In the Behrooz case, the High Court held that Commonwealth legislation providing for detention of non-citizens was within the legislative power conferred by the Australian Constitution, even if the detention possibly involved harsh or inhumane treatment of detainees. The result of this decision is that the High Court has decided that the Commonwealth has power...

Australian governments of both political persuasions have sought to reduce challenges in the courts to decisions under the Migration Act 1958. Two techniques to achieve this are considered by Jennifer Nicholson in this Research Note: the inclusion in the Migration Act of a privative clause and the codification of the requirements of procedural fairness.