The High Court of Australia finds the Immigration Minister does not have the power to limit the number of protection visas

On Friday, the High Court of Australia held that the Immigration Minister did not have the power to limit the number of protection visas granted to refugees in Australia (Plaintiff S297-2013 v Minister for Immigration and Border Protection [2014] HCA 24 (20 June 2014 and  Plaintiff M150 of 2013 v Minister for Immigration and Border Protection [2014] HCA 25 (20 June 2014))

Since late 2013, the Immigration Minister had capped the number of protection visas available for those found to be refugees in Australia.  The quota was set at 2,773 for 2013–14 and 2750 for 2014–15.

In brief, the court found that the Minister’s declaration capping the number of protection visas went beyond his powers under the Migration Act.  Chief Justice French noted that the Act should not be construed in a manner that is inconsistent with the discharge of Australia’s international obligations, unless the text of those provisions plainly requires such a construction (which was not the case here).