Human Rights Treaties and Development of "Legitimate Expectation" in Immigration Law

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Rajapakse, Pelma
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Prof. Dennis Campbell

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2014
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Abstract

Human rights treaties have made a significant impact on the development of the principle of"legitimate expectation" in immigration cases after the High Court case of Minister for Immigration and Ethnic Affairs vs. Teoh. 1 While this is specifically related to immigration and refugee cases, it can be expanded to other legal areas. There are three main ways that human rights treaties have influenced the development of the admini­trative principles related to legitimate expectations. First, due to the cases considering the legitimate expectations that may arise from human rights treaties, there is a greater understanding and focus on the principle of legitimate expectation and its expansion and application to a wide range of treaties and general expectations. Second, the political nuisances associated with human rights treaties have resulted in a significant development of the concept of"statutory and executive comments to the contrary". Third, human rights treaties have fashioned and progressed the legal consideration of a decision-maker's duty to inquire and factors that need to be considered when making a decision.

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The Comparative Law Yearbook of International Business

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36

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Human Rights Law

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