Minister for Immigration and Multicultural and Indigenous Affairs v ‘B’ (Infants)

The Minister for Immigration and Multicultural and Indigenous Affairs appealed to the High Court of Australia against a decision of the Full Federal Court concerning the immigration status of two infants, referred to as 'B' (Infants). The dispute centred on whether the Minister had a duty to consider the best interests of the children when making a decision under s 499 of the *Migration Act 1958* (Cth) to grant or refuse a bridging visa. The Full Federal Court had found that such a duty existed, and the Minister sought to overturn this finding.

The High Court was required to determine whether the *Migration Act* imposed a positive obligation on the Minister to consider the best interests of children when exercising the power to grant or refuse a bridging visa under s 499. This involved an examination of the statutory language of s 499 and its interaction with other provisions of the *Migration Act*, as well as considering the potential implications of international human rights instruments, specifically the *Convention on the Rights of the Child*, in the interpretation of Australian domestic law.

The majority of the High Court held that the *Migration Act* did not impose a duty on the Minister to consider the best interests of the children when deciding whether to grant a bridging visa under s 499. Their Honours reasoned that the language of s 499 was clear and did not contain any express or implied requirement to consider the welfare of children. While acknowledging the importance of children's best interests in many areas of law, the Court found that the specific statutory framework of the *Migration Act* did not extend to this particular power. The Court distinguished this power from others where such considerations might be mandated, emphasising that the exercise of the s 499 power was primarily concerned with the administration of the migration system and the management of immigration detention. The appeal was allowed.