The 2003 High Court year commenced with the delivery of judgment in two cases heard together the previous September, each involving challenges to the privative clause which was inserted in the Migration Act 1958 (Cth) by the Migration Legislation Amendment (Judicial Review) Act 2001 (Cth). The important judgments appear in Plaintiff S157/2002 v Commonwealth. In the following week the Court handed down judgment in the matter of Ex parte Lam in which five members of the Court reconsidered the doctrine of "legitimate expectation" and indicated a willingness to revisit some aspects of Minister for Immigration and Ethnic Affairs v Teoh. If the tenor of Ex parte Lam was restraint, a more expansive view of procedural fairness was reflected in Dranichnikov v Minister for Immigration and Multicultural Affairs, a judgment handed down some three months later.
Constitutional Law | Public Law and Legal Theory
Date of this Version
John Basten, "Judicial Review under Section 75(v)" (November 2011). University of New South Wales Faculty of Law Research Series 2011. Working Paper 59.