Re Canavan; Re Ludlam; Re Waters; Re Roberts [No 2]; Re Joyce; Re Nash; Re Xenophon
[2017] HCA 45 27 October 2017 - C11/2017, C12/2017, C13/2017, C14/2017, C15/2017, C17/2017 and C18/2017. Former deputy prime minister Barnaby Joyce will face a by-election on 2 December after being declared ineligible to sit in Parliament by the High Court. One Nation's Malcolm Roberts, the Nationals' Fiona Nash, and former Greens senators Larissa Waters and Scott Ludlam, who had both already stood aside, were also ruled to be ineligible to sit in Parliament because they were dual nationals when they stood for election. The court has ordered their Senate seats be filled by a special recount of ballots. Nationals senator Matthew Canavan can remain in Parliament after the court found he was validly elected. The court also found Senator Nick Xenophon was safe to sit in the Upper House, although he has announced he will leave federal politics to pursue a return to South Australian politics.

Citizenship bill fails in Senate
The bill which failed to be accepted, had tried to impose a university-level English language requirement plus four years of living in Australia as a permanent resident prior to an application being made for Australian citizenship (19 October 2017).  More...

BMB16 v Minister for Immigration and Border Protection [2017] FCAFC 169
MIGRATION – consideration of an appeal from a decision of the Federal Circuit Court of Australia dismissing an application for judicial review of a decision of the Immigration Assessment Authority – whether the Authority has fallen into jurisdictional error by going beyond the ambit of the review prescribed by s 473CC of the Migration Act 1958 (Cth).
STATUTORY INTERPRETATION – consideration of the word “review” in Part 7AA and whether it has the same core meaning as it has in Parts 5 and 7 of the Act – where a strong contextual consideration exists that a word used throughout an enactment is to be interpreted consistently.
STATUTORY INTERPRETATION – consideration of the nature of the review to be conducted pursuant to s 473CC of the Act – whether the Authority’s review is restricted to the correction of error in relation to those issues held to be determinative by the delegate – where the Authority’s review is expressly described in the Act as “limited” and “on the papers” – where the Authority is limited to the review of material provided to it under s 473CB of the Act, except in exceptional circumstances – where the Authority may affirm a decision or remit the decision for reconsideration with permitted directions or recommendations – where the review is a compulsory aspect of the process of a “fast track applicant” applying for a visa – where the Authority is not obliged to conduct an oral hearing – where Parliament has not expressly stated that the Authority’s power of review is limited to a review for correction of error. Dismissed.

Cat and dog crackdown: Asylum seekers now need the government's permission to buy a pet
Thousands of asylum seekers in Australia will now require permission from Immigration Minister Peter Dutton's department if they want to get a pet. The edict applies to thousands of people currently in Australia awaiting the outcome of their bids for protection, including the 7,500 who lodged their claims following the government's imposition of an October 1 deadline (20 October 2017).  More...


Contact:

Rachel Drew, Partner 
T: +61 7 3135 0617 
E: rachel.drew@holdingredlich.com

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