High Court strikes down protection visa cap - Migration Place

On 20 June 2014, the High Court unanimously upheld two legal challenges by asylum seekers who were affected by the Immigration Minister’s decision to cap the number of protection visas able to be granted.

The legal challenge comes after the Minister attempted on 4 March of this year to cap the number of permanent protection visas able to be granted for the financial year at the number already granted at that date, effectively preventing any further visas from being granted. Ultimately, the High Court ruled that the Minister’s power to cap visas was superseded by the obligation imposed by the Migration Act to determine protection visa applications within 90 days.

This decision again highlights the importance of using an experienced migration lawyer. Migration law is one of the most complex areas of law, broadly consisting of the Migration Act, the Migration Regulations, various ministerial instruments and the immigration department’s Procedures Advice Manual. It is also one of the most highly litigated, with constant challenges various aspects.

Only a migration lawyer can advise you fully on all of your legal rights, including your rights to challenge the validity or interpretation of a law and your right to seek judicial review of a decision. Indeed, if your case goes to court, a migration lawyer can represent you through the entire process.

At The Migration Place, our migration lawyers have successfully appealed numerous decisions to the Federal Circuit Court and the Migration Review Tribunal. If you are considering challenging an immigration decision, contact our team today.