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The Guardian - AU
The Guardian - AU
National
Paul Karp Chief political correspondent

High court ruling casts doubt on hundreds of Australian visa refusals

Parliament House is seen next to the High Court building on the shore of Lake Burley Griffin in Canberra
A majority of the high court has ruled that departmental officials cannot prevent visa appeals being made because the Migration Act gives the immigration minister the power to decide ‘personally’. Photograph: Lukas Coch/AAP

Hundreds of visa decisions have been thrown into question by a high court ruling that the government cannot “circumvent” the law by setting policies limiting which cases will be considered by the minister.

On Wednesday, a majority of the high court ruled in favour of two appellants who were unable to have their visa refusals overturned due to a home affairs department policy stating the immigration minister would not consider personal intervention unless the department believed that there were “unique or exceptional circumstances”.

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