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非强制性
7.7 However, this is not a remedy required to be exhausted under the Convention, because it is highly discretionary, non-compellable, non-reviewable and unlikely to bring effective relief.
Since the author was detained, the Migration Act and Regulations have been amended to give the Minister the non-delegable and non-compellable power to
自提交人受拘留以来,《移民法及条例》已作过修改,使部长具有不可转交代理、非强制性的权力,以便:
Section 417 of the Migration Act provides the Minister with a non-delegable, non-compellable power to substitute a decision of the Refugee Review Tribunal that an applicant is not a person to whom Australia has protection obligations under the Refugees Convention with a more favourable decision if the Minister considers it in the public interest to do so.
Provide a non-compellable power for the Minister to grant a visa to a person who is in detention; and
规定司法部长有权签发被拘留的当事人签证,以及
Although it is a non-compellable and non-delegable power, where families with children are detained, the Prime Minister has indicated that decisions regarding placements under Community Detention should be made within four weeks.
The author subsequently appealed to the Minister for Immigration and Multicultural Affairs, who, under the Migration Act, has the personal, non-compellable and non-reviewable power to intervene and set aside decisions of the Refugee Review Tribunal where it is in the "public interest" to do so.
Since the complainants were detained, the Migration Act and Regulations have been amended to give the Minister the non-delegable and non-compellable power to do any of the following: grant a visa to any immigration detainee, whether the detainee has applied for it or not; detain an unlawful non-citizen in a form of community detention, referred to as a "residence determination"; or invite a detainee who cannot be removed in the foreseeable future to apply for a new class of Bridging Visa, known as a "Removal Pending Bridging Visa".
The Minister for Immigration and Citizenship now has an additional non-compellable, non-delegable power to specify alternative detention arrangements for a person and the conditions which will apply to that person's detention.
The Ombudsman's assessment of each report, including recommendations on whether the person should be released from detention, will be tabled in Parliament; (6) The provision in the Migration Act of an additional non-compellable power for the Minister for Immigration and Citizenship to specify alternative arrangements for a person's detention and conditions to apply to that person and to act personally, to grant a visa to a person in detention; and the amendment of the Migration Regulations 1994 to create a new bridging visa to enable the release of persons in immigration detention into the community whose removal from Australia is not reasonably practicable at the current time.
A Removal pending bridging visa may be granted using the Minister for Immigration and Citizenship's non-delegable, non-compellable public interest power to grant a visa to a person in immigration detention.
The Minister for Immigration and Multicultural and Indigenous Affairs now has a non-compellable, non-delegable power to specify alternative arrangements for a person's detention and the conditions that will apply to that person.
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