DOCSLIB.ORG

Migration Act 1958

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Migration Act 1958 Migration Act 1958 No. 62, 1958 Compilation No. 144 Compilation date: 17 April 2019 Includes amendments up to: Act No. 3, 2019 Registered: 8 May 2019 This compilation is in 2 volumes Volume 1: sections 1–261K Volume 2: sections 262–507 Schedule Endnotes Each volume has its own contents This compilation includes commenced amendments made by Act No. 162, 2018 Prepared by the Office of Parliamentary Counsel, Canberra Authorised Version C2019C00181 registered 08/05/2019 About this compilation This compilation This is a compilation of the Migration Act 1958 that shows the text of the law as amended and in force on 17 April 2019 (the compilation date). The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law. Uncommenced amendments The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register (www.legislation.gov.au). The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law. Application, saving and transitional provisions for provisions and amendments If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes. Editorial changes For more information about any editorial changes made in this compilation, see the endnotes. Modifications If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law. Self-repealing provisions If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes. Authorised Version C2019C00181 registered 08/05/2019 Contents Part 1—Preliminary 1 1 Short title ........................................................................... 1 2 Commencement ................................................................. 1 3 Repeal and savings ............................................................ 1 3A Act not to apply so as to exceed Commonwealth power ................................................................................. 2 3B Compensation for acquisition of property ......................... 3 4 Object of Act ..................................................................... 4 4AA Detention of minors a last resort........................................ 4 4A Application of the Criminal Code ..................................... 4 5 Interpretation ..................................................................... 5 5AAA Non-citizen’s responsibility in relation to protection claims ............................................................. 38 5AA Meaning of unauthorised maritime arrival ..................... 39 5A Meaning of personal identifier ........................................ 41 5B When personal identifier taken not to have been provided .......................................................................... 43 5C Meaning of character concern ........................................ 44 5CA Child of a person ............................................................. 46 5CB De facto partner ............................................................... 47 5D Limiting the types of identification tests that authorised officers may carry out .................................... 48 5E Meaning of purported privative clause decision ............. 48 5F Spouse ............................................................................. 49 5G Relationships and family members .................................. 49 5H Meaning of refugee ......................................................... 50 5J Meaning of well-founded fear of persecution .................. 50 5K Membership of a particular social group consisting of family .......................................................................... 53 5L Membership of a particular social group other than family .............................................................................. 53 5LA Effective protection measures ......................................... 54 5M Particularly serious crime ................................................ 54 6 Effect of limited meaning of enter Australia etc. ............. 55 7 Act to extend to certain Territories .................................. 55 7A Effect on executive power to protect Australia’s borders ............................................................................. 55 Migration Act 1958 i Compilation No. 144 Compilation date: 17/4/19 Registered: 8/5/19 Authorised Version C2019C00181 registered 08/05/2019 8 Certain resources installations to be part of Australia .......................................................................... 56 9 Certain sea installations to be part of Australia ............... 56 9A Migration zone etc.—offshore resources activities.......... 57 10 Certain children taken to enter Australia at birth ............. 59 11 Visa applicable to 2 or more persons ............................... 59 12 Application of Part VA of the Marriage Act ................... 60 Part 2—Arrival, presence and departure of persons 61 Division 1—Immigration status 61 13 Lawful non-citizens ......................................................... 61 14 Unlawful non-citizens ..................................................... 61 15 Effect of cancellation of visa on status ............................ 61 16 Removal of immigration rights of inhabitant of Protected Zone................................................................. 61 17 Pre-cleared flights ........................................................... 62 Division 2—Power to obtain information and documents about unlawful non-citizens 63 18 Power to obtain information and documents about unlawful non-citizens ...................................................... 63 19 Scales of expenses ........................................................... 63 20 Reasonable compensation ............................................... 63 21 Failure to comply with section 18 notice ......................... 64 24 Information and documents that incriminate a person .............................................................................. 64 25 Copies of documents ....................................................... 65 26 Minister may retain documents ....................................... 