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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).
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 ...
Under Australian law (Migration Act 1958, [6] Part 3) any person who gives "immigration assistance" must usually be a Registered Migration Agent. The term "immigration assistance" is defined in section 276 of the Act to cover using, or purporting to use, knowledge of or experience in migration procedure to advise or assist various people with ...
The Migration Act 1958 allowed discretionary detention of unauthorised arrivals until 1992. Since the 1990s when the Keating government created a policy of mandatory detention of unauthorised arrivals, with non-citizens arriving by boat without a valid visa being detained until they were either granted a visa, or deported.
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]
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.
The Migration Amendment (Abolishing Detention Debt) Act 2009 was passed by the Australian House of Representatives with several Liberal MPs threatening to 'cross the floor' and vote with Labor, and then passed into law on 8 September when the Senate passed the bill with the support of Senator Nick Xenophon, the Australian Greens, Liberal ...