Conclusion

14.83  A number of migration laws encroach on the duty to afford procedural fairness. The ALRC concludes that some of these laws would benefit from further review to consider whether they unjustifiably exclude the duty to afford procedural fairness, given the gravity of the consequences for those affected by the relevant decision. Migration laws that might be further scrutinised include those in the Migration Act relating to:

  • the mandatory cancellation of visas; and

  • the fast track review process for decisions to refuse protection visas.