The federal courts’ approach to statutory interpretation is briefly outlined and its history is traced. The possible impact of that approach on the legislature and executive is examined. This is followed by an exploration of various responses available to them. 

As the role of the privative clause in the Migration Act is integral to this discussion, many of the decisions cited are migration decisions but related decisions from federal and state courts are discussed. 

Sue Tongue is a Special Counsel at Minter Ellison and specialises in administrative law, especially migration law. Her particular focus is quality administrative decision making.  Sue has taught law in Australia and the US, conducted reviews for government and has held various statutory appointments, including head of the Commonwealth migration tribunals.