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Most Australian citizens have the right to enter or leave Australia at will. For citizens of other countries wishing to visit, work or remain permanently in Australia, a visa is required.
This guide explains, the different visa types, how to choose the most appropriate option and then apply for an Australian visa.
The many varieties of Australian visas fall into two broad categories: temporary and permanent.
There aresix main categories of permanent visas:
family migration (http://www.hwimmigrationlawyers.com/
business migration (http://www.hwimmigrationlawyers.com/
refugee / humanitarian, and
special eligibility (former Australian residents)
Temporary visas allow people to visit Australia for a limited time for the purposes of tourism, study, work, business, medical treatment or to visit relatives.
Beyond these major categories of permanent and temporary visas there are approximately 140 Australian visa subclasses with their own sets of eligibility criteria.
Consequently, the task of deciding which visa to apply for can be quite demanding. Furthermore, these criteria intersect with the extensive and complex structures of Australian immigration law.
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Australia had a largely discretionary migration system until 1994, when new regulations were introduced. The legal framework establishes definitions of key criteria, processing priority guidelines, policy guidelines used by immigration to interpret and apply the criteria, when an application is validly made, what family members may be included in an application, the conditions applicable to visas, the powers of the Minister for Immigration including important powers to determine and cap annual visa numbers and appeal options available if a visa is refused.
This overview offers a guide to the Australian immigration system and the legal processes that govern it.
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Australian Immigration System
The Australian system of government
In order to properly understand how Australia’s immigration laws work, it is important firstly to have an understanding of Australia’s system of government.
Australia has operated as a ‘federation’
All Australian laws relating to immigration and citizenship are determined at the national level by the Australian Commonwealth – that is, the federal Parliament of Australia.
The divisions of responsibility between the levels of government, as well as the powers of the Commonwealth Parliament, are set out in section 51 of the Australian Constitution. Specifically relating to immigration, section 51 of the Constitution grants the Australian Commonwealth Parliament the power to legislate (make laws) concerning naturalisation, aliens, immigration and emigration. Thus it is the Commonwealth Government, and not the states, territories or local councils, that is responsible for making any laws regarding Australian immigration and citizenship.
The Constitution also sets out a doctrine of governance that divides the functions of each level of government into three distinct branches known as the legislature, the executive and the judiciary. This is referred to as a ‘separation of powers’ and is designed to ensure that Australian governments and laws retain their integrity and remain fair and impartial. Put simply, the legislature makes the law, the executive applies the law and the judiciary interprets the law.
In Australia, the legislature is the Australian Parliament, the executive consists of the portfolio-holding ministers of parliament responsible for the different government departments (for example, the Minister of Immigration and Citizenship is responsible for the Department of Immigration and Citizenship)
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