14/9/26 14/9/26

The Expanding Role of Human Rights Law in Public Law Proceedings: Chief Executive, Dept of Environment, Science and Innovation v Nagana Yarrbayn Wangan and Jagalingou Cultural Custodians [2026] QCA 7

Hannah Bowcock

‍If a practitioner does not self-identify as a ‘human rights lawyer’, it is tempting to disregard developments in human rights jurisprudence as irrelevant to legal practice. A working understanding of the human rights legislation in force in the Australian Capital Territory, Victoria and Queensland is, nonetheless, an important part of the legal practitioner’s toolkit. ….

30/5/22 30/5/22

Justice deferred: Plaintiff M1/2021 v Minister for Home Affairs

Chris Honnery

‘A sentence of death.’ The title of Edelman J’s dissenting judgment in Plaintiff M1/2021 v Minister for Home Affairs (M1) captures the stakes of visa cancellation matters in which a former visa holder claims to face serious harm in their country of origin.

In M1, the High Court addressed whether a decision maker is required to consider claims that raise a potential breach of Australia's international nonrefoulement obligations when determining if there is ‘another reason’ to revoke a mandatory visa cancellation under s 501CA of the Migration Act 1958 (Cth) (the Act). By majority, the High Court held that it is permissible to ‘defer’ consideration of non-refoulement claims raised in a request to revoke a visa cancellation on the basis that these claims will be assessed in a protection visa application.

26/11/21 26/11/21

The Kerr Report, 50 Years On: An Overseas Overview

Paul Daly

Before situating the Kerr Report in what I consider to be its historical context, let me begin with a quibble. The Kerr Report considered comparative materials in some detail. This must have taken considerable effort in days where information from the United States, the United Kingdom, New Zealand …