MIAC v SZJGV & Anor; MIAC v SZJXO & Anor

The High Court of Australia considered appeals from decisions of the Federal Court of Australia concerning the interpretation of the *Migration Act 1958* (Cth) and the *Administrative Decisions (Judicial Review) Act 1977* (Cth). The appeals involved two separate matters, MIAC v SZJGV & Anor and MIAC v SZJXO & Anor, brought by the Minister for Immigration and Citizenship (MIAC) against individuals who had sought judicial review of decisions made under the *Migration Act*.

The central legal issue before the High Court was whether the Federal Court had erred in finding that certain decisions made by the Minister were reviewable under the *Administrative Decisions (Judicial Review) Act*. Specifically, the court had to determine whether the decisions in question fell within the exceptions to the general rule that decisions under the *Migration Act* are not subject to review under the *Administrative Decisions (Judicial Review) Act*. This involved an examination of the scope of the exceptions, particularly those relating to decisions that are not made under a non-compellable power or that are not of a prescribed administrative character.

The High Court reasoned that the *Migration Act* contains a comprehensive code for the review of migration decisions, and that the *Administrative Decisions (Judicial Review) Act* is intended to supplement, not supplant, that code. The court held that the decisions in question were made under powers conferred by the *Migration Act* and were of a prescribed administrative character, thus falling within the exceptions to the general rule of non-reviewability under the *Administrative Decisions (Judicial Review) Act*. The court applied the principles of statutory interpretation, giving primacy to the specific provisions of the *Migration Act* while also considering the broad purpose of the *Administrative Decisions (Judicial Review) Act*.

The appeals were dismissed, with the High Court affirming the Federal Court's jurisdiction to review the decisions in question.