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It was not a court and not part of the Australian court hierarchy; however, its decisions were subject to review by the Federal Court of Australia and the Federal Circuit Court of Australia. [3] The AAT was established by the Administrative Appeals Tribunal Act 1975 [ 4 ] and started operation in 1976.
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 ...
At the time section 12 of the Migration Act 1958, [2] provided that the Minister for Immigration and Ethnic Affairs could order the deportation of a non-citizen who was sentenced to imprisonment for one year or longer. The Minister signed a deportation order. Drake appealed to the Administrative Appeals Tribunal (AAT).
The ART was established by the Administrative Review Tribunal Act 2024 and commenced operations on 14 October 2024. The intention of creating the ART was to do so in response to recommendations by the Senate Legal and Constitutional Affairs Committee report on the performance and integrity of the administrative review system, published in March 2022. [8]
The constitutional framework and development of administrative law in Australia was highly influenced by legal developments in the United Kingdom and United States.At the end of the 19th century, the British constitutional theorist A. V. Dicey argued that there should be no separate system of administrative law such as the droit administratif which existed in France.
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).
Norfolk Island, an Australian external territory, was brought within the Australian migration zone on 1 July 2016. [2] From that date, anyone living on Norfolk Island needed to be an Australian citizen or hold a visa under the Australian Migration Act 1958, and all island legislation on the matter ceased to apply. The Department of Immigration ...
The Department of Home Affairs is a department of the Government of Australia that is charged with responsibilities for national security, protective services, emergency management, border control, immigration, refugees, citizenship, transport security and multicultural affairs. [2]