Application of Human Rights Principles for Protection of Legitimate Expectations in Immigration Cases
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This paper aims to provide an analysis of the Australian immigration cases with special emphasis on post-Teoh decisions which employ international human rights law on the protection of legitimate expectation and procedural fairness in administrative decision-making. I propose to examine the way in which the international human rights treaties have influenced the development of these administrative law principles and served as an aid to statutory interpretation in the context of Australian immigration cases. A series of immigration cases from New Zealand and the United Kingdom will be analysed to explore the changes which have occurred and the judicial constraints to which the legitimate expectation concept has become subject. It is hoped that by exploring the divergence in approach to the concept of legitimate expectation, the study will facilitate a consideration of the future development of the concepts of legitimate expectation and natural justice within the context of Australian immigration law.
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King's Law Journal
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27
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2
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Public law
Law and legal studies