Made in Migration - A conversation with the Hon. Michael Kirby AC CMG

In this podcast, the Hon. Michael Kirby, past Justice of the High Court of Australia, describes the approach he has taken, in the High Court, to interpreting provisions of the Migration Act that appear to be ambiguous or seriously unjust.  In that circumstance, applying the Bangalore Principles of 1988, Justice Kirby explained that judges should examine international law in finding and applying Australian law in the case.  This thesis has proved controversial.  It was criticised by the High Court majority in Al-Kateb v Godwin (2004) 219 CLR 562.  However, although on a different basis, the decision in Al-Kateb was set aside in NZYQ v Minister.  The decision in Al-Kateb was overruled. 

 

This podcast prepared by Sidar Cetin, a lawyer and accredited specialist in immigration law, explains the role and methodology of appellate courts in important decisions upon which senior judges differ from one another.