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…

The Immigration and Asylum Chamber of the United Kingdom Upper Tribunal (“UKUT”) can issue ‘country guidance’ decisions, which guide (and, in most circumstances, bind) government decision-makers in assessing conditions in particular countries in determining whether asylum seekers are entitled to protection in the UK. The UKUT’s decision in GJ and Others (post-civil war: returnees) Sri…