Minister for Immigration and Citizenship v SZMDS
Jurisdiction | Australia Federal only |
Judge | Gummow ACJ,Kiefel J.,Heydon J.,Crennan,Bell JJ. |
Judgment Date | 26 May 2010 |
Neutral Citation | 2010-0526 HCA A,[2010] HCA 16 |
Court | High Court |
Docket Number | S193/2009 |
Date | 26 May 2010 |
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777 cases
2 firm's commentaries
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Illogical and Irrational Decisions - Confirmed as a Ground of Judicial Review for Decision-Makers
...aground of judicial review that focuses on illogical and irrational reasoning processes (Minister for Immigration and Citizenship v SZMDS [2010] HCA 16). This means that it is clear that an administrative decision can now be reviewed on the basis that no rational or logical decision-maker c......
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The High Court's refugee swap decision: Beware the hidden jurisdictional fact
...that a court can inquire into whether that state of mind was logically formed. In Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611, a majority of the High Court found that illogicality is a ground of review for subjective jurisdictional facts. Justices Crennan and Bell he......
12 books & journal articles
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A LOOK BACK AT PUBLIC POLICY, THE LEGISLATURE, THE COURTS AND THE DEVELOPMENT OF COPYRIGHT LAW IN SINGAPORE
...Ltd v iiNet Ltd[2012] HCA 16 at [117]. 137Roadshow Films Pty Ltd v iiNet Ltd[2012] HCA 16 at [119]. 138Roadshow Films Pty Ltd v iiNet Ltd[2010] HCA 16 at [120]. 139 This is a topic that has been extensively written on. See, for example, Burton Ong, “Copyright and Cartography: Mapping the Bo......
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The Nature of Merits Review: A Bold Vision Realised in the Administrative Appeals Tribunal
...has given a statement of reasons, the principle in Avon Downs does not apply. – See Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611, 623 [34], 639 [104]–[105] ('SZMDS'); Tasty Chicks Pty Ltd v Chief Commissioner of State Revenue (2011) 245 CLR 446, 454 [19]. 204 Attorney......
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The Constitution and the Substantive Principles of Judicial Review: The Full Scope of the Entrenched Minimum Provision of Judicial Review
...21 Minister for Immigration and Citizenship v SZMDS (2010) 240 CLR 611, 621 (Gummow ACJ and Kiefel J) ('SZMDS'). 22 Constitution s 51(vi). See further Kerr and Williams, above n 19. 23 Communist Party case (1951) 83 CLR 1, 258 (Fullagar J). 24 Other formulations are possible: David Dyzenhau......
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Can Parliament Confer Plenary Executive Power? the Limitations Imposed by Sections 51 and 52 of the Australian Consitution
...total war, but it is not necessary to consider that issue here. See also Stellios, above n 51, 332; Minister for Immigration v SZMDS (2010) 240 CLR 611, 621 [25] (Gummow ACJ and Kiefel J). 2016 Can Parliament Confer Plenary Executive Power? 295 ______________________________________________......
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