A claim for misfeasance in public office must identify an individual public officer who knowingly acted in excess of power; it cannot be built upon a composite of the conduct of multiple officers or a department. The Commonwealth is not vicariously liable for the intentional torts of its officers unless it authorised the conduct. Members of the Migration Review Tribunal enjoy the same immunity from suit as a Justice of the High Court. The question whether a common law duty of care exists for delay in processing visa applications under the Migration Act, and whether the existence of statutory appeal rights negates such a duty, remains open.
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