Notice, Nullity and No Natural Justice: The Constitutional Precariousness of Section 76AAA

Associate Professor Dr Jason Donnelly, Latham Chambers, will explore recent amendments to the Migration Act 1958 (Cth) – in particular ss 76AAA, 189, 196 and 198AHB – that are creating an architecture that is fundamentally incompatible with Australian administrative-law values. By allowing a Bridging (Removal Pending) visa to cease automatically once a non-citizen gains even conditional “permission” to enter a third country, and by expressly excluding the rules of natural justice, s 76AAA triggers a statutory pipeline to mandatory, potentially indefinite detention under ss 189 and 196.

Section 198AHB simultaneously empowers the Commonwealth to support opaque third-country reception arrangements with minimal scrutiny. The CPD demonstrates that the scheme undermines procedural fairness, violates the principle of legality, strains the constitutional separation of judicial power, and positions Australia as an international outlier. It concludes with a suite of legislative and doctrinal reforms designed to restore fairness, legality and human dignity.

Chaired by Chris Honnery, 6 St James Hall Chambers.

Please note: Only NSW barristers or members of the NSW Bar Association can register for CPDs or webinars.