Section 51(xxvii) of the Constitution of Australia
Section 51(xxvii) of the Constitution of Australia (the immigration power) grants the Commonwealth Parliament the power to make laws with respect to "immigration and emigration." Historically, it was the principal legislative power in support of Australia's immigration scheme, which is now embodied in the Migration Act 1958 (Cth).
History
The
The plaintiffs contended that s 8A was not authorised by s 51(xxvii) of the Constitution on five grounds, three of which concerned the content of the migration power. (The other two grounds concerned
Isaacs J (Rich J agreeing) agreed that the power was wide, reciting the history of the White Australia policy from before Federation of Australia to 1923.[1]: 552–565, 578 Starke J also drew on the history of British immigration laws in adopting an expansive view of the power.[1]: 579–583 Higgins J found that the plaintiffs were not entitled to relief for procedural reasons, but expressed doubt as to whether the immigration power should be construed so widely, noting the distinction between a law with respect to immigration and one with respect to immigrants.[1]: 574
Current application
The Migration Reform Act 1992 (Cth) changed the Migration Act so that in terms, it was based on
See also
- Australian constitutional law
- Section 51 of the Constitution of Australia
- Migration Act 1958
- Immigration to Australia
- Pacific Solution
References
- ^ a b c d e R v Macfarlane; Ex parte O'Flanagan [1923] HCA 39, (1923) 32 CLR 518, High Court.
- ^ Potter v Minahan [1908] HCA 63, (1908) 7 CLR 277 at 288–289, 304–305, High Court. .
- JJ, (2001) 207 CLR 391, High Court.
- ^ a b Plaintiff S156/2013 v Minister for Immigration and Border Protection [2014] HCA 22, (2014) 254 CLR 28, High Court.