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High Court rejects Malaysian Solution (5 Viewers)

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she wouldnt have had that problem if she just proclaimed herself chancellor of nazi germany australia already
 

Lolsmith

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Extraordinary. It is not the court's role to allow illegal executive actions for political, policy or even practical reasons. That is a job for the legislature.

http://www.theaustralian.com.au/nat...alaysia-solution/story-fn9hm1gu-1226127340185
http://www.theaustralian.com.au/national-affairs/dennis/story-fn59niix-1226127337399
obviously they've been paid by the Liberal Party

It's interesting to see that some of the judges didn't think that the move was particularly illegal, does it say their reasoning for such a judgement?
 

izzy88

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obviously they've been paid by the Liberal Party

It's interesting to see that some of the judges didn't think that the move was particularly illegal, does it say their reasoning for such a judgement?
The judgement was linked on the first page of thread, but below is the High Court summary of the judgement (for easy reading - only a page and a half).

http://www.hcourt.gov.au/assets/publications/judgment-summaries/2011/hca32-2011-08-31.pdf

Also Heydon J dissented. So it was 6:1 Majority.

Theoretically, the government could attempt to change the legislation of the Migration Act (s198) to get around the ruling, but I don't think they could get any amendments through Parliament.
 
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Azure

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I really hope this crap excuse for a government collapses soon. Attacking the courts when it doesn't get its way ... absolute joke.
 

Chemical Ali

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bleeding heart activist judges interfering with our democratically illegitimate government
 

Lentern

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Extraordinary. It is not the court's role to allow illegal executive actions for political, policy or even practical reasons. That is a job for the legislature.

http://www.theaustralian.com.au/nat...alaysia-solution/story-fn9hm1gu-1226127340185
http://www.theaustralian.com.au/national-affairs/dennis/story-fn59niix-1226127337399
Implying that Howard didn't attack the high court when it suited him. She hasn't yet gotten a senator to libel any of the judges under parliamentary privilege.
 

Chemical Ali

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Extraordinary. It is not the court's role to allow illegal executive actions for political, policy or even practical reasons. That is a job for the legislature.
Mr Howard defended Mr Fischer’s attack on the High Court when the correspondence from the Chief Justice was disclosed on 28 February 1997 by saying: “There is nothing wrong with criticizing judgments, people frequently criticize the judgments of the courts.”
 

cosmo kramer

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what does it matter if they're processed on or offshore theyll just be coming here regardless in the end
 

Lentern

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Hopefully this ends offshore processing once and for all.
It all but should in the common law, however the government looks to be gearing up to amend the migration act to effectively remove the specifications about where and under what conditions we have to treat asylum seekers. Presumably it is something that Abbott would like to see happen but here's hoping his obstructionism will override his desire to see the policy enacted. Greens, Wilkie, Oakeshott and Xenophon will all vote no and condemn it most strongly, without doubt.
 

Garygaz

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it can't be seen as an easy option to just 'get' into australia. asylum seekers are just forced charity for tax payers.
 

cosmo kramer

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why not conquer papua new guinea and move all refugee asylum seekers there to live permanently
 

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