Budapest Post

Cum Deo pro Patria et Libertate
Budapest, Europe and world news

The Djokovic shambles highlights what refugees have long known – Australia’s ‘God powers’ are dangerously broad

The Djokovic shambles highlights what refugees have long known – Australia’s ‘God powers’ are dangerously broad

Too much discretionary, unreviewable power has been allowed to be concentrated in the hands of the immigration minister
Australia has some of the strictest border laws in the world. The immigration minister has some of the broadest, and least reviewable, powers of any of his global equivalents. The shambolic Djokovic affair has confronted Australians with the true extent of those powers, and many are bewildered.

Discretionary powers under the Migration Act enable the minister to cancel a visa – in some circumstances without affording due process – because, a “person’s past and present general conduct” suggests “the person is not of good character”; because “there is a risk that” the person’s presence represents “a danger to the Australian community … in any … way”; or because the person “might be … a risk to the health, safety or good order of the Australian community.”

The merely contingent and speculative quality of the assessments that can trigger the minister’s cancellation powers were highlighted in the Djovokic case. The minister did not have to consider whether Djovokic’s presence in Australia would in fact encourage anti-vaccination sentiment. It was enough that he be satisfied that it “might”.

Considered in the context of the other provisions – which allow the minister to cancel a visa because of reasons including being suspected of, or posing a risk of committing, various types of criminal activity; providing incorrect or untrue information; or contravening a visa condition – there is no clear justification for the breadth of these powers.

The problem is more acute because these drastic powers ultimately rest on the subjective state of mind of one person, with severely limited grounds of review by the courts. Leaving aside the Djokovic case, it may be asked, could one have their visa cancelled because the minister disagrees with their religious or political opinions? As the Australian Lawyers Alliance pointed out this week, the extraordinary powers “could see other high-profile visitors to Australia refused entry in an attempt to suppress alternate views.”

These considerations lead the UN Special Rapporteur on the Human Rights of Migrants to say that the powers granted under the Act could “risk a politicised and biased use of controls, and be in violation of the principles of legality”, because they were not matched with “the appropriate level of oversight to the country’s judiciary”. As the president of Liberty Victoria observed in the wake of Djokovic’s expulsion: “One danger of largely unfettered discretions, or ‘God powers’, is that decision making just becomes political and populist … eroding the integrity of the executive and the rule of law.”

Remarkably, the minister may overrule a contrary decision of the administrative appeals tribunal, while the minister’s decision is subject to severely limited review by the courts. There must be proof that the minister’s decision was infected by an error of law to overturn it – a notoriously difficult task, as Djokovic discovered.

Many refugees and asylum seekers have felt the full force of these powers over the years – finding themselves denied access to Australia – for reasons much less compassionate, in circumstances much more inhumane, and with consequences more drastic, than Djokovic.

Djokovic’s standing, resources and mouthpiece kept him on the front pages for a week. But what of those who don’t have those advantages, or Djokovic’s money and support?

What of the refugees and asylum seekers, fleeing genocide, war and violence, only to be detained once they arrive in Australia, possibly indefinitely, in cruel and hopeless conditions, with lengthy court delays and limited access to legal representation? Just think of those still at the Park hotel, essentially forgotten until Djokovic briefly shared their confinement.

Djokovic’s case was dealt with from start to finish in less than a week. Many refugees and asylum seekers wait months, if not years. Djokovic was allowed to leave detention while his case was pending, despite its brevity. Many refugees and asylum seekers remain locked up for much of the process. Djokovic had swift and consistent access to high quality lawyers and was allowed to meet them face-to-face. Many refugees and asylum seekers struggle to find representation and rarely meet their lawyers face-to-face. Djokovic commanded news feeds for weeks (and still does). Most of those in detention languish unnoticed.

For decades, Australians have tolerated – even encouraged – policy choices about immigration controls that favour real or imagined concerns about security over humanitarian principles.

The sorry saga of Djokovic’s visa is a vivid demonstration – if more be needed – that we have allowed too much discretionary, and essentially unreviewable, power to be concentrated in the hands of one person.

