Regional processing of asylum seekers, democratic accountability and statutory interpretation

Wide-ranging executive discretionary power has been a longstanding feature of Australian migration law. Despite concerns about such power raising the possibility and perception of unequal treatment and corruption, and recommendations for reform, the scope of ministerial discretion in the Migration Act 1958 (Cth) ('Migration Act') has progressively expanded; exponentially so in recent years. A 2017 report by Liberty Victoria's Rights Action Project noted that the Immigration Minister 'now possesses at least 20 individual, non-delegable, non-reviewable and non-compellable discretionary powers', and is 'granted the most personal discretion of any minister by an overwhelming margin'.