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Arbitrary ministerial power under the Migration Act: permanent residents beware!


Hilkemeijer, A, Arbitrary ministerial power under the Migration Act: permanent residents beware!, Alternative Law Journal, 42, (3) pp. 221-226. ISSN 1037-969X (2017) [Refereed Article]

Copyright Statement

Copyright 2017 The Authors

DOI: doi:10.1177/1037969X17730206


Under recent amendments to the Migration Act, the Minister for Immigration and Border Protection may cancel or refuse a visa if they suspect that a person belongs to a group, other members of which they suspect are involved in criminal conduct. A visa may be cancelled without first hearing the person affected and there is only limited opportunity for judicial review: confidential police and intelligence information forming the basis of the decision may be withheld from both the person affected and the Court. The operation of this set of statutory powers diminishes the rule of law in Australia. This is demonstrated by examining the 2016 Federal Court of Australia’s decision in Roach v Minister for Immigration and Border Protection [2016] FCA 750 in light of Martin Krygier’s definition of arbitrary power.

Item Details

Item Type:Refereed Article
Keywords:Migration Act, s 501, visa cancellation or refusal, ministerial discretion, arbitrary power, mere suspicion of association with criminal conduct, undisclosed information
Research Division:Law and Legal Studies
Research Group:Public law
Research Field:Constitutional law
Objective Division:Law, Politics and Community Services
Objective Group:Justice and the law
Objective Field:Law reform
UTAS Author:Hilkemeijer, A (Ms Anja Hilkemeijer)
ID Code:121974
Year Published:2017
Deposited By:Law
Deposited On:2017-10-24
Last Modified:2018-05-17

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