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Keywords: Court

There are more than 200 results, only the first 200 are displayed here.

  • AUSTRALIA

    Speaking for others in the public square

    • Frank Brennan
    • 22 June 2015
    4 Comments

    Walking towards the courthouse, I heard a cry, 'Hey, Father Frank, over here! You've got to support us mob.' I was torn. I was chairing a national consultation at the request of the Commonwealth Government. I did not want to politicise our presence in town.   But then again, I did not want to abandon Ben and his colleagues in their hour of need. They all stood in front of an Aboriginal flag.  Some were crying out for justice for their deceased loved one.

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  • AUSTRALIA

    Asylum seeker Ali's successful day in court

    • Kerry Murphy
    • 13 February 2015
    23 Comments

    Former Immigration Minister's Scott Morrison's ruthless determination to prevent refugees arriving by boat from getting permanent residence has been successfully challenged. On Wednesday, the High Court ordered the current Immigration Minister to grant a permanent protection visa to a Pakistani Hazara 'S297'. Such an instruction is almost unheard of, as usually the Minister is asked to re-make the decision lawfully.

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  • AUSTRALIA

    High Court fails high seas detainees

    • Frank Brennan
    • 02 February 2015
    20 Comments

    The Abbott Government had a thumping big win in the High Court on Tuesday. All seven High Court judges have made it clear that there is next to nothing that can be done in the courts to question the government's approach. It is lawful, acceptable to government, and hardly a matter of concern to the Australian community, that 157 asylum seekers, including children, can be kept in windowless detention on an Australian vessel for a month on the high seas in the Indian Ocean.

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  • AUSTRALIA

    Do we have a right to assisted suicide?

    • Frank Brennan
    • 05 November 2014
    38 Comments

    Physician assisted suicide and euthanasia are back, in the courts of Canada and the UK, and in the parliaments of the UK and Australia. The Australian Senate is considering the Greens' formulation of a broad and fuzzy law that goes further than UK proposals in that it would allow Dr Philip Nitschke to administer a fatal injection.

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  • AUSTRALIA

    The legal fiction that sealed Baby Ferouz's fate

    • Kerry Murphy
    • 21 October 2014
    8 Comments

    Successive Australian Governments have created fictions that aim to exclude asylum seekers. The latest example is the case of Baby Ferouz, whose protection visa application was refused in the Federal Circuit Court last week. Normally, a child born in Australia is considered to have the same visa as their parents. But Ferouz’s parents had no visa, so lawyers in Brisbane arranged for her to apply for a protection visa.

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  • AUSTRALIA

    The unfolding logic of euthanasia

    • Zac Alstin
    • 06 October 2014
    33 Comments

    A Belgian court recently granted permission for a psychiatrically ill prisoner to be euthanised. Having worked in bioethics, I find it hard to avoid a morbid fascination with the gradual unfurling of euthanasia in nations where it has had a chance to become firmly established. While members of the public are usually shocked to hear of each new milestone, from an ethical perspective there are no real surprises.

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  • AUSTRALIA

    High noon for Government refugee policy

    • Kerry Murphy
    • 12 September 2014
    12 Comments

    There may not be simple solutions to complex issues such as how to reduce the risk of travel by boat without punishing the refugees. However, the High Court's latest decision reminds us there are people involved and they are not ‘outlaws’.

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  • INTERNATIONAL

    Bittersweet victory for the Mothers of Srebrenica

    • Binoy Kampmark
    • 21 July 2014
    1 Comment

    Last week the Dutch Supreme Court found that the Netherlands was liable for the deaths of over 300 Bosnian Muslim men and boys at Srebrenica in Bosnia-Hercegovina in July 1995. They had been part of a group of 5000 refugees, who had been sheltering with Dutch UN peacekeepers known as Dutchbat and were handed over to Serb forces in exchange for 14 Dutch peacekeepers. A historical arrangement had been writ in blood.

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  • AUSTRALIA

    In defence of judges

    • John Ellison Davies
    • 16 July 2014
    18 Comments

    Judge Garry Neilson is in a spot of bother after comparing incest and paedophilia to homosexuality. He is not the first judge to find himself in this situation and he will not be the last. Judges enjoy a life of privilege and status. In their own courtroom they are feudal masters. But when one of them makes a mistake, the media jumps all over them. Politicians rant. The controversy is always out of proportion to the alleged error. 

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  • AUSTRALIA

    Australia supplying alleged refugee persecutors

    • Kerry Murphy
    • 11 July 2014
    6 Comments

    While Immigration Minister Scott Morrison sits with Sri Lankan President Mahinda Rajapaksa and hands over customs vessels to the Sri Lankan Government for use in preventing people escaping Sri Lanka, Australia's High Court is deciding whether a group of 158 Sri Lankan asylum seekers can be returned to the Sri Lankan Government. How did we get to the stage where we are supplying the alleged persecutors with the means of stopping people from escaping and seeking our protection?

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  • AUSTRALIA

    High Court backs ministerial power over asylum seekers

    • Kerry Murphy
    • 20 June 2014
    6 Comments

    Over the last few years the High Court has made several decisions which found the Government wanting when making decisions regarding asylum seekers. Inevitably the cases are decided on the basis of whether a power was correctly applied or interpreted. Sometimes the results favoured asylum seekers, sometimes they upheld the position of the Government. A case this week in which the applicant lost may have significant consequences.

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  • AUSTRALIA

    Law disorder in Campbell Newman's Queensland

    • Frank Brennan
    • 18 June 2014
    11 Comments

    All is not well in the Sunshine State, where Premier Newman is running a strong 'law and order' line. Judges are used to politicians running 'law and order' lines, but enjoy independence from the executive government once appointed. The risky part is the sequence of events associated with the appointment. The naming of Tim Carmody as the state's chief justice has made a mockery of the transparency and openness of this process.

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