Inquiry into the Provisions of the Migration Amendment (Judicial Review) Bill 2004

Inquiry into the Provisions of the Migration Amendment (Judicial Review) Bill 2004

17 June 2004

© Commonwealth of Australia 2004

ISBN 0 642 71403 7

Download this report as a single file - (PDF format - 274 Kb)

Download this report as individual sections:

Members of the legislation committee (PDF format - 87 Kb) (HTML format)
Abbreviations (PDF format - 77 Kb) (HTML format)
Chapter 1 - Introduction (PDF format - 114 Kb) (HTML format)

Reasons for inquiry
Purpose of the Bill
Conduct of this inquiry
Note of references

Chapter 2 - Background to the bill (PDF format - 142 Kb) (HTML format)

Background to present privative clause provisions
Significant provisions of the Bill
New definition of 'privative clause decision'
New time limits
Deemed vs actual notification

Chapter 3 - Key issues (PDF format - 222 Kb) (HTML format)

Need for legislative amendment
Objectives of the Bill
How will the objectives of the Bill be achieved
Arguments against the Bill
Likely effect on the High Court
Is the Bill premature?
The Committee's view
The Bill undermines the doctrine of the separation of powers
Constitutional validity of provisions in the Bill
Redefinition of 'privative clause decision'
The Committee's view
Time limits for seeking judicial review of decisions
Constitutional validity of setting time limits for applications to the High Court
The Committee's view
Deemed as opposed to actual notification of decisions
The Committee's view
Restriction on judicial review of primary decisions
The Committee's view
Do the provisions of the Bill discriminate between asylum seekers and other migration applicants in relation to their appeal rights?
Possible breach of United Nations conventions
The Committee's view
Alternatives to the Bill
The Committee's view

Additional comments (PDF format - 112 Kb) (HTML format)
Labor Senators
Dissenting Report (PDF format - 89 Kb) (HTML format)
Australian Democrats
Appendix 1 (PDF format - 78 Kb) (HTML format)
Organisations and individuals that provided the committee with submissions
Appendix 2 (PDF format - 77 Kb) (HTML format)
Witnesses who appeared before the committee