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Joint Standing Committee Migration

Migration Legislation Amendment Bill (No. 2) 2000

Terms of reference

The Joint Standing Committee on Migration has been asked by the Minister for Immigration and Multicultural Affairs, the Hon Philip Ruddock MP, to consider and report on the Migration Legislation Amendment Bill (No 2) 2000. The Committee is required to report by 8 June 2000.

The Migration Legislation Amendment Bill (No. 2) 2000 ("the Bill") was introduced into the House of Representatives on Tuesday 14 March 2000. The Bill amends the Migration Act 1958 ("the Act") to:

  1. give effect to the Government's policy intention of restricting access to judicial review in visa related matters in all but exceptional circumstances by prohibiting class actions in migration litigation and limiting those persons who may commence and continue proceedings in the courts;

  2. clarify the scope of the Minister's power under section 501A to set aside a non-adverse section 501 decision of the delegate or the Administrative Appeals Tribunal and substitute his or her own adverse decision; and

  3. rectify an omission in subsection 140(1) and paragraph 140(2)(a), which allow for the consequential cancellation of visas, so that they also apply where a person's visa is cancelled under section 128.

The Bill also amends the Migration Legislation Amendment Act (No. 1) 1998 and the Migration Legislation Amendment (Migration Agents) Act 1999 to correct a number of misdescribed amendments of the Act.

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