Minister for Home Affairs
Statutory definition
Under the Migration Act 1958, the "Minister" is defined in s 5 as the Minister responsible for administering the Act. The Minister has both general powers (exercisable by delegates) and personal non-delegable powers including the ministerial intervention powers under ss 351, 417, 501A, 501J, and 195A. The Administrative Arrangements Order specifies which portfolio the Act falls under.
Explanation
The Minister for Home Affairs has both an administrative role (overseeing the Department and ABF) and a direct decision-making role under certain provisions of the Migration Act. The personal non-delegable powers — particularly s 501A (character override) and s 417 (protection substitute decision) — give the Minister final say over specific categories of cases even after they have been decided by the ART. Decisions made personally by the Minister are generally not subject to merits review.