65 27 Division binds the Crown ................................................ 66 Division 3—Visas for non-citizens 67 Subdivision A—General provisions about visas 67 28 Interpretation ................................................................... 67 29 Visas ................................................................................ 67 30 Kinds of visas .................................................................. 68 31 Classes of visas................................................................ 68 32 Special category visas ..................................................... 70 33 Special purpose visas....................................................... 70 34 Absorbed person visas ..................................................... 73 35 Ex-citizen visas ............................................................... 74 35A Protection visas—classes of visas ................................... 74 ii Migration Act 1958 Compilation No. 144 Compilation date: 17/4/19 Registered: 8/5/19 Authorised Version C2019C00181 registered 08/05/2019 36 Protection visas—criteria provided for by this Act ......... 75 37 Bridging visas .................................................................. 79 37A Temporary safe haven visas ............................................ 79 38 Criminal justice visas ...................................................... 80 38A Enforcement visas ........................................................... 80 38B Maritime crew visas ........................................................ 80 39 Criterion limiting number of visas ................................... 81 39A Minimum annual numbers of Protection (Class XA) visas and Refugee and Humanitarian (Class XB) visas ......................................................................... 82 40 Circumstances for granting visas ..................................... 83 41 Conditions on visas ......................................................... 83 42 Visa essential for travel ................................................... 85 43 Visa holders must usually enter at a port ......................... 86 Subdivision AA—Applications for visas 88 44 Extent of following Subdivisions .................................... 88 45 Application for visa ......................................................... 89 45AA Application for one visa taken to be an application for a different visa ........................................................... 89 45A Visa application charge ................................................... 92 45B Amount of visa application charge .................................. 92 45C Regulations about visa application charge......................
Load more

Recommended publications
  • William Yekrop (Australia) *
    A/HRC/WGAD/2018/20 Advance edited version Distr.: General 20 June 2018 Original: English Human Rights Council Working Group on Arbitrary Detention Opinions adopted by the Working Group on Arbitrary Detention at its eighty-first session, 17–26 April 2018 Opinion No. 20/2018 concerning William Yekrop (Australia) * 1. The Working Group on Arbitrary Detention was established in resolution 1991/42 of the Commission on Human Rights, which extended and clarified the Working Group’s mandate in its resolution 1997/50. Pursuant to General Assembly resolution 60/251 and Human Rights Council decision 1/102, the Council assumed the mandate of the Commission. The Council most recently extended the mandate of the Working Group for a three-year period in its resolution 33/30. 2. In accordance with its methods of work (A/HRC/36/38), on 22 December 2017 the Working Group transmitted to the Government of Australia a communication concerning William Yekrop. The Government replied to the communication on 21 February 2018. The State is a party to the International Covenant on Civil and Political Rights. 3. The Working Group regards deprivation of liberty as arbitrary in the following cases: (a) When it is clearly impossible to invoke any legal basis justifying the deprivation of liberty (as when a person is kept in detention after the completion of his or her sentence or despite an amnesty law applicable to him or her) (category I); (b) When the deprivation of liberty results from the exercise of the rights or freedoms guaranteed by articles 7, 13, 14, 18,
    [Show full text]
  • 3. Primary Decision-Making Procedures Under the Migration Act 1958 and Migration Regulations 1994
    Chapter 3. Primary Decision-Making Procedures under the Migration Act 1958 and Migration Regulations 1994 This chapter will examine decision-making procedures for primary decisions and the role of policy in the Department and the Tribunals. This chapter also includes two appendices, outlining two significant new pieces of legislation – the Migration Amendment (Character and General Visa Cancellation) Act 2014 and the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014. Part 1 – Decision-making at the primary level Visa application procedures The reasons why the Migration Act 1958 was amended with effect from 1 September 1994 to set out a detailed ‘code of procedure’ rather than relying on the common law principles of natural justice were examined in Chapter 2. The ‘code of procedure’ for making primary (Departmental) decisions1 can be found in Part 2, Division 3, Subdivision AB of the Act. Subdivision AB consists of ss 51–64 of the Act, which are entitled as follows: 51A. Exhaustive statement of natural justice hearing rule 52. Communication with Minister 54. Minister must have regard to all information in application 55. Further information may be given 56. Further information may be sought 57. Certain information must be given to applicant 58. Invitation to give further information or comments 59. Interviews 1 The Act usually refers to the ‘Minister’ as the decision maker. Subsection 496(1) provides that ‘[t]he Minister may, by writing signed by him or her, delegate to a person any of the Minister’s powers under this Act’. In practice, unless the Act specifically refers powers to the Minister personally, those powers are delegated to Departmental officers.
