Running Head: MIGRATION LAW ASSESSMENT

Australian Migration Law Assessment

Name

Date
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Introduction

Laws, that seek to regulate the entry of immigrants into Australia, have been a serious

issue for several years. In particular, the law gives the government the authority to control

individuals entering Australia. The Migration Act of 1958 is the federal statute being applied to

immigration policies in Australia today. The act seeks to regulate the entry of immigrants into

Australia. The entry of immigrants must be according to the national interests (Campbell and lee,

2008).

Constitutionality

According to White (2009), the immigration law is effective in giving legislative power

to the government to deport or detain immigrants that can pose security threats to Australian

citizens. In addition, the legislative power of the federal parliament is also contained in section

51 of the Australian Constitution. In particular, the federal government has the authority to

institute laws that govern naturalization and aliens, immigration and emigration and the entry of

criminals. The immigration power, which is contained in section 51 (xxvii), ensures that children

of migrants are cared for until they are absorbed into Australian community.

The migration Act 1958 imposes burdens, obligations and qualifications, including

deportation. The court was right in making their decision because deportation of aliens’ is valid

unless they have been naturalized. Nationalization laws ensure that immigrants’ alien status is

removed either entirely or conditionally (Hephaestus Books, 2011).

The Migration Act 1958 establishes general presumption that Australia has territorial

boundaries. The boundaries and lands that define Australia include the territory of Christmas

Island, the territory of Cocos (Keeling) islands but not any other external territory. Australia also

includes the coastal sea which mainly covers the territorial sea. In addition, other resource
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installations in the seabed are also classified as belonging to the Australian territory. Immigrants

in these territorial areas can be detained or deported when they do not have visas or documents

stating that they are lawfully residing in the country. In particular, the territorial areas have been

included in the act to ensure that immigrants are informed of what it means to enter, leave or

remain in Australia (Fitzpatrick and Tuit, 2004).

The case involving Lim v Minister for Immigration, Local Government and Ethic Affairs

(MILGEA) was correctly decided by the high court. The judges based their arguments on the

Migration Act 1958. As long as the detention of immigrants does not violate the rights of the

individuals, it should be carried out to determine the legality of immigrants in residing on

territorial boundaries. The detention of immigrants is done due to the national interests. In

particular, security risks that can lead to disaster should be managed by Migration Act (Chu

Kheng Lim v MILGEA, (1992) 176 CLR 1).

On matters concerning refugees, the migration act does not allow detention of such

individuals. Unfortunate individuals in society such as refugees deserve consideration and

protection. These individuals have moved out of their countries due to security reasons or their

safety. The Migration Act has recommended that such individuals should be helped until their

risk passes in their homeland or, in some cases, the state may allow them to take up permanent

citizenship (Levey, 2012). Refugees have been given a category of permission to stay under the

Migration Act 1958; this is provided as a “protection visa”. Provision of “protection visa” in

Australia demands that individuals must be noncitizens residing in Australia’s territorial

boundaries. In addition, the Minister must be satisfied that Australia has an obligation under the

refugees’ convention and protocol to provide protection visas to refugees. Deportation or

detention is allowed when the person is not a refugee (Liu, 2007).

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The powers of the minister and authorities in detaining or deporting immigrants are

contained in Pt. 2 of the Migration Act 1958. Much of Pt. 2 talks about different kinds of visas

and conditions under which they can be given to the immigrants. In particular, Divs 9 to 12 talks

about detention, removal, deportation and offences with which unlawful noncitizens may be

charged. The decision to detain immigrants is based on the knowledge that a person is an

unlawful noncitizen. Police officers must detain such a person who is in the territorial boundaries

of Australia or an individual seeking to enter (Way, 2007).

Conclusion

Protection of national interests and security reasons has enabled me to understand the

Immigration Law. Immigration Law is aimed at controlling the influx of unlawful persons into

Australian territorial boundaries. Unlawful persons in the Australian territories should be

detained to ensure that citizens are not exposed to illegal activities of immigrants. However, in

the case of refuges, the government has a responsibility in protecting the refugees until the risk in

their homeland is mitigated. Detention of immigrants is lawful as long as the provision of the

Migration Act 1958 is honoured. Detention should not be used to violate the rights of immigrants

(Egginton, 2005).

Question 2

Dear Sir,

RE: ADVISE ON VISA REQUIREMENTS

I would like to bring to your attention that the immigration requirements in this country have

become so stringent. A lot of changes have been mande in line with the new laws. It has

therefore, made it very difficult for the immigrants to be top easily get access to the document.
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Many bureaucratic procedures have been enforced in order to help in the easier scrutiny of those

planning to relocate to Australia.

As the sponsor, you must ensure that you accompany your father to the ministry offices in oder

for him to be quizzed and rigorously interrogated. You should be available to help him fill all the

required data that will make it possible for his application to be considered. In doing this, you

should carry with you the recommended amount of levies that have been hiked.

Your father must be with the accepted level of education and be a professional in at least one

discipline. At the same time, he should ensure that he clears with the Ministry of Home Affairs

and the Revenue Authority before proceeding for visa application. If you stick to this piece of

advice, you will surely manage to receive the document within two weeks.

Thank you in advance,

GPO
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References

Campbell, E and Lee, H.P (2008), the Australian Judiciary, London: Cambridge University

Press.

Chu Kheng Lim v Minister for Immigration, Local Government and Ethnic Affairs (MILGEA),

(1992) 176 CLR 1.

Egginton, J (2005), Working and Living In Australia, Sydney: New Holland Publishers.

Fitzpatrick, P and Tuit, P (2004), Critical Beings: Law, Nation and the Global Subject, Canberra:

Ashgate Publishing, Ltd.

Hephaestus Books (2011), Articles on Australian Migration Law, Sydney: Haphaestus Books.

Levey, G (2012), Political Theory and Australian Multiculturalism, Sydney: Berghahn Books.

Liu, G (2007), the Right to Leave and Return, Sydney: Martinus Nijoff Publishers.

Way, I (2007), Australian Immigration Tips, Canberra: Encortex Pty Ltd.

White, M (2009), Australian Offshore Laws, Sydney: Federation Press.

Dear writer, U did not mention in Q2 regarding Mr Jyrgal usen templets form . can u follow up
again ....