In recent years, asylum seekers from Bangladesh have comprised a significant portion of unauthorised maritime arrivals (that is, people arriving by boat without visas) in Australia. Their claims for protection have encountered significant resistance from decision-makers in refugee status determination (RSD), both at first instance within the Department of Immigration and Border Protection (DIBP) and…

Image of Supreme Court of India

This is the second post in an infrequent series on colonial continuity in the Indian judiciary. The first post can be found here. In November, I posted what was, in retrospect, an embarrassingly effusive paean to the Indian Constitution, as delivered to the Indian Consulate in Sydney to mark Constitution Day. I said it (in…

This post is not a summary of the Supreme Court’s recent decision in Jindal Stainless Ltd v State of Haryana, Civil Appeal No. 3453/2002 (2016) (“the Entry Tax case”). Other contributors to this blog will undoubtedly weigh in on the full implications of this decision soon enough. This post is a (very brief) sequel to…

The impact of section 377 of the Indian Penal Code is not measurable solely by reference to formal prosecutions resulting in reported decisions. As the Delhi High Court found in Naz Foundation v Government of NCT of India (“Naz Foundation”), the criminalisation of same-sex sexual conduct, even where not enforced, serve to ‘entrenc[h] stigma and…

As Vikram has previously noted, Part XIII of the Indian Constitution (regarding trade, commerce and intercourse within India) has once again arisen for interpretation. These provisions draw upon (but are not precisely equivalent to) section 92 of the Australian Constitution, which reads as follows: On the imposition of uniform duties of customs, trade, commerce, and…

The Supreme Court of Papua New Guinea (“SCPNG”)’s recent decision in Namah v Pato [2016] PGSC 13; SC1497 (“Namah”) found the detention of asylum seekers (transferred from Australia to Papua New Guinea [“PNG”]) in a ‘regional processing centre’ on Manus Island to be ‘unconstitutional and illegal’. (For an excellent general overview of the decision, see…