The Australian Immigration Policy

by David Lescott

Australian immigration rules are the subject of this part of our guide to emigrating to Australia…

Around 25% of Australia’s estimated resident population of 20 million was born overseas and every year more than 110,000 new migrants enter the country under the Migration Act 1958 and its accompanying regulations, the practical application of which is the responsibility of the Department of Immigration and Culture (DIAC).

A universal visa system is in operation, which means that anyone who isn’t an Australian citizen (not including citizens of New Zealand) must possess a visa to enter Australia and that all non-citizens in Australia without a valid visa are unlawful citizens and are liable for detention and removal. To acquire a visa, you should make an application to the DIAC under one of their visa programs, and submit the subsequent fee (which varies from program to program).

The various visa programs on offer (employer sponsored, skilled, retirement, etc.) all have their own terms and criteria that must be adhered to. If you mistakenly apply for the incorrect one, or you don’t satisfy the Australian government that you qualify for it, your application won’t be accepted (and you won’t get you application fee returned).

Your ethnic origin, race, nationality, religion and sex are not taken into account when determining eligibility, but factors like medical history, age, previous visa history, character, criminal records, and overstay risk, do. It’s an open procedure though and you’re given a right to appeal to an independent review tribunal if you consider that you’ve been subject to unfair discrimination.

Separate migration and humanitarian programs are used, so as to offer a balance between the Australian Government’s economic, social and environmental objectives and Australia’s international humanitarian obligations. There are annual limits on each of these and after they’re reached no more immigrants are given entry until the next year.

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