Minister for Immigration and Ethnic Affairs v Teoh 1995 (HCA)

Question 1

Summary

Answer 1

Teoh was being deported for a crime.

Question 2

Relevant part of Law

Answer 2

UN Convention on the rights of the child

Question 3

Issue

Answer 3

Teoh claimed that his deportation would induce undue hardship on his children.

Question 4

Key Outcome

Answer 4

HC held that there was limited exception to being able to expect that treaties would be taken in to account in decision making if not in Australian Law. HC held that customary international law should be considered where fundamental human rights are at jeopardy. HC suggested Minister revoke his decision. Criticised in future as it places executive in superior position over legislature, not in line with SOP. Executive signed treaty, but legislature did not incorporate into domestic law, but now this is common law precedent. Parliaments should be sovereign law makers.