Judicial Review and Part 8 of the Migration Act: Necessary Reform or Overkill?

Abstract:     
This article examines one aspect of the struggle to control immigration: the conflict that has arisen between the Government and the courts over the judicial review of migration decisions. During the 1980s, the courts' scrutiny of decisions made under the Migration Act 1958 ("the Act") put migration cases at the cutting edge of administrative law jurisprudence. In September 1994, the tradition of innovation was continued with the creation of a special regime for the judicial review of migration decisions. This paper explores the forces leading to the introduction of what is now Part 8 of the Act and attempts to evaluate the merits and effectiveness of the changes made.

Number of Pages in PDF File: 38

Keywords: immigration, administrative law, judicial review, Migration Act 1958

JEL Classification: K10, K23, K30

Accepted Paper Series