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Justice Matrix · Case profile

Plaintiff M68/2015 v Minister for Immigration and Border Protection [2016] HCA 1

Australia (National)High Court of Australia2016Asia Pacific
AdverseHigh precedentVerified
Strategic issue

What was at stake

Constitutional validity of the Commonwealth's participation in and funding of the detention of asylum seekers at the Nauru Regional Processing Centre.

Key holding

What the court decided

The Commonwealth's conduct in procuring and funding the Nauru detention was authorised by s198AHA of the Migration Act and was constitutionally valid. Offshore detention upheld under Australian law, the direct counterpoint to Namah v Pato in PNG.

Issue areas

Categories

refugeeasylumnon-refoulementimmigration detentionoffshore processingregional processing
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