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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 ...
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).
Illegal immigration to Australia is defined by the Migration Act 1958, which distinguishes between "lawful non-citizens" (those in Australia holding a valid visa) and "unlawful non-citizens" (those without a valid visa). [1]
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 ...
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.
The full court of the Federal Court held that the principles of natural justice did not apply to the decision to deport a person under the Migration Act and there was no evidence that the delegate had failed to take into account the interests of the Kioas' child. It was further held that the provisions of the Covenant and Declaration did not ...