Love v. Commonwealth of Australia
Thoms v. Commonwealth of Australia
Case Nos.
B43/2018 and B64/2018
Case Information
Catchwords
Migration law – Where Love born in Papua New Guinea to Australian father – Where Love identifies as descendant of the Kamilaroi tribe – Where Love has five Australian children – Where Love was sentenced for an offence of assault occasioning bodily harm against s 339 of the Criminal Code 1899 (Qld) and sentenced to imprisonment of 12 months – Where Love’s Class BF Transitional (permanent) Visa cancelled under s 501(3A) of the Migration Act 1958 (Cth) – Where Love detained under s 189 of Migration Act 1958 (Cth) on suspicion of being an “unlawful non-citizen” – Where cancellation of Love’s visa revoked under s 501CA(4) of the Migration Act and Love released from immigration detention – Where Thoms born in New Zealand to Australian mother – Where Thoms identifies as member of Gunggari People – Where Thoms has one Australian child – Where Thoms sentenced to imprisonment of 18 months for assault occasioning bodily harm contrary to ss 339(1) and 47(9) of the Criminal Code– Where Thoms’ Subclass 444 Special Category (temporary) Visa cancelled under s 501(3A) of the Migration Act – Where Thoms was and remains detained purportedly under s 189 of the Migration Act on suspicion of being an “unlawful non-citizen” – Whether each of Love and/or Thoms an “alien” within the meaning of s 51(xix) of the Constitution (Cth).
Documents*
10/09/2018 Writ of summons – Love
14/09/2018 Notice of constitutional matter – Love (Plaintiff)
29/11/2018 Hearing (Single Justice, Brisbane v/link Melbourne)
05/12/2018 Writ of summons – Thoms
12/12/2018 Notice of constitutional matter – Thoms (Plaintiff)
02/01/2019 Special case stated – Love
07/01/2019 Hearing (Single Justice, Brisbane v/link Melbourne)
01/03/2019 Special case stated - Thoms
05/03/2019 Hearing (Single Justice, Brisbane v/link Melbourne)
02/04/2019 Written submissions (Plaintiffs)
15/04/2019 Written submissions (Defendants)
26/04/2019 Reply
08/05/2019 Hearing (Full Court, Canberra) (Audio-visual recording)
08/05/2019 Outline of oral argument (Plaintiffs)
08/05/2019 Outline of oral argument (Defendant)
18/10/2019 Notice of constitutional matter – Love (Defendant)
18/10/2019 Notice of constitutional matter – Thoms (Defendant)
08/11/2019 Written submissions (Defendant)
22/11/2019 Written submissions (Attorney-General for the State of Victoria intervening)
22/11/2019 Notice of constitutional matter (Attorney-General for the State of Victoria intervening)
22/11/2019 Reply to the defendant's further submissions (Plaintiffs)
29/11/2019 Reply (Defendant)
29/11/2019 Reply to the intervener's submissions (Plaintiffs)
05/12/2019 Hearing (Full Court, Canberra) (Audio-visual recording)
05/12/2019 Outline of oral argument (Plaintiffs)
05/12/2019 Outline of oral argument (Defendant)
05/12/2019 Outline of oral argument (Attorney-General for the State of Victoria intervening)
11/02/2020 Judgment (Judgment summary)
BVD17 v. Minister for Immigration and Border Protection & Anor
Case No.
S46/2019
Case Information
Lower Court Judgment
25/07/2018 Federal Court of Australia (Flick, Markovic and Banks-Smith JJ)
Catchwords
Migration law – Procedural fairness – Where certificate issued under s 473GB of Migration Act 1958 (Cth) – Where failure to disclose the fact of certification and appellant unaware of certificate – Whether Immigration Assessment Authority denied procedural fairness by not disclosing that part of the review material included material subject of certificate – Whether Immigration Assessment Authority failed to consider exercising discretion to disclose information –Whether Immigration Assessment Authority acted in a way that was legally unreasonable in circumstances.