    [Show full text]
  • Mr IB and Mr IC V Commonwealth of Australia (Department of Home Affairs)
    Mr IB and Mr IC v Commonwealth of Australia (Department of Home Affairs) [2019] AusHRC 129 © Australian Human Rights Commission 2019. The Australian Human Rights Commission encourages the dissemination and exchange of information presented in this publication. All material presented in this publication is licensed under the Creative Commons Attribution 4.0 International Licence, with the exception of: • photographs and images; • the Commission’s logo, any branding or trademarks; • content or material provided by third parties; and • where otherwise indicated. To view a copy of this licence, visit http://creativecommons.org/licenses/by/4.0/legalcode. In essence, you are free to copy, communicate and adapt the publication, as long as you attribute the Australian Human Rights Commission and abide by the other licence terms. Please give attribution to: © Australian Human Rights Commission 2019. ISSN 1837-1183 Further information For further information about the Australian Human Rights Commission or copyright in this publication, please contact: Communications Unit Australian Human Rights Commission GPO Box 5218 SYDNEY NSW 2001 Telephone: (02) 9284 9600 Email: [email protected]. Design and layout Dancingirl Designs Printing Masterprint Pty Limited Mr IB and Mr IC v Commonwealth of Australia (Department of Home Affairs) [2019] AusHRC 129 Report into arbitrary detention Australian Human Rights Commission 2019 Contents 1 Introduction 7 2 Summary of findings and recommendations 7 3 Background 8 3.1 Mr IB 8 3.2 Mr IC 9 3.3 Current
    [Show full text]
  • Immigration Detention in Nauru
    Immigration Detention in Nauru March 2016 The Republic of Nauru, a tiny South Pacific island nation that has a total area of 21 square kilometres, is renowned for being one of the smallest countries in the world, having a devastated natural environment due to phosphate strip-mining, and operating a controversial offshore processing centre for Australia that has confined asylum seeking men, women, and children. Considered an Australian “client state” by observers, Nauru reported in 2015 that “the major source of revenue for the Government now comes from the operation of the Regional Processing Centre in Nauru.”1 Pointing to the numerous alleged abuses that have occurred to detainees on the island, a writer for the Guardian opined in October 2015 that the country had “become the symbol of the calculated cruelty, of the contradictions, and of the unsustainability of Australia’s $3bn offshore detention regime.”2 Nauru, which joined the United Nations in 1999, initially drew global attention for its migration policies when it finalised an extraterritorial cooperation deal with Australia to host an asylum seeker detention centre in 2001. This deal, which was inspired by U.S. efforts to interdict Haitian and Cuban asylum seekers in the Caribbean, was part of what later became known as Australia’s first “Pacific Solution” migrant deterrence policy, which involved intercepting and transferring asylum seekers arriving by sea—dubbed “irregular maritime arrivals” (IMAs)—to “offshore processing centres” in Nauru and Manus Island, Papua New Guinea.3 As part of this initial Pacific Solution, which lasted until 2008, the Nauru offshore processing centre was managed by the International Migration Organisation (IOM).
    [Show full text]
  • Imagereal Capture
    224 Australia’s Response to the Iraqi and Afghan Boat-People Volume 23(3) THE ‘TEMPORARY’ REFUGEES: AUSTRALIA’S LEGAL RESPONSE TO THE ARRIVAL OF IRAQI AND AFGHAN BOAT- PEOPLE HOSSEIN ESMAEILI* AND BELINDA WELLS** I. INTRODUCTION During the past year, over four thousand asylum seekers have travelled to Australia by boat, arriving without valid travel documents and seeking protection as refugees.* 1 The overwhelming majority of these new arrivals are from Iraq and Afghanistan.2 Typically, the final part of their travel to Australia has been facilitated by ‘people smugglers’ who operate from neighbouring South-East Asian countries, particularly Indonesia.3 The Australian Government has responded to these arrivals with a range of initiatives. Most controversially, it has created a two-tiered system of refugee protection: permanent protection visas are granted to those who apply for * LLB (Tehran) MA (TMU) LLM PhD (UNSW), Lecturer in Law, School of Law, University of New England. ** LLB (Adel) LLM (Lond), Lecturer in Law, School of Law, Flinders University of South Australia. The authors would like to thank the following people for their assistance during the research for this article: Robert Lachowicz, David Palmer, Tracy Ballantyne, Rohan Anderson, Stephen Wolfson, Marianne Dickie, John Eastwood, Des Hogan, Alistair Gee, Graham Thom, Shokoufeh Haghighat, Sam Berner and Michael Burnett. 1 “In 1999-00, 4 174 people arrived without authority on 75 Boats, compared with 920 on 42 Boats in 1998-9 (an increase of 354 per cent)”: Department of Immigration and Multicultural Affairs (“DIMA”), DIMA Fact Sheet 81: Unauthorised Arrivals by Air and Sea, 25 July 2000.
