Ministerial Discretion
Submission
to the Senate Select Committee on Ministerial Discretion
in Migration Matters: Inquiry into Ministerial Discretion
in Migration Matters
Submitted
August 2003
The submission offers comments to the grant of protection visas looking at the appropriateness of discretionary ministerial powers within the broader migration application, decision-making, and review and appeal processes. The use of ministerial discretion can, and has in the past, acted as a safeguard to ensure that Australia meets its non-refoulement obligation, but on the other hand the presence of ministerial discretion is not sufficient since its nature is non-compellable and non-reviewable.
Click
here for the final report tabled March 2004. (pdf
3,380Kb)
Click here for other submissions
A Sanctuary Under Review: An Examination of Australia's Refugee and Humanitarian Determination Processes
Submitted August 1999
The submission answers several questions concerning Australia’s compliance with its international obligations concerning refugees and asylum seekers, including the use of a non-compellable, non-reviewable ministerial discretion and judicial oversight of administrative processes.
Click
here for the final report into the inquiry completed
June 2000 and a list of the submissions. (pdf 1,837Kb)
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Refugee Protection in International Law