What Australia Migration Act 1958: Lawful and Unlawful Non-Citizens, Visa Authority, Decision to Grant or Refuse, Detention, Removal, Character Cancellation, and Review of Decisions requires
The Australian Migration Act 1958, Act No. 62 of 1958, is the principal Commonwealth statute governing the entry, presence, and removal of non-citizens from Australia and is administered by the Department of Home Affairs. Migration Act 1958, section 4 sets the object of the Act. Migration Act 1958, section 5 contains the interpretation including definitions of refugee status, character concerns, and personal identifiers. Migration Act 1958, section 13 defines lawful non-citizens and Migration Act 1958, section 14 defines unlawful non-citizens. Part 2 Division 3 governs visas for non-citizens: Migration Act 1958, section 29 establishes the visa authority and Migration Act 1958, section 65 governs the decision to grant or refuse to grant a visa. The Act establishes protection visas, bridging visas, and temporary safe haven visas. Part 2 Division 6 governs detention: Migration Act 1958, section 189 requires detention of unlawful non-citizens and Migration Act 1958, section 196 governs the period of detention. Part 2 Division 8 governs removal: Migration Act 1958, section 198 authorises removal from Australia. Migration Act 1958, section 200 governs deportation. Migration Act 1958, section 501 governs refusal or cancellation of visa on character grounds. Part 5 and Part 7 establish merits review of migration decisions and protection visa decisions, and Part 8 covers judicial review. Sections 119 through 127 govern cancellation procedures with procedural fairness requirements. The Act is the controlling Commonwealth instrument for immigration and border control compliance in Australia and operates alongside the Migration Regulations 1994.
Pillar: Immigration & Border Control · Authority: Commonwealth of Australia - Office of Parliamentary Counsel · Version: 1.0.0 · Last updated:
Primary source: https://www.legislation.gov.au/C1958A00062/latest/text
SHA-256 integrity: 4fcf0f46308f33d6ee59382bab9801ae29d0f28e4fbf720b90bf310f5bdae217
Primary Citations — 8 traced to source
- Migration Act 1958, section 4 - object of the Act.
- Migration Act 1958, section 13 - lawful non-citizens.
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