Liberty Victoria’s Rights Advocacy Project have released a report detailing the explosion in personal, discretionary, non-reviewable powers of the Minister for Immigration.
This report argues that the Minister for Immigration and Border Protection has too much power.
Many of the powers under the Migration Act, ASIO Act and Maritime Powers Act significantly affect the lives of people seeking asylum, yet they are discretionary, non-delegable, non-compellable and not subject to the rules of natural justice. When the Minister exercises these personal powers, the Minister’s decision is often either difficult or impossible to review. The breadth of the Minister’s discretionary powers creates a real risk that unfair decisions will be made, yet the limited (or lack of) review options mean that there is no avenue for correcting mistakes.