Documents*
15/02/2019 Hearing (SLA, Sydney v/link to Melbourne)
01/03/2019 Notice of appeal
05/04/2019 Written submissions (Appellant)
05/04/2019 Chronology (Appellant)
03/05/2019 Written submissions (First respondent)
15/05/2019 Reply
13/06/2019 Hearing (Full Court, Canberra) (Audio-visual recording)
13/06/2019 Outline of oral argument (Appellant)
13/06/2019 Outline of oral argument (First respondent)
09/10/2019 Judgment (Judgment Summary)
The Queen v. A2; The Queen v. Magennis and The Queen v. Vaziri
Case Nos.
S43/2019, S44/2019 and S45/2019
Case Information
Lower Court Judgment
10/08/2018 Supreme Court of New South Wales (Court of Criminal Appeal) (Hoeben CJ, Ward JA, Adams J)
Catchwords
Criminal law – Female genital mutilation – Where A2 and Magennis had been convicted of offences of female genital mutilation contrary to s 45(1)(a), Crimes Act 1990 (NSW) – Where Vaziri had been convicted of being an accessory to those offences – Where, on appeal, the Court of Criminal Appeal of New South Wales (CCA) entered verdicts of acquittal for A2, Magennis and Vaziri – Whether the CCA erred in construing the words “otherwise mutilates” and “clitoris” in s 45(1)(a) of the Crimes Act – Whether “otherwise mutilates” extends to include any injury and/or damage to another person’s clitoris in s 45(1)(a) of the Crimes Act – Whether “clitoris” includes the clitoral hood or prepuce in s 45(1)(a) of the Crimes Act.
Documents*
15/02/2019 Hearing (SLA, Sydney)
01/03/2019 Notice of appeal
05/04/2019 Written submissions (Appellant)
05/04/2019 Chronology (Appellant)
03/05/2019 Written submissions (Respondents in S43/2019 and S45/2019)
03/05/2019 Written submissions (Respondent in S44/2019)
23/05/2019 Reply
12/06/2019 Hearing (Full Court, Canberra) (Audio-visual recording)
12/06/2019 Outline of oral argument (Appellant)
12/06/2019 Outline of oral argument (Respondents in S43/2019 and S45/2019)
12/06/2019 Outline of oral argument (Respondent in S44/2019)
19/06/2019 Note on World Health Organisation Recommendations (Appellant)
26/06/2019 Joint Note on World Health Organisation Recommendations (Respondents)
24/07/2019 Joint Submission on the Criminal Appeal Act 1912 (NSW) (Respondents)
07/08/2019 Submissions on the Criminal Appeal Act 1912 (NSW) (Appellant)
16/10/2019 Judgment (Judgment summary)
Audio-visual recordings of Full Court hearings heard in Canberra
Case: OKS v. The State of Western Australia
Date: 14 February 2019
Transcript: Hearing
AV time: 40m
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Audio-visual recordings of Full Court hearings heard in Canberra
Case: Plaintiff M47/2018 v. Minister for Home Affairs & Anor
Date: 13 February 2019
Transcript: Hearing
AV time: 3h 58m
You accept the terms of use (below) by playing this audio-visual recording.
Terms of use
Access to the audio-visual recordings of the Court is subject to the following conditions:
(1) You will not record, copy, modify, reproduce, publish, republish, upload, post, transmit, broadcast, rebroadcast, store, distribute or otherwise make available, in any manner, any proceeding or part of any proceeding, other than with prior written approval of the Court. However, schools and universities may broadcast/rebroadcast proceedings in a classroom setting for educational purposes without prior written approval.
(2) The audio-visual material available via our web-site of Court proceedings does not constitute the official record of the Court.
(3) Copyright of the footage of the proceedings is retained by the Court.
By clicking "play" (the triangle controls on the video player), you agree to be bound by these terms of use.