Legal publications

Back at the Border: When Protection Ends at Departure — Lessons from Plaintiff S15/2025

A joint article with Dr Jason Donnelly analysing our High Court case of Plaintiff S15/2025, which raised issues concerning the scope and extraterritorial application of Australia’s non-refoulement obligations.

Clarity in the test for materiality

A discussion of the High Court’s decision in LPDT v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2024] HCA 12 with Douglas Mcdonald-Norman for Bench TV.

The Weight of Expectations: Ismail v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 2

An analysis of the interpretation of the Expectations of the Australian Community consideration under the Direction in visa cancellation cases.

Justice deferred: Plaintiff M1/2021 v Minister for Home Affairs

An article considering the practical consequences of the High Court's decision in Plaintiff M1/2021 v Minister for Home Affairs.

Yes Minister, you must exercise your intervention power personally

An analysis of the High Court's decision in Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs & Ors [2023] HCA 10 for Bar News magazine.

The Erosion of Fairness in Australia’s Refugee Framework

A post for the University of Oxford on Australia’s ‘fast track’ merits review system and asylum seekers’ circumscribed rights before the Immigration Assessment Authority.

The Confused Construction of ‘Non-Refoulement’ in the Ministerial Directions for Visa Cancellations

An analysis of the interpretation and application of Ministerial Directions in visa cancellation cases.