    [Show full text]
  • Operation Sovereign Borders
    BY HOOK OR BY CROOK AUSTRALIA'S ABUSE OF ASYLUM-SEEKERS AT SEA Amnesty International is a global movement of more than 7 million people who campaign for a world where human rights are enjoyed by all. Our vision is for every person to enjoy all the rights enshrined in the Universal Declaration of Human Rights and other international human rights standards. We are independent of any government, political ideology, economic interest or religion and are funded mainly by our membership and public donations. All rights reserved. This publication is copyright, but may be reproduced Cover photo: Photograph of the 32,000USD which crew members told Amnesty by any method without fee for advocacy, campaigning and teaching International was paid to them by Australian officials who intercepted and boarded the boat carrying 65 asylum seekers. The payment was made around purposes, but not for resale. 24 May 2015 as confirmed by eyewitnesses. The money was found in the possession of the crew when they were apprehended by the Indonesian Police. The copyright holders request that all such use be registered with © Amnesty International them for impact assessment purposes. For copying in any other circumstances, or for reuse in other publications, or for translation or adaptation, prior written permission must be obtained from the publishers, and a fee may be payable. To request permission, or for any other inquiries, please contact [email protected] © Amnesty International 2015 First published in 2015 Index: ASA 12/2576/2015 by Amnesty International Ltd Original language: English Peter Benenson House, 1 Easton Printed by Amnesty International, Street, London WC1X 0DW, UK International Secretariat, UK amnesty.org CONTENTS Executive Summary ......................................................................................................
    [Show full text]
  • The Pacific Solution Or a Pacific Nightmare?: the Difference Between Burden Shifting and Responsibility Sharing
    THE PACIFIC SOLUTION OR A PACIFIC NIGHTMARE?: THE DIFFERENCE BETWEEN BURDEN SHIFTING AND RESPONSIBILITY SHARING Dr. Savitri Taylor* I. INTRODUCTION II. THE PACIFIC SOLUTION III. OFFSHORE PROCESSING CENTERS AND STATE RESPONSIBILITY IV. PACIFIC NIGHTMARES A. Nauru B. Papua New Guinea V. INTERPRETING NIGHTMARES VI. SPREADING NIGHTMARES VII. SHARING RESPONSIBILITY VIII. CONCLUSION I. INTRODUCTION The guarantee that persons unable to enjoy human rights in their country of nationality, who seek asylum in other countries, will not be returned to the country from which they fled is a significant achievement of international efforts to validate the assertion that those rights truly are the “rights of man.” There are currently 145 states,1 including Australia, that are parties to the 1951 Convention relating to the Status of Refugees (Refugees Convention)2 and/or the 1967 Protocol relating to the Status of Refugees (Refugees Protocol).3 The prohibition on refoulement is the key provision of the Refugees Convention. Article 33(1) of the Refugees Convention provides that no state party “shall expel or return (refouler) a refugee in any manner * Senior Lecturer, School of Law, La Trobe University, Victoria 3086, Australia. 1 As of February 1, 2004. 2 July 28, 1951, 1954 Austl. T. S. No. 5 (entered into force for Australia and generally on April 22, 1954). 3 January 31, 1967, 1973 Austl. T. S. No. 37 (entered into force generally on October 4, 1967, and for Australia on December 13, 1973). 2 ASIAN-PACIFIC LAW & POLICY JOURNAL; Vol. 6, Issue 1 (Winter
    [Show full text]
  • Opinion No. 74/2018 Concerning Ahmad Shalikhan (Australia) *
    A/HRC/WGAD/2018/74 Advance Edited Version Distr.: General 10 January 2018 Original: English Human Rights Council Working Group on Arbitrary Detention Opinions adopted by the Working Group on Arbitrary Detention at its eighty-third session, 19–23 November 2018 Opinion No. 74/2018 concerning Ahmad Shalikhan (Australia) * 1. The Working Group on Arbitrary Detention was established in resolution 1991/42 of the Commission on Human Rights. In its resolution 1997/50, the Commission extended and clarified the mandate of the Working Group. Pursuant to General Assembly resolution 60/251 and Human Rights Council decision 1/102, the Council assumed the mandate of the Commission. The Council most recently extended the mandate of the Working Group for a three-year period in its resolution 33/30. 