Minister for Immigration and Ethnic Affairs v. Teoh

Abstract

Relationship of international law and municipal law — Treaties — Effect in municipal law — Treaty ratified but not incorporated into municipal law — Whether having any effect in municipal law — Whether creates legitimate expectation that government agencies will conform with principles of an unincorporated treaty — Rejection of application for resident status and order for deportation from Australia — Claim that deportation would create hardship for children of the family — United Nations Convention on the Rights of the Child, 1989 — Whether legitimate expectation that principles of Convention will be applied when determining application for resident status

Treaties — Ratification — Effect in municipal law — Whether ratification constitutes statement to citizens as well as international community that a State will comply with standards contained in treaty — Whether ratification can give rise to legitimate expectation on part of citizens that treaty principles will be applied in administrative decision-making process — Treaties as aids to interpretation of municipal statutes — As guides to development of common law — The law of Australia