We pay our respects to the people, the cultures and the elders past, present and emerging. Language links are at the top of the page across from the title. What you need to know. Mr Davis then applied for Ministerial intervention, asking the Minister to substitute a more favourable decision (which the Minister may do if they decide it is in the public interest to do so, under s 351 of the Migration Act). The High Court, however, came to the view that it was unnecessary to resolve this question. SYG 3328 of 2019. Our view on legal unreasonableness and non-statutory decisions. On 20 December 2017, Prime Minister Malcolm Turnbull introduced a new major portfolio responsible for national security: Home Affairs. Aboriginal and Torres Strait Islander people are advised that this website may contain images and voices of deceased people. In passages likely to be relied upon in future cases, his Honour commented that: Justice Steward, in dissent, found that there was no exercise of a relevant power by the departmental officers in refusing to make the referrals to the Minister, and as such their refusal was not amenable to review on the ground of legal unreasonableness. The Full Federal Court adopted the view expressed by Robertson J, finding that non-statutory exercises of executive power are amenable to judicial review on the basis of legal unreasonableness. The following individuals have held responsibility for customs:[6], On 24July1987(1987-07-24) the third Hawke ministry implemented a two-level ministerial structure, with distinctions drawn between senior and junior ministers. The main issue the courts will need to resolve in future cases will be in what circumstances exercises of non-statutory executive power will be amenable to judicial review on the ground of unreasonableness. He is currently the Minister for Immigration, Citizenship and Multicultural Affairs. That leave was granted, and it was this ground of appeal which the majority found was made good by Mr Davis. The Full Court found (consistent with the earlier decision of Jabbour v Secretary, Department of Home Affairs) that some non-statutory decisions made in the exercise of executive power are amenable to review on the basis of legal unreasonableness, but found that the decisions were not in fact legally unreasonable. Previously, immigration affairs were handled by the Minister for Home Affairs (19011932) and the Minister for the Interior (19321945), except that between January 1925 and January 1928 Victor Wilson and Thomas Paterson were Ministers for Markets and Migration.[4]. Since his election in 2013, Andrew served as the Shadow Assistant Minister for Schools between 2016 and 2019, before serving as the Shadow Minister for Cities and Urban . M32/2022 and S81/2022 Case Information Lower Court Judgment 23/11/2021 Federal Court of Australia (Kenny, Besanko, Griffiths, Mortimer and Charlesworth JJ) [2021] FCAFC 213 Catchwords On that day, Djokovics visa was cancelled by a delegate of the Minister for Home Affairs under s 116(1)(e)(i) of the Migration Act 1958 (Cth) (the Act). We had hoped that the High Court's decision would clarify whether non-statutory exercises of executive power are amenable to judicial review for legal unreasonableness. Minister for Immigration, Citizenship and Multicultural Affairs from 28.8.2018 to 29.5.2019. The Hon Andrew Giles MP was sworn in as the Minister for Immigration, Citizenship and Multicultural Affairs on 1 June 2022. Minister for Immigration, Citizenship and Multicultural Affairs. The Hon Andrew Giles MP Minister for Immigration, Citizenship and Multicultural Affairs The Hon Andrew Giles MP was sworn in as the Minister for Immigration, Citizenship and Multicultural Affairs on 1 June 2022. Send feedback Committee service As mentioned, we had hoped that the High Court would resolve the question of whether non-statutory discretionary decisions made in the exercise of the executive power of the Commonwealth are amenable to review on the basis of legal unreasonableness. Location: The Division of Scullin consists of part of the Whittlesea City Council. Thap a v M inister for Immigration, Citizenship , M igrant Services and M ulticultural Affairs [2021] FCCA 686 i. Assistant Defence Minister from 29.5.2019 to 22.12.2020. We acknowledge the traditional owners and custodians of country throughout Australia and acknowledge their continuing connection to land, waters and community. Constitutional law Judicial review Non-statutory executive action Sections 61 and 64 of Constitution Where s 351(1) of the Migration Act 1958 (Cth) ("Act") provided if Minister thinks it in public interest, Minister may substitute decision of Administrative Appeals Tribunal under s 349 of Act for decision more favourable to applicant Where s 351(3) and s 351(7) provided power under s 351(1) be exercised by Minister personally and Minister under no duty to consider whether to exercise power Where Minister issued guidelines in relation to power conferred by s 351 setting out circumstances in which Department of Home Affairs should refer requests Where Departmental officers concluded requests for intervention failed to satisfy criteria for referral in guidelines Whether decision of Departmental officer not to refer to request for Minister to exercise power conferred by s 351(1) amenable to judicial review Whether decision of Departmental officer affected by legal unreasonableness Whether remedies available. Prime Minister Anthony