2. In accordance with its methods of work (A/HRC/36/38), on 30 July 2018 the Working Group transmitted to the Government of Australia a communication concerning Ahmad Shalikhan. The Government replied to the communication on 28 September 2018. The State is a party to the International Covenant on Civil and Political Rights. 3. The Working Group regards deprivation of liberty as arbitrary in the following cases: (a) When it is clearly impossible to invoke any legal basis justifying the deprivation of liberty (as when a person is kept in detention after the completion of his or her sentence or despite an amnesty law applicable to him or her) (category I); (b) When the deprivation of liberty results from the exercise of the rights or freedoms guaranteed by articles
    [Show full text]
  • A Human Rights Perspective on the Tampa Incident
    Washington International Law Journal Volume 12 Number 1 Symposium: Australia's Tampa Incident: The Convergence of International and Domestic Refugee and Maritime Law 1-1-2003 Trading in Human Misery: A Human Rights Perspective on the Tampa Incident Irene Khan Follow this and additional works at: https://digitalcommons.law.uw.edu/wilj Part of the Comparative and Foreign Law Commons, and the Immigration Law Commons Recommended Citation Irene Khan, Trading in Human Misery: A Human Rights Perspective on the Tampa Incident, 12 Pac. Rim L & Pol'y J. 9 (2003). Available at: https://digitalcommons.law.uw.edu/wilj/vol12/iss1/4 This Article is brought to you for free and open access by the Law Reviews and Journals at UW Law Digital Commons. It has been accepted for inclusion in Washington International Law Journal by an authorized editor of UW Law Digital Commons. For more information, please contact [email protected]. Copyright 0 2003 Pacific Rim Law & Policy Journal Association TRADING IN HUMAN MISERY: A HUMAN RIGHTS PERSPECTIVE ON THE TAMPA INCIDENT t Irene Khan Three years ago, while working for the United Nations High Commissioner for Refugees, I witnessed hundreds of tired children, women, and men from Kosovo who spent the night in the open, at Blace, in freezing cold weather. They had been refused entry into Macedonia the night before, ostensibly because their sheer numbers constituted a threat to national security. I later learned that among those pushed back was a well-known political dissident, who was later shot dead by the Serbs on his return. In December 2001, as Secretary General of Amnesty International, I visited the Jalozai camp in Pakistan, where I met an Afghan woman named Zainab.
    [Show full text]
  • The Pacific Solution As Australia's Policy
    THE 3AC,F,C SOL8TI21 AS A8STRA/,A‘S P2/,CY TOWARDS ASYLUM SEEKER AND IRREGULAR MARITIME ARRIVALS (IMAS) IN THE JOHN HOWARD ERA Hardi Alunaza SD1, Ireng Maulana2 and Adityo Darmawan Sudagung3 1Faculty of Social and Political Sciences, Universitas Tanjungpura Email: [email protected] 2 Political Sciences Iowa State University Email: [email protected] 3International Relations Department Universitas Tanjungpura Email: [email protected] ABSTRACT This research is attempted to answer the question of why John Howard used the Pacific Solution as Australian policy towards Asylum Seekers and Irregular Maritime Arrivals (IMAS). By using the descriptive method with a qualitative approach, the researchers took a specific interest in decision-making theory and sovereignty concept to analyze the phenomena. The policy governing the authority of the Australian Government in the face of the Asylum Seeker by applying multiple strategies to suppress and deter IMAs. The results of this research indicate that John Howard used Pacific Solution with emphasis on three important aspects. First, eliminating migration zone in Australia. Second, building cooperation with third countries in the South Pacific, namely Nauru and Papua New Guinea in shaping the center of IMAs defense. On the other hand, Howard also made some amendments to the Migration Act by reducing the rights of refugees. Immigrants who are seen as a factor of progress and development of the State Australia turned into a new dimension that threatens economic development, security, and socio-cultural. Keywords: Pacific Solution; asylum seeker; Irregular Maritime Arrivals ABSTRAK Tulisan ini disajikan untuk menjawab pertanyaan mengapa John Howard menggunakan The Pacific Solution sebagai kebijakan Australia terhadap Asylum Seeker dan Irregular Maritime Arrivals (IMAs).
