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Non Application High Court Precedents Minister Has Authority to Make Decisions Claims Redetermined After Ultra Vires |
Referral of Federal Court Precedent (requiring diagnosis before Deledio process) to High Court.
Precedent is clearly wrong and has never been to High Court – Five out of five decisions by High Court have gone against Repatriation Commission. An easy way to demonstrate Federal Court Precedent is wrong is to apply Federal Court Precedent to facts of Byrnes case. In other words use VEA sec 120(4) instead of VEA sec 120(1). Federal Court Precedent then overturns Byrnes decision. Obviously this is wrong because a lower court (Federal Court) cannot overrule a higher court (High Court). |