The New Ministerial Intervention Regime Post-Davis

Lester Ong02 Jan, 2026Legal

On 12 April 2023, the High Court of Australia in Davis v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs; DCM20 v Secretary of the Department of Home Affairs [2023] HCA 10 held that the Minister’s Guidelines for dealing with intervention requests under s 351 of the Migration Act 1958 (Cth) (Act) was beyond the executive power of the Commonwealth.