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

Sydney Law Review, Vol. 18, No. 3, pp. 267-303, 1996

Sydney Law School Research Paper No. 09/62

38 Pages Posted: 24 Jun 2009  

Mary Elizabeth Crock

The University of Sydney Law School

Date Written: June, 23 2009

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.

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

JEL Classification: K10, K23, K30

Suggested Citation

Crock, Mary Elizabeth, Judicial Review and Part 8 of the Migration Act: Necessary Reform or Overkill? (June, 23 2009). Sydney Law Review, Vol. 18, No. 3, pp. 267-303, 1996; Sydney Law School Research Paper No. 09/62. Available at SSRN: https://ssrn.com/abstract=1424785

Mary Elizabeth Crock (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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