Dunlea Smyth, Mark
This article examines the duty to inquire in Australian merits review tribunals. Following the High Court's recent decision in Minister for Immigration and Citizenship v SZIAI, there has been some uncertainty surrounding the duty's status in a number of Federal Court and Federal Magistrates Court decisions. This article essays a conflicted conceptual basis for the duty to inquire derived from five (competing) aspects of merits review: the institutional, the procedural, the orientational, the...[Show more]
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