Readers should be aware that the Migration Regulations change rapidly. Before using the information listed here, it is a good idea to check that the law has not changed by telephoning one of the free immigration law advice bodies listed at the end of the chapter.
One of the best sources of information is the website of the Australian Government Department of Home Affairs (previously called the Department of Immigration and Border Protection) at www.homeaffairs.gov.au.
The Migration A written law made by parliament. Also called an ‘Act of parliament’, ‘statute’ or legislation. 1958 (Cth) (‘Migration Act’) and the Migration Regulations 1994 (Cth) (‘Migration Regulations’) are the two most important sources of migration Statutory rules made by parliament or by bodies the parliament delegates power to, for example a local council or a registration authority. See delegated legislation; statute. in Australia.
The bulk of the Migration Act deals with the control of arrival of non-citizens to Australia. Part 2 of the Migration Act deals extensively with the arrival, presence and departure of non-citizens, conditions that may preclude or invalidate a A permit that allows a person who is not a citizen to stay in a country on certain conditions, for the length of time stated in the visa., and the enforcement of non-citizens with respect to Expelling a non-citizen from a country because they do not have a legal right to remain there. They might have been convicted of a serious crime, or be regarded as a threat to national security..
The Migration Regulations list 12 schedules in total. The first two schedules are generally considered to be the most important. The first Extra information accompanying an Act of parliament or a contract, such as tables, lists or forms. of the regulations lists the (alphabetical) visa classes and (numerical) subclasses, with the form and fee and place of lodgment to qualify a Legally binding or effective. visa application. The second schedule prescribes the individual requirements of each visa subclass and ‘stream’ within a subclass, including the conditions for grant of each visa. The Migration Regulations also allow the minister to make legal instruments to deal with how and where visas should be lodged and what forms are required.
The Procedures Advice Manual, published by the Australian Government Department of Home Affairs (‘Home Affairs’) is in its third edition. The manual annotates migration legislation and provides policy and procedural instruction relevant to the legislation. It is used as a guide by departmental officers when administering migration legislation and determining the status of related applications.
Referring to the manual is very helpful for those who seek to understand how migration legislation is administered, and for those seeking to gauge the likelihood of success of migration applications. You can access the Procedures Advice Manual by lodging a request – with Home Affairs under the The right of any person to access documents held by government agencies, except documents excluded by legislation. Act 1982 (Cth) – to obtain copies of relevant chapters (for Home Affairs’ contact details, see ‘Contacts’ at the end of this chapter).