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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 ...
Ex-citizen visa – issued under section 35 of the Migration Act 1958 to persons whose Australian citizenship has been cancelled while physically within the Australian migration zone. [ 56 ] [ 57 ] The person need not be told that they have lost Australian citizenship nor that they hold this visa, which entitles the visa holder to remain ...
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]
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 ...
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.
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).
Australia and Indonesia have established diplomatic relations since 27 December 1949, [1] when Australia recognised Indonesia's independence. [2] [3] Historically, contact between Australians and Indonesians began as early as the 16th century prior to the arrival of the Europeans, through Makassan interactions with indigenous Australians on Australia's western and northern coasts.
The High Court unanimously held that the fee for migration clearance was a tax. If section 55 of the Australian Constitution (which requires that legislation imposing tax deals only with imposing tax) is read literally, the effect of this decision would have invalidated the rest of the Migration Act. The Court was thus careful to invalidate ...