Albanese, the Minister for Home Affairs and the Minister for Immigration, Citizenship and Multicultural Affairs have today announced a new direct pathway to Australian citizenship for eligible New Zealand citizens. The Minister for Immigration, Citizenship and Multicultural Affairs is a ministerial post of the Australian Government and is currently held by Andrew Giles, pending the swearing in of the full Albanese ministry on 1 June 2022, following the Australian federal election in 2022. Junior ministers are shown below. Mr Davis sought review of the Minister's decision in the Administrative Appeals Tribunal (AAT). The High Court's decision is also a timely reminder that exercises of non-statutory executive power may be judicially reviewable, and that such powers are subject to, and may be constrained by, parliament. Delegate to the Australian Labor Party State Conference (Vic.) RT @MaryDoyleMP: Yesterday I represented the Minister for Immigration, Citizenship and Multicultural Affairs @andrewjgiles at the Hindu Chariot Festival. This is not fair for migrantworkers and it is not fair for Australian workers. Party Officer and Trustee of the Australian Labor Party (Vic.) The Hon Andrew Giles MP was sworn in as the Minister for Immigration, Citizenship and Multicultural Affairs on 1 June 2022. Novak Djokovic, a No. It was open to the Minister to conclude that Djokovic was well known to be opposed to vaccination, based on media articles in evidence and because Djokovic remained unvaccinated. Agencies should ensure that any instructions for decision-making and instruments of delegation do not require or allow officers to determine matters that can only be personally determined by the relevant Minister (or other decision-maker specified in the relevant statute). in those circumstances, the Ministerial Instruction, and the decisions of the departmental officers pursuant to the Instruction, necessarily and impermissibly involved the officers assessing the public interest in circumstances where only the Minister was entitled to make that assessment under s351. The question need not, and therefore should not, be addressed in the determination of these appeals.". Let us help you find the right answer. [2] The Hon Peter Dutton MP retained the duties of Minister for Immigration and Border Protection, with additional responsibilities awarded as the Minister for Home Affairs. In considering the lawfulness of the Ministers decision, the Court only had to consider whether the Minister was satisfied that Djokovics presence is or may be or would or might be such a risk to public health or safety for the purposes of s 116(1)(e)(i), through s 133C(3) of the Act. 22 Feb 2023 How Australia broke its migration system, and what we can do to fix it description Media release. (4) The rules of natural justice, and the procedures set out in Subdivisions E and F, do not apply to a decision under subsection (3). The Court does not consider the merits or wisdom of the decision; nor does it remake the decision. BETWEEN: SAUGAT THAPA First Applicant SHRIJU ARYAL Second Applicant. The High Court held that the decisions were invalid because they were made pursuant to Ministerial instructions which required consideration of public interest factors that, under the Migration Act, only the Minister was permitted to assess. Try refining with some different terms. s351(7) provides that the Minister does not have a duty to consider whether to exercise the power in s351(1). Minister for Immigration, Citizenship and Multicultural Affairs from 1.6.2022. The Court upheld the Ministers decision and Djokovic was deported. Assistant Minister to the Treasurer from 21.9.2015 to 19.7.2016. The minister and department have on several occasions been responsible for another portfolio in addition to immigration, such as ethnic/multicultural affairs, local government[5] or border protection. Djokovic had previously been involved in allegations that he was an anti-vaxxer a term used to refer to people who were opposed to receiving COVID-19 vaccinations. The Minister advised Mr Djokovic of that decision, and provided a ten-page statement of reasons. 12/05/2022 Determination - Davis (SLA, Canberra by video connection), 12/05/2022 Determination - DCM20 (SLA, Canberra by video connection), 30/06/2022 Written submissions (Appellant in M32/2022), 30/06/2022 Chronology (Appellant in M32/2022), 30/06/2022 Redacted written submissions (Appellant in S81/2022), 30/06/2022 Chronology (Appellant in S81/2022), 01/08/2022 Written submissions (First Respondent in M32/2022 and Attorney-General of the Commonwealth intervening), 01/08/2022 Written submissions (First Respondent in S81/2022 and Attorney-General of the Commonwealth intervening), 15/08/2022 Written submissions (Attorney-General for the State of New South Wales intervening in M32/2022), 15/08/2022 Written submissions (Attorney-General for the State of New South Wales intervening in S81/2022), 15/08/2022 Written submissions (Attorney-General for the State of South Australia intervening in M32/2022), 15/08/2022 Written submissions (Attorney-General for the State of South Australia intervening in S81/2022), 15/08/2022 Written submissions (Attorney-General for the State of Victoria intervening in M32/2022), 15/08/2022 Written submissions (Attorney-General for the State of Victoria intervening in S81/2022), 19/10/2022 Hearing (Full Court, Canberra) (Audio-visual recording), 19/10/2022 Outline of oral argument (Appellants in both matters), 19/10/2022 Outline of oral argument (First Respondents and Attorney-General of the Commonwealth intervening in both matters), 19/10/2022 Outline of oral argument (Attorney-General for the State of New South Wales intervening in M32/2022), 19/10/2022 Outline of oral argument (Attorney-General for the State of New South Wales intervening in S81/2022), 20/10/2022 Hearing (Full Court, Canberra) (Audio-visual recording), 20/10/2022 Outline of oral argument (Attorney-General for the State of South Australia intervening in both matters), 20/10/2022 Outline of oral argument (Attorney-General for the State of Victoria intervening in both matters). D Clarke, MLC from 2003 to 2007. Minister for Immigration, Citizenship and Multicultural Affairs Party Australian Labor Party Chamber House of Representatives Seating Plan Office details Connect Electorate details Electorate Office (Principal Office) 187-189 High Street Thomastown, VIC, 3074 Postal address PO Box 83 Thomastown, VIC, 3074 Telephone: (03) 9497 9783 Parliament Office from 1997. The portfolio and department were created in July 1945, during the last months of World War II. This is consistent with our ambition to build a fairer, better managed and more inclusive migration system. Anthony Albanese is ensuring the deep, strong connection between our two countries is reflected in how we treat Kiwis living in Australia.. Member of the Australian Labor Party from 1992. Assistant Minister for Finance from 20.12.2017 to 28.8.2018. Suite 8 Both the Federal Court and the Full Federal Court found for the Minister and dismissed Mr Davis' application. Legal unreasonableness and non-statutory executive power. Adviser to the Minister for Revenue and Assistant Treasurer, Senator the Hon. We acknowledge and pay respect to past and present Elders and Traditional Custodians of Country, and the continuation of cultural, spiritual and educational practices of Aboriginal and Torres Strait Islander peoples. More generally, this case reinforces the need for agencies to ensure that their delegations, authorisations and instructions to decision makers and other staff involved in managing administrative decisions are lawful. Let us help you find the right answer. Changes in 2001 made it more difficult for New Zealanders in Australia to attain citizenship. By those decisions, the Minister revoked the determinations that he (or his predecessor) had made on 24 February . Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FedCFamC2G 7 vi the Federal Court of Australia Act 1976 (Cth), that allows for the referral to a Full Court of questions that may be reserved for its consideration. Learn how we continue to sustain our national unity in cultural diversity. (3) The Minister may cancel a visa held by a person if: (a) the Minister is satisfied that a ground for cancelling the visa under section 116 exists; and. Delegate to the Australian Labor Party National Conference, 2007. Cabinet Minister from 8.10.2021 to 23.5.2022. Mr Davis' primary contention in the Federal Court was that the decisions made were unreasonable such that no reasonable decision-maker could have reached them (the Wednesbury unreasonableness test). The Department of Home Affairs acknowledges the Traditional Custodians of Country throughout Australia and their continuing connection to land, sea and community. Joint statements by the Presiding Officers, Parliamentary Friendship Groups (non-country), House of Representatives chamber and business documents, Getting involved in Parliamentary Committees, Department of the House of Representatives. Minister for International Development and the Pacific from 29.5.2019 to 22.12.2020. This is the first increase to the TSMIT in a decade. Their Honours go on to say, however, that there are limits to the characteristics that can be adopted, and importantly, they cannot encroach on the Minister's area of exclusive responsibility with respect to assessing the public interest, which is what occurred in this case. This is a fair change for New Zealanders living in Australia, and brings their rights more in line with Australians living in New Zealand. House of Representatives Standing: Privileges and Members' Interests served from 4.12.2013 to 9.5.2016; Indigenous Affairs served from 4.12.2013 to 19.10.2015; Environment served from 4.12.2013 to 19.10.2015; Infrastructure and Communications served from 26.3.2014 to 13.10.2015; Environment served as Deputy Chair from 20.10.2015 to 9.5.2016; Infrastructure, Transport and Cities served from 10.11.2015 to 9.5.2016; Infrastructure, Transport and Cities served from 15.9.2016 to 11.4.2022; Privileges and Members' Interests served from 10.10.2016 to 11.4.2019; Employment, Education and Training served from 31.5.2017 to 13.6.2017; Employment, Education and Training served from 14.6.2017 to 21.5.2018; Employment, Education and Training served from 21.5.2018 to 11.4.2019, Joint Standing: Electoral Matters served from 15.9.2016 to 1.7.2019, Joint Statutory: Public Accounts and Audit served from 18.3.2014 to 9.5.2016. The decision in Djokovic v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 3 highlights the extraordinary breadth of that power, and the very limited . This announcement will make a significant difference to the lives of people already living and working and in our communities.. House of Representatives Standing: Petitions served from 11.3.2008 to 19.7.2010; Privileges and Members' Interests