Migration Amendment (Clarification of Jurisdiction) Bill 2018
1 May 2018
On 18 April 2018, the Law Council provided a submission to the Senate Legal and Constitutional Affairs Legislation Committee in relation to its inquiry into the Migration Amendment (Clarification of Jurisdiction) Bill 2018.
The Bill seeks to clarify the allocation of jurisdiction between the Federal Circuit Court and the Federal Court in relation to the judicial review of certain migration decisions.
In its submission, the Law Council voiced its concern with reform measures that have the effect of further limiting the original jurisdiction of the Federal Court, and more broadly noted that the Bill does little to address the overall complexity and inaccessibility of the judicial review scheme contained within in the Migration Act.
The Law Council used the submission to call for a review of the legislative approach to judicial review of migration decisions, with the view to addressing current levels of complexity and uncertainty.