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Report 6 - Entry to Cocos (Keeling) Islands and Christmas Island

Administrative Review Council report

Administrative law
Publication date

Entry to Cocos (Keeling) Islands and Christmas Island, 1979

Summary of the report

The report was transmitted to the Government on 2 November 1979.

The Council made identical recommendations in respect of both the Cocos (Keeling) Islands and Christmas Island. It noted that permanent residents of Australia and Australian citizens were entitled, in some situations, to seek the protection, by an appeal to the Administrative Appeals Tribunal ('AAT'), against orders for their deportation from Australia under the Migration Act 1958. It recommended that, unless further examination showed that the criteria adopted under the Migration Act were inappropriate, then for the sake of conformity, the same appeal rights should be available to Australian citizens and to foreign nationals who are permanent residents of Australia or of the Territories.

The Council recommended that: jurisdiction should be vested in the AAT in respect of certain decisions under the Immigration Ordinance; standing should be restricted to Australian or external territories' citizens or permanent residents; and, provision should be made for internal review between lodgement of application, and hearing.

Response to the report

The Council's report was not implemented. It was superseded by later government decisions concerning the legislation that was to apply to entry to the Territories.