10 Things To Know About Immigration Law

The immigration law in Australia is among the oldest rules of the land. The law is designed to regulate every individual’s right to enter and stay in the country. Also, it is classified as a Commonwealth law, so it adheres to its original form all over the country.

However, the immigration law in Australia changes frequently. So, if you are planning on applying for a visa, consider hiring the service of an immigration lawyer to help you out. It would also help if you try to learn some of the essential aspects of the country’s immigration law, especially the following.

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  Non-discriminatory

The immigration law in Australia supports a non-discriminatory migration program. This means that migration is open to every individual who meets the criteria of their desired visa as mandated by Australian law. 

The immigration law also backs Australia’s immigration policy, which is structured to effectively respond to the country’s democratic, social and economic interests. The policy aims to ensure that migration benefits the current and future social and economic growth of the country. 

• Complex

The immigration system supported by the immigration law in Australia is complex. It requires all foreigners to have a visa to enter, remain and work in the country. Many experts believe that this system was a product of Australia’s rich migration history. The lessons learned from dealing with immigrants for decades have resulted in the establishment of a unique legislative framework subjected to continuous refinement to respond to different economic, cultural and political influences.

• Governed by Various Policies

Various policies, especially the following, govern the Australian immigration law and applicable policies created out of its principles.

• Migration Act of 1958 (Cth)
• Migration Regulations 1994 (Cth)

Both of these policies serve as the basis for the treatment of immigrants in Australia. They also govern all the other policies related to border control and citizenship.

• Ever-changing

The composition and size of the migration program in Australia are constantly revised every year via the government’s budget process. Also, the executive branch of the government is given a considerable amount of discretion in deciding who is eligible for entry into the country. 

• Allocates Places for Migration

Through its appropriate agencies, the Australian government allocates various places in the country to accommodate individuals wanting to secure permanent immigrant status in Australia. For example, through an announcement made on 11 May 2010, the Migration Program confirmed that a total of 168 700 places were allocated for migration for the period from 2010 to 2011. This practice is believed to have started in 1945 when the first Australian immigration portfolio was created. However, the country’s immigration policies have constantly evolved, and much has changed over the past 65 years.

• Home Affairs

The administration of Australian immigration law and migration policies are in the hands of the Department of Home Affairs. Its function also includes those handled by the former Department of Immigration and Border Protection. The Department of Home Affairs takes charge of the laws and policies related to border control, immigration and citizenship. Various functions like policy review and change, along with visa processing, are also in the hands of the department. Finally, several agencies like the Australian Taxation Office works with the Department of Home Affairs to ensure the compliance of overseas workers and their sponsoring companies.

• Administrative Appeals Tribunal (AAT)

AAT is a government agency created out of the Migration Review Tribunal and the Refugee Review Tribunal’s merger on 1 July 2015. Its jurisdiction, procedures and powers are focused on the review of immigration decisions that are set out in both the Migration Regulations and Migration Act. The ATT’s Migration and Refugee Division has jurisdiction over the review of various visa applications, employer-sponsored applications and the decisions related to temporary visas, migration and refugee visas within Australia.

• Skilled Stream

The skilled stream is a significant aspect of Australian immigration law. The term refers to the temporary and skilled migration program allotted to trained individuals so they can migrate to Australia, help boost the country’s workforce development and assist businesses with skilled worker shortages. 

• Business Innovation and Investment Programme (BIIP)

The BIIP is an effective immigration option. This is reserved for individuals with substantial investments in Australia and those who own or operate various businesses in the country. The program is an effective technique that encourages a significant boost in the country’s economic activity by diversifying the business expertise and increasing the entrepreneurial talent in Australia.

• Regional Skilled Migration Programme

The Regional Skilled Migration Program is backed by Australian immigration law. The use of this initiative was conceptualized when the government realized that the number of skilled migrants must be strategically distributed in various regions to get the most out of its migration program. 

It was found out that the population growth of skilled migrants in the country is at its highest in major cities, especially in Sydney and Melbourne. As such, the other regional areas lack the economic boost that the major cities enjoy due to their highly skilled immigrant population.

So, to address this scenario, the government, on 26 October 2019, expanded the classification of various regional areas’ eligibility to accept regional skilled migration. With the urge to further improve the continued focus on boosting the migration allocation in regional areas and the distribution of skilled migrants all over Australia in mind, the Department of Home Affairs introduced the following skilled regional provisional visas. 

• Skilled Employer-Sponsored Regional (Provisional) visa (subclass 494) 
• Skilled Work Regional (Provisional) visa (subclass 491)

Despite the extensive knowledge regarding immigration law in Australia, it is still a must for migrants and visa applicants to seek help from reliable immigration lawyers. Doing this could increase your chances of achieving your desired results. Similarly, employers who are planning to sponsor skilled workers to migrate into the country’s regional areas as a way of taking advantage of the government’s new regional skilled migration program should also hire an immigration lawyer to guide them every step of the way. 

An immigration lawyer specializes in immigration law. They could provide the most applicable advice to ensure the approval of visa applications and avoid potential issues that could lead to denial of the application.