Abstract
The Constitutional framework underpinning Australian migration law involves the separation of powers between the legislature, the executive and the judiciary. This separation underpins the courts' review of administrative action. The legislature enacts legislation and the executive must comply with that legislation. The judiciary must apply the law that has been enacted and has a role in ensuring that there is lawful authority for acts of the executive and that all actions it takes are in accordance with law. If an individual believes that the executive (the government) has not complied with the law, they may bring an action before the courts using administrative law.
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