The law,immigration and human rights: changing the Australian immigration control system

This paper examines the structure of the present system of immigration control in Australia in the context of its origin, evolution, and responses to current human rights and anti-discrimination standards. The system has serious shortcomings because it confers broad discredionary powers on immigration officals and provides no comprehensive system of judical review. Since the 1970s the system has been gradually losing its legitimacy and has become a subject of challenges by various groups; its efficiency has been undermined and it breeds social conflict and systematic human rights violations. The 1958 Migration Act contains a level of discretion unknown in other "machinery" legislation, conferring a wide range of discretionay power on 1) the minister, 2) authorized officers, 3) officers, and 4) prescribed authorities. The current review system, in response to political pressure and in the context of administrative law reforms, provides for limited access to judicial review under the Administrative Decisions Act of 1977. The ethnic gains of the 1970s were achieved when Australian society was going through a period of profound liberal changes. The 1980s have brought continuing high unemployment and high inflation rates, a large budget deficit and associated restraints in government expenditure, as well as a substantial cut in the immigrant intake after the Labor Victory of March, 1983. Overall, an entirely new immigration control system should be developed that will aim at providing a better balance between stability, predictability, and fairness of the system on the one hand, and the need for government to maintain its ability to adapt its program to fluctuations in economic and social conditions both within and outside Australia on the other hand.