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The Migration Act 1958 (Cth) is an Act of the Parliament of Australia that governs immigration to Australia. [2] It set up Australia’s universal visa system (or entry permits). Its long title is "An Act relating to the entry into, and presence in, Australia of aliens, and the departure or deportation from Australia of aliens and certain other ...
Section 51(xxvii) of the Constitution of Australia (the immigration power) grants the Commonwealth Parliament the power to make laws with respect to "immigration and emigration." Historically, it was the principal legislative power in support of Australia's immigration scheme, which is now embodied in the Migration Act 1958 (Cth).
Each appeal reached the High Court via the appeal process written in Part 8 of the Migration Act. Each appeal argued that insufficient reasons had been provided by the decision makers who had denied the plaintiffs visas, under the act. Section 430 of the act mandated that decision makers provide reasons for their decision.
With the federation of the Australian colonies into a single nation, one of the first acts of the new Commonwealth Government was the Immigration Restriction Act 1901, otherwise known as the White Australia policy, which was a strengthening and unification of disparate colonial policies designed to restrict non-White settlement. Because of ...
Prior to 2001, the Australian migration zone consisted of the mainland, as well as some external territories. [1] Norfolk Island, for example, was not part of the Australian migration zone until 2016. [2] Under Australia’s universal visa policy, a non-citizen must hold an Australian visa within the Australian migration zone. [3]
The department also ran the Woomera Immigration Reception and Processing Centre, an Australian immigration detention facility near the village of Woomera in South Australia through contract with Australasian Correctional Management (ACM), a subsidiary of Wackenhut Security Corporation.
NZYQ v Minister for Immigration Court High Court of Australia Full case name NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs Decided 28 November 2023 Citation HCA 37 Court membership Judges sitting Gageler CJ, Gordon, Edelman, Steward, Gleeson, Jagot, Beech-Jones JJ Case opinions Detention of non-citizens is not for a non-punitive purpose if there is no real prospect of ...
Graham v Minister for Immigration and Border Protection was a case heard by the High Court of Australia at the same time as Te Puia v Minister for Immigration and Border Protection, which held that section 503A of the Migration Act 1958 is invalid to the extent that s 503A(2)(c) would apply to prevent the Minister for Immigration and Border Protection from being required to divulge or ...