Federal Court

Federal Court decision good news for refugees waiting for citizenship

The Federal Court ruled on December 16 that delays by the Department of Immigration and Border Security (DIBS) in making decisions on citizenship were “unreasonable”, prompting hope for people with refugee backgrounds in a similar plight. 

One litigant said: “This may set an important precedent for individuals in similar circumstances.”

Acting CEO of Refugee Council of Australia (RCOA) Tim O’Connor said the decision was a “landmark ruling” which recognised the “injustice” citizenship delays had caused. 

Federal Court rules against Dutton on refugees

In a landmark decision on December 16, the Federal Court found the minister for immigration Peter Dutton unreasonably delayed making decisions on applications for citizenship by refugees.

The court also ruled that Dutton erred in rejecting the applications for citizenship of two Afghan refugees several weeks after they commenced legal proceedings. The pair had been permanent residents of Australia for more than four years.

Federal Court decision on citizenship delays good news for refugees waiting years in limbo

On December 16, the Federal Court ruled that delays by the Department of Immigration and Border Security (DIBS) in making decisions on citizenship were “unreasonable”, prompting hope for people with refugee backgrounds in a similar plight. 

One litigant said: “This may set an important precedent for individuals in similar circumstances.”

Acting CEO of Refugee Council of Australia (RCOA) Tim O’Connor said the decision was a “landmark ruling” which recognised the “injustice” citizenship delays had caused. 

Port Melville again approved with no environmental conditions

The federal environment minister Josh Frydenberg has again approved the use of a marine supply base at Port Melville in the Tiwi Islands without an environmental impact assessment and with none of the environmental conditions that were previously imposed.

A spokesperson for Frydenberg said on December 15: “The department has decided the operation of a marine supply base at Port Melville is not likely to have a significant impact on the environment and can proceed without further assessment under national environment law.

Adani coalmine’s next legal hurdle

The Environmental Defenders Office Queensland (EDO), on behalf of the Australian Conservation Foundation (ACF), lodged an appeal on September 19 against the Federal Court’s finding in August that then-environment minister Greg Hunt’s approval of Adani’s Carmichael coalmine was lawful.

The appeal challenges the lawfulness of the court’s finding that the minister was entitled to find the impact on global warming and the Great Barrier Reef from the Carmichael mine’s 4.6 billion tonnes of carbon emissions was “speculative”.

Aboriginal people file class action for stolen wages

About 300 Aboriginal people have joined a class action filed in the Federal Court on September 12 to recover wages they say were stolen by the Queensland government more than half a century ago.

The claim is for unpaid wages held in government trust accounts under Queensland’s Aboriginal Protection and Preservation Act 1939, which allowed the government to control the earnings of Aboriginal people until 1972. Much of the money was lost or stolen.

Why the fight against Adani’s mega coalmine is far from over

Mining giant Adani’s plan for a mega coalmine in Queensland’s Galilee Basin was dealt a near death blow on August 5 when the Federal Court set aside approval for the Carmichael licence. The mine, if built, would be Australia’s largest, exporting up to 60 million tonnes of coal from the Great Barrier Reef coast every year. The federal environment minister gave the $16.5 billion mine and rail project approval in July last year. The current and former Queensland governments have been gung-ho in their support for the mine.