Minister for Immigration and Citizenship v Li
Jurisdiction | Australia Federal only |
Court | High Court |
Judge | French CJ,Hayne,Kiefel,Bell JJ.,Gageler J |
Judgment Date | 08 May 2013 |
Neutral Citation | [2013] HCA 18,2013-0508 HCA D |
Docket Number | B68/2012 |
Date | 08 May 2013 |
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524 cases
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Australian Communications and Media Authority v Today FM (Sydney) Pty Ltd
...179(3) of the BSA. 128Kruger v The Commonwealth (1997) 190 CLR 1 at 36; [1997] HCA 27; Minister for Immigration and Citizenship v Li (2013) 249 CLR 332 at 370–371 [88]–[92]; [2013] HCA 129 Section 178(2) of the BSA. See (2014) 218 FCR 461 at 484 [95]–[96]. 130 Timbarra Protection Coalition ......
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5 firm's commentaries
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Administrative law developments
...1988 and related legislation. Following the High Court of Australia's 2013 decision in Minister for Immigration and Citizenship v Li (2013) 249 CLR 332, several cases have further considered the concept of legal unreasonableness in decisions as a basis for judicial review. Minister for Immi......
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Construction & Infrastructure News - 9 October 2018
...to carry out work illegal under the conditions of permit — Minister for Immigration and Citizenship v Li & Anor [2014] FCAFC 1; (2013) 249 CLR 332, considered — Order made quashing variations. ADMINISTRATIVE LAW — Implementation of executive policy — Non-statutory moratorium prohibiting......
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High Court clarifies challenging security of payment scheme adjudications
..."which lacks an evident and intelligible justification." (Bouygues, quoting Minister for Immigration & Citizenship v Li (2013) 249 CLR 332 (Hayne, Kiefel and Bell JJ) 367 [76].) In Bouygues, the alleged error occurred when the adjudicator determined that the parties had agreed......
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High Court revives Wednesbury unreasonableness
...of unreasonableness, rationality and logicality in judicial review. The High Court in Minister for Immigration and Citizenship v Li [2013] HCA 18 found that the failure by the Migration Review Tribunal (MRT) to grant an adjournment to an applicant was unreasonable and rendered the Tribunal'......
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21 books & journal articles
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The 2017 Winterton Lecture. Sir Owen Dixon Today
...HCA 54. See, further, Certain Lloyd’s Underwriters v Cross (2012) 248 CLR 378, [24], [70]; [2012] HCA 56; Minister for Immigration v Li (2013) 249 CLR 332, [67]; [2013] HCA 18. 99Spriggs v Federal Commissioner of Taxation (2009) 239 CLR 1, [79]; [2009] HCA 22; Federal Commissioner of Taxati......
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The use and Enforcement of Soft Law by Australian Public Authorities
...that it would apply a more relaxed version of the Wednesbury ground in future in Minister for Immigration and Citizenship v Xiujuan Li (2013) 87 ALJR 618. 91 See McMilla n, above n 47. This possibility will be examined in Part IV. 92 (2 011) 192 FCR 173 ('Khan v MIAC'). 93 Th e manager had ......
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Three Decades of Tension: From the Codification of Migration Decision-Making to an Overarching Framework for Judicial Review
...Yusuf (n 109) 351; and Gleeson CJ’s later discussion of illogicality, irrationality andunreasonableness in S20/2002 (n 111) [20].113. (2013) 249 CLR 332 (‘Li’).114. Ibid 347 (French CJ), 357 (Hayne, Kiefel and Bell JJ).414 Federal Law Review would be severely limited in their ability to int......
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Re-Evaluating the Doctrine of Deference in Administrative Law
...other, political mechanisms for holding the legislative and executive branches to account. Thus, he argued that in deciding whether 3 (2013) 249 CLR 332 (‘Li’). 4 See, eg, Chris Wheeler, ‘Judicial Review of Administrative Action: An Administrative Decision-Maker’s Perspective’ (Paper presen......
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