Migration
Commonwealth legislation governing visas in Australia is primarily based on the Migration Act 1958 and the Migration Regulations 1994. This legislation forms the legal framework for the entry, presence, and departure of all non-citizens.
Primary Legislation & Regulations
Migration Act 1958 (Cth): This is the core Act of the Parliament of Australia that establishes the universal visa system. It covers the requirements for visa applications, the granting of visas, visa cancellation, and mandatory detention for unlawful non-citizens.
Migration Regulations 1994 (Cth): These regulations support the Act, detailing the specific visa classes, subclasses, application processes, charges, and conditions.
Key Related Commonwealth Legislation
Australian Citizenship Act 2007: Governs citizenship, which is relevant to visa status
Australian Border Force Act 2015: Establishes the Australian Border Force, which enforces migration law.
Migration Amendment Act 2024: Introduces new measures for removing non-citizens, including responding to high court decisions on detention.
Judiciary Act 1903 (s 39B): Relates to court jurisdiction in migration matters.
Key Concepts in Legislation
Visa Application & Validity: Section 46 of the Migration Act 1958 defines what constitutes a valid visa application.
Conditions: Section 41 authorizes that visas are subject to conditions (e.g., work restrictions, health requirements).
Character Test: Section 501 outlines the refusal or cancellation of visas on character grounds.
Mandatory Detention: The Act requires that non-citizens without a valid visa be detained.