Migration Law

Migration Law 

Migration Act 1958 

Migration Act 1958 (Act) governs the immigration to Australia.

It replaced the former Immigration Restriction Act 1901.

Visas

Section 4 of the Act states the object of this legislation. Part 1 Division 3 Subdivision A is the general provisions about visas.

Children born in Australia

If a child born in Australia while both parents are non-citizen, the child is an non-citizen but is taken to have been granted the same kind of visa that its parents are holding and on the same terms and conditions. (refer to s78 of the Act)

Bridging Visa

A bridging visa is a temporary visa to enable a eligibile non-citizen to remain in, or to travel to and remain in Australia. (refer to s73 of the Act)

Visa Cancellation or Refusal

A visa could be cancelled under varies reasons, such as a visa applicant provided false information or bogus documents for obtaining a visa grant, or a visa holder has failed to comply with visa condition, or for home security reasons etc.

General Procedures of Cancellation

Before a visa is cancelled, the Department will notify the visa holder that there appears to be a reason to consider to cancel the visa (Notice).

The visa holder may give respond to the Notice within a specified period of time to show cause why the Department the visa should not be cancelled.

If the visa holder does not respond to the Notice, or does not respond or the specified response period is lapsed, the Department may make a decision to cancel the visa and requires the holder to leave Australia within a prescribed period of time.

 AAT Decision Review under Part 5 of the Act

Under Part 5 of the Act, AAT may review the decision to grant or cancel of a visa in certain circumstances provides in s338 of the Act. The circumstances that a decision is not a reviewable decision is provided in s338(1), s338(3) of the Act.

Court Review (Appeal AAT decision to Court) under Part 8 of the Act

The Federal Court may hear an appeal under s476A(1)(b) 0r(c) in relation to a migration decision and such application must be made within 35 days of the date of the migration decision.

Appeal to the High Court

An application to the High Court for reviewing a Federal Court decision must be made within 35 days of the date of the migration decision.