Introduction to Immigration Law in Australia
Immigration law in Australia means the legal rules that guide people's entry into and exit from the country and their presence while in the country. It includes work visas, student visas, family visas, refugee and humanitarian visas, and the like, leading to permanent residency and citizenship. Immigration laws in Australia are dynamic and keep changing with changes in government policies, relations with other countries, and economic needs. The Department of Home Affairs mainly administers the system, and its decisions are usually informed by economic, security, and social considerations.
Key legislation to consider
- The Migration Act 1958 is the primary piece of legislation that regulates immigration in Australia and contains provisions on the type of visas that can be issued, the conditions for entry and exit, and the procedures for the deportation of unauthorised immigrants.
- The Migration Regulations 1994 regulations contain more specific details on visa classes, qualifications, and processes.
- The Australian Citizenship Act 2007 establishes the requirements for Australian citizenship, including the eligibility for naturalisation, the prerequisites, and the process of cancelling an Australian citizenship.
- Border Protection and Migration Reform are part of the ongoing amendments and policies. They address border security, asylum processes, and offshore processing of refugees.
- The Skilled Migration Program is a points-based system for qualifications, work experience, and English language proficiency that encourages skilled people to come to Australia.