    [Show full text]
  • Offshore Processing of Asylum Seekers – Is Australia Complying with Its International Legal Obligations? Lisa Jane Archbold*
    QUT Law Review ISSN: (Print) 2205-0507 (Online) 2201-7275 Volume 15, Issue 1, pp 137-158. DOI: 10.5204/qutlr.v15i1.579 OFFSHORE PROCESSING OF ASYLUM SEEKERS – IS AUSTRALIA COMPLYING WITH ITS INTERNATIONAL LEGAL OBLIGATIONS? * LISA JANE ARCHBOLD Australia has a number of international legal obligations in relation to asylum seekers and refugees. In the scheme of things, the number of asylum seekers and refugees who attempt to reach Australia by sea without a valid visa is relatively small. Since 2012, Australia has restored its legal framework of processing asylum seekers and refugees who arrive by sea offshore in Papua New Guinea and Nauru. There are a number of concerns with the treatment of asylum seekers and refugees at these offshore processing centres, highlighting concerns Australia is not complying with its international legal obligations. The primary justification of the current policies has been that a strong deterrent is required to deter the people-smuggling trade. However, the deterrent justification lacks evidence to support it, and is unable to justify breaches of some of the most fundamental obligations owed to refugees and asylum seekers. I INTRODUCTION Australia has a number of international legal obligations in relation to asylum seekers and refugees. These arise from the 1951 Convention Relating to the Status of Refugees and the 1967 Protocol Relating to the Status of Refugees (collectively, ‘the Refugees Convention’),1 and other human rights treaties.2 Australia also has an obligation to implement the key objects and purposes behind the Refugees Convention in good faith; these are the protection of refugees seeking asylum, and the assurance of fundamental rights and freedoms for refugees without discrimination or penalty.3 Australia’s current practice of processing asylum seekers offshore raises some important issues.
    [Show full text]
  • Appellant M38 2002.Rtf
    FEDERAL COURT OF AUSTRALIA M38/2002 v Minister for Immigration & Multicultural & Indigenous Affairs [2003] FCAFC 131 MIGRATION – appeal against summary dismissal of application for an injunction to restrain Minister for Immigration & Multicultural & Indigenous Affairs from returning appellant to Iran – unlawful non-citizen in detention – administrative review avenues exhausted – assumed fact that appellant unwilling to return to Iran owing to a well-founded fear of persecution in Iran – assumed fact that appellant’s life or liberty would be threatened for ‘Convention reasons’ if returned to Iran – whether s 198(6) of the Migration Act 1958 (Cth) authorised the Minister for Immigration & Multicultural & Indigenous Affairs to return appellant to Iran – scope of the duty imposed by s 198(6) of the Migration Act 1958 (Cth) – meaning of “reasonably practicable” – whether duty imposed by s 198(6) of the Migration Act 1958 (Cth) constrained by Australia’s non-refoulement obligations under the Status of Refugees Convention and the Torture Convention – jurisdiction to review performance of duty pursuant to s 198(6) of the Migration Act 1958 (Cth). WORDS AND PHRASES – “reasonably practicable” Migration Act 1958 (Cth), ss 4, 5(1), 5(9), 29, 48B, 65, 196, 198(6), 417, 474, 476 Judiciary Act 1903 (Cth), s 39B Federal Court of Australia Act 1976 (Cth), ss 19(1), 23 Administrative Decisions (Judicial Review) Act 1977 (Cth), 3(1), Sch 1, par (da) Federal Court Rules, O 20 r 2 Migration Regulations 1994 (Cth) , Sch 2, reg 1.06, 785.211, 785.221, 785.222
    [Show full text]