served from 12.11.2013 to 22.9.2015; Education and Employment served from 4.12.2013 to 9.9.2015; Environment served as Chair from 4.12.2013 to 14.9.2015; Privileges and Members' Interests served from 26.7.2022 to present, Joint Select: Cyber-Safety served as Deputy Chair from 18.3.2010 to 24.6.2013, Joint Standing: Foreign Affairs, Defence and Trade served from 2.12.2013 to 12.10.2015; Electoral Matters served from 4.12.2013 to 14.7.2014; Electoral Matters served as Chair from 7.9.2015 to 12.10.2015, Joint Statutory: Corporations and Financial Services served from 1.8.2022 to 2.8.2022; Corporations and Financial Services served as Deputy Chair from 3.8.2022 to present. We pay our respects to all Aboriginal and Torres Strait Islander peoples, their cultures and to their elders past, present and emerging., Facebook page for Australian Department of Home Affairs, LinkedIn page for Australian Department of Home Affairs, Minister for Immigration, Citizenship and Multicultural Affairs, Previous Minister for Emergency Management and National Recovery and Resilience, Previous Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, Previous Assistant Minister for Customs, Community Safety and Multicultural Affairs, Previous Minister for Agriculture, Drought and Emergency Management, Previous Minister forImmigration, Citizenship, Migrant Services and Multicultural Affairs, Previous Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, Previous Minister for Emergency Management and North Queensland Recovery. Copyright 2006 - 2023 Law Business Research. Our migration success story is rooted in permanency and citizenship. Our online web form makes it easier to contact our Ministers. Aboriginal and Torres Strait Islander people are advised that this website may contain images and voices of deceased people. Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs from 22.12.2020 to 23.5.2022. The Department of Home Affairs was created as part of the Home Affairs Portfolio on 20 December 2017. 1 ranking mens tennis player, was issued a Class GG subclass 408 Temporary Activity visa on 18 November 2021 in order to compete in the 2022 Australian Open Tennis Championship. The following individuals served as the Assistant Minister for Multicultural Affairs, or any precedent titles:[6]. Shadow Minister Assisting for Immigration and Citizenship from 2.6.2019 to 23.5.2022. Catchwords The post was created in 1945 and its inaugural officeholder was Arthur Calwell as the Minister for Immigration. Together, these two measures announced today fulfil important election commitments to increasethe TSMIT and expand pathways to permanent residence. Minister for Immigration, Citizenship and Multicultural Affairs The Hon. However, the High Court decided the appeal on another ground and did not need to deal with this point. s351(1) provides that "if the Minister thinks that it is in the public interest to do so", the Minister may substitute a more favourable decision for one made by the Tribunal under s349. Quotes attributable to Prime Minister Albanese: Australia and New Zealand have a deep friendship, which has been forged through our history, shared values and common outlook. "there is obvious force in the view of Robertson J" in. We acknowledge the traditional owners and custodians of country throughout Australia and acknowledge their continuing connection to land, waters and community. 13 Apr 2023: Minister for Immigration, Citizenship and Multicultural Affairs v Lieu, by her Litigation Representative Nguyen [2023] FCAFC 57 . Thomastown, VIC, 3074, PO Box 83 House of Representatives Principal lawyer at Slater and Gordon from 2012 to 2013. Try refining with some different terms. Assistant Minister to the Prime Minister for Mental . In making this assessment, if upon review by the Court, the satisfaction was found to have been reached unreasonably or was not capable of having been reached on proper material or lawful grounds, it would be taken not to be a lawful satisfaction for the purpose of the statute. Ministerial appointments. It is a down payment on the type of migration system the Albanese Government wants to build. Changes in 2001 made it more difficult for New Zealanders in Australia to attain citizenship. The Albanese Government is also announcing that by the end of 2023, Temporary Skill Shortage(TSS) short stream visa holders will have a pathway to permanent residency within our existingcapped permanent program. Elected to the House of Representatives for Mitchell, New South Wales, 2007. The new $70,000 income threshold is approximately where the TSMIT should have been if it hadbeen properly indexed over the previous 10 years. AND: MINISTER FOR IMMIGRATION, CITIZENSHIP, MIGRANT SERVICES AND MULTICULTURAL AFFAIRS First Respondent ADMINISTRATIVE APPEALS TRIBUNAL . While there will, as a result of the High Court's decision, continue to be some uncertainty in relation to this point, we think that there is likely to be increasing acceptance of the view expressed in Jabbour and by the Full Court in Davis that some non-statutory decisions made in the exercise of executive power may be subject to judicial review for legal unreasonableness. We pay our respects to all Aboriginal and Torres Strait Islander peoples, their cultures and to their elders past, present and emerging., Facebook page for Australian Department of Home Affairs, LinkedIn page for Australian Department of Home Affairs, communique on the Ministerial Forum here.