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

17 June 2004

ISBN 0 642 71403 7

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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)
Background Reasons for inquiry Purpose of the Bill Conduct of this inquiry Acknowledgement 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