Recent amendments to the Migration Act 1958 (Cth) – Constitutional analysis of section 76AAA

17/09/2025

Wednesday, 08 October – Online via Zoom, 5-6pm

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. By allowing a bridging (Removal Pending) visa to cease automatically once a non-citizen gains even conditional “permission” to enter a third country, s 76AAA triggers a statutory pipeline to mandatory, potentially indefinite detention under ss 189 and 196.   This CPD will consider questions relating to procedural fairness, the principle of legality, and the constitutional separation of judicial power in respect of the Commonwealth Government’s new scheme.   Chaired by Chris Honnery, 6 St James Hall Chambers.

CPD Category: Substantive Law, Practice and Procedure, and Evidence

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

To register for this CPD, please click here. This CPD will be run by registration only. Numbers are limited.

Please provide any written questions in advance to cpd@nswbar.asn.au.