Federal Litigation and Dispute Resolution

Migration Amendment (Validation of Decisions) Bill 2017

The Bill seeks to respond to current proceedings before the High Court in Australia, in which the validity of section 503A of the Migration Act 1958 (the Act) is being challenged. As outlined in the Explanatory Memorandum to the Bill, the cases are: Te Puia v Minister for Immigration and Border Protection P58/2016 and Graham v Minister for Immigration and Border Protection M97/2016. These matters were heard on 30 March 2017 and judgement has been reserved by the High Court.

The Bill gives rise to concerns from the Law Council’s perspective. These include:

The Law Council makes the following recommendations in relation to the Bill:

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