Constraining Executive Discretion in the ‘Public Interest’ - What Two Recent High Court Cases Show About Immigration Law and Judicial Review in Australia
O'Sullivan, Maria
Author
aut
Text
xx#
2023
Verfassungsblog
2023-07-05
eng
The use of highly-discretionary executive powers to make immigration decisions has given rise to debate in Australia and internationally. In Australia, the problem is particularly acute because a number of provisions in the Migration Act 1958 (Cth) (the Migration Act) allow the Minister for Immigration (the Minister) to intervene in visa decisions on ‘public interest’ grounds. These intervention powers are controversial as they are personal to the Minister, non-reviewable and non-compellable. As a result, they have been subject to criticism by both civil society and academics. In addition to these intervention provisions, other sections in the Migration Act include a broad and subjective ‘national interest’ criterion for the grant or refusal of certain visa decisions. These two sets of powers were recently adjudicated in a series of High Court cases in Australia.
CC BY-SA 4.0
O'Sullivan, Maria
executive powers
migration law
342
https://verfassungsblog.de/constraining-executive-discretion-in-the-public-interest/
Verfassungsblog
2366-7044
Max Steinbeis Verfassungsblog gGmbH
10.17176/20230705-231109-0
230705
10.17176/20230705-231109-0
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