As John Adams observed, “Power must never be trusted without a check.”
AI Disclaimer: An advanced artificial intelligence (AI) system generated the content of this page on its own. This innovative technology conducts extensive research from a variety of reliable sources, performs rigorous fact-checking and verification, cleans up and balances biased or manipulated content, and presents a minimal factual summary that is just enough yet essential for you to function as an informed and educated citizen. Please keep in mind, however, that this system is an evolving technology, and as a result, the article may contain accidental inaccuracies or errors. We urge you to help us improve our site by reporting any inaccuracies you find using the "Contact Us" link at the bottom of this page. Your helpful feedback helps us improve our system and deliver more precise content. When you find an article of interest here, please look for the full and extensive coverage of this topic in traditional news sources, as they are written by professional journalists that we try to support, not replace. We appreciate your understanding and assistance.
Newsletter

Related Articles

0:00
0:00
Close
Miliband Sets Climate and International Law at Centre of UK Diplomacy
Czech Central Bank Governor Rejects Early Euro Entry and Rate-Cut Pressure
Trump Readies New Tariffs as Temporary Global Levy Nears Expiry
Vivienne Westwood Casts Cicciolina, 74, in Its New Autumn Campaign
Dejavu: Germany’s Military Expansion Reshapes Europe’s Strategic Balance With France
Morgan Stanley Builds a Wall Street Lead in AI Infrastructure Finance
High Prices Push Coffee Drinkers Toward Whole Beans and Home Brewing
Trump Draws Boos and Podium Scrutiny at Spain’s World Cup Triumph
Brilliant move: Péter Magyar Moves to Nominate Chess Grandmaster Judit Polgár as Hungary’s President
Spain Defeats Argentina in Extra Time to Win Second World Cup
Current AI Seeks to Build an Open Global AI Infrastructure Outside Big Tech Control
Germany’s Economic Malaise Reopens the Sunday Shopping Debate
Proposed U.S.-Saudi Nuclear Pact Could Permit Limited Uranium Enrichment Under International Safeguards
Netherlands Declares Water Shortage Emergency After Drought Pushes Rivers to Historic Lows
Why Kentucky Fried Chicken Became KFC—and Why the False Explanations Persist
Ukrainian Drones Strike Wildberries Warehouses Deep Inside Russia
Reported CIA Mission Helped Clear the UAE’s Path to Advanced US AI Chips
Artificial Intelligence Capital Fuels Markets While Governments and Regulators Face Mounting Strategic Tests
China’s Moonshot’s Kimi K3 Narrows the Gap With Anthropic Through Scale, Openness and Lower Cost
The Ledger Will Not Trust on Faith
Trump Administration Pressures Banks to Restrict Financial Access for Undocumented Immigrants
Passenger Bound for Germany Refused to Sit Beside a Woman on a Plane — Then Slapped a Flight Attendant
Ukraine’s Leadership Rift Spills Into the Streets as Protesters Target Army Chief
Ukrainian Drone Barrage Kills Eight and Strikes Russian Logistics Network
The Ten World Cup Finals That Defined Football History
Smartphones Are Getting More Expensive, Sales Are Collapsing, and Even Apple Admits: "Prices Will Rise"
The Monaco Bombing Has Become a Test of Ukraine’s Intelligence Accountability
Leadership Change and Strategic Rivalry Redraw the Political Map
The AI Race Enters Its Infrastructure Era
Britain Nationalises British Steel to Protect Scunthorpe Production and Strategic Supply
French National Assembly Overrides Senate to Pass Historic Assisted-Dying Legislation
Spanish Prime Minister's Wife Ordered to Stand Trial as Corruption Probes Encircle Governing Party
Zelensky Faces Kyiv Protests Over Ousting of Dynamic Ukrainian Defense Minister
Thomas Tuchel Faces Fierce Backlash After Tactical Retreat Costs England World Cup Final Berth
A Quiet Bastille Day: France Grapples with World Cup Heartbreak and Leftover Fireworks
Spain in Ecstasy: "We Feel Unbeatable, We Taught the Whole World a Lesson"
Spain and UK Dismantle Gibraltar Border Following Landmark Schengen Integration Treaty
Hungary's "Puppet" President to Be Ousted, Orbán Fumes: "Democracy Is Dead"
Forget Tinder: The Surprising Platform Where People Find Love
Harvard Astrophysicist to Lead U.S. Scientific Advisory on Unidentified Aerial Phenomena
Emergency Sirens Activated Across Bahrain as Interior Ministry Issues Shelter Directives
World Cup Visitors Turn American Big-Box Stores Into Souvenir Stops
Netflix Weighs Always-On Channels, Bundles and Short-Form Video
Passenger Is Pulled Partly Outside Ryanair Jet After Window Fails Mid-Flight
The AI Invoice Shock: Layoffs Didn't Save Managers Money — They Cost Them More
Concern: Sexually Transmitted Bacterium Among Men Develops Antibiotic Resistance
Passenger Partially Pulled Out of Ryanair Jet After Cabin Window Fails Mid-Flight
Severe Heatwave Drives Dangerous Ground-Level Ozone Pollution Across Two Thirds of European Union
The Physical and Electronic Barriers Disrupting Domestic Wireless Networks
France and Morocco Open World Cup Quarter-Finals as Collina Defends Refereeing
×