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Summary

Australia has a universal visa system with various visa options available for visitors, students, skilled workers, business people, and investors.  The work visa system is primarily focused on enabling skilled workers to live in the country either temporarily or permanently and includes avenues for such workers to meet the needs of different regions in the country.  The main visa for temporary employer-sponsored skilled workers allows for accompanying family members and provides a pathway to permanent residence.  Permanent residence for at least twelve months during at least four years of legal residence is one of the requirements for people to obtain Australian citizenship.  A program for seasonal workers from certain countries is in place, but does not allow participants to apply for further visas while in Australia and requires that they leave at the end of their employment period.  New Zealand citizens can work in the country indefinitely, but must obtain a permanent visa to gain certain rights and in order to apply for Australian citizenship.

Persons in the country unlawfully are required to leave and could face immigration detention and removal.  Bridging visas are available to provide time for people to resolve visa issues.  Movement and visa records are maintained in databases, with both incoming and outgoing passenger information being recorded.  A range of other border management measures are used to prevent and deter illegal entry into the country, including alert lists, the use of biometric technology, and advance passenger processing.

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Australian Immigration Law

Overview of the Visa System

Australia’s immigration system is governed by the Migration Act 1958 and associated regulations.[1] The laws provide for a universal visa system with visas divided into two main types (temporary and permanent), several classes, and multiple subclasses.[2] Visa subclasses are set out in Schedule 2 of the Migration Regulations 1994, which also includes the criteria for each subclass.[3] Under the Migration Act, the Minister of Immigration and Citizenship is able to “‘cap’ or limit the number of visas which can be granted each year in a particular visa subclass.”[4]

Tourist and other visitor visas are available for short-term visitors to Australia.[5] There are a range of student visas available depending on the level or type of study.[6] “Working Holiday”[7] and “Work and Holiday”[8] visa programs are also available for passport holders from various countries.[9] These visas allow people aged between eighteen and thirty years to stay in Australia for up to twelve months and study or work for a limited number of months within that period.  The “Work and Holiday” program involves agreements with certain countries (including the United States) with criteria and conditions dependent on those agreements.[10] Working holiday visas do not allow for family members to be included in applications.

Australia’s work visa system is primarily focused on providing avenues for skilled workers in various occupations to work in the country.[11] In recent years, there has been particular focus on meeting the needs of different regions in the country for migrants to fill skilled positions.[12] There is a range of temporary[13] and permanent[14] visa options available, including for independent workers,[15] those with employer sponsorship,[16] or workers nominated by a state or territory.[17] Different visas are also available for businesspeople and investors.[18]

Skilled worker visas generally allow for family members (partners and dependents) to be included in the relevant application, with such people therefore also able to work in the country.[19] There are also visa options that allow Australian citizens and permanent residents to sponsor family members for permanent residence.[20] There are pathways to permanent residency for holders of temporary skilled visas,[21] with recent changes made to simplify the process for employer-sponsored temporary workers.[22]

The management of the skilled worker programs involves the maintenance of lists of skilled occupations by the government.[23] One list “determines which occupations are eligible for independent and family sponsored skilled migration.”[24] A further consolidated list sets out occupations in relation to both state and employer nomination schemes.[25] These lists are relevant to the points system that applies to some types of visas.[26] A new electronic system that allows applicants to submit online expressions of interest for “General Skilled Migration” points-based visas and some other visas was launched in July 2012.[27] People using this system can then be invited to apply for the relevant visas where their skills and experience match with the needs of Australian employers and states or territories and where they meet any necessary point requirements.

Between September 2008 and June 2012, Australia piloted a guest worker program that enabled people from certain Pacific Island countries to come to Australia for seasonal horticultural work.[28] Following the pilot, the Seasonal Worker Program came into effect in July 2012.[29] The program involves agreements with several countries[30] where people aged between twenty-one and forty-five years can apply for special visas[31] to work for approved employers for a set period.  Under this program, seasonal workers are able to work in Australia for fourteen weeks to six months and can return to Australia to work in future years if they comply with visa conditions.  Individual visa holders must work for the specific employer on their visa and pay for their own living expenses and part of their travel costs.  They are not permitted to apply for another visa while in Australia and cannot bring family members with them to the country.[32]

New Zealand citizens are able to remain in Australia indefinitely owing to special reciprocal arrangements between the two countries.[33] New Zealanders automatically receive a Special Category visa (SCV) when they enter Australia.[34] This is a temporary visa that provides rights to live, work, and study in Australia but does not confer the same rights and benefits as those possessed by Australian citizens or permanent residents.[35] Eligible New Zealand citizens can apply for a permanent residence visa.[36]

Illegal Immigrants

Unlawful noncitizens must leave (or be removed from) Australia, unless they are granted a visa.[37] The Migration Act 1958 provides for persons who are in Australia unlawfully to be detained in immigration detention facilities.[38] According to the Department of Immigration and Citizenship website, “[c]ompliance officers locate people who have become ‘unlawful non-citizens’ or who are commonly known as ‘overstayers’.  If there is no legal entitlement for them to remain, they are expected to depart Australia.”[39]

The Department of Immigration and Citizenship, Centrelink (the agency that disburses social security payments), and the Australian Taxation Office share information in order to locate noncitizens who are illegally employed or who claim welfare payments to which they are not entitled.[40] The Department also works with the Australian Federal Police and state police authorities to locate illegal workers, and has a range of initiatives aimed at addressing noncompliance in the agriculture sector.[41]

In recent years, the Australian government has increased its emphasis on encouraging voluntary compliance with immigration laws.  For example, people who have overstayed their visa can contact the Department’s Community Status Resolution Service in order to seek to resolve their status.[42] The CSRS can grant bridging visas, which allow people to remain in the country (or to leave and return) after their substantive visa expires and while their application for a new substantive visa is being processed.[43]

The Department also operates a system called “Visa Entitlement Verification Online,” which employers can use to check a person’s work rights.[44] Individual visa holders can also check their visa status online using the system.[45] Organizations and individuals must register and be approved to access this system.  The Department also runs an “immigration dob-in service,” which enables members of the public to provide information on persons who they think are in the country illegally.[46]

Employers face sanctions under the Migration Act 1958 for recruiting illegal workers.[47] Proposed amendments to the law introduced in the federal Parliament in 2012 include new nonfault-based civil penalty provisions and would allow the Department to issue infringement notices and penalties.[48]

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Australian Citizenship Law

The Australian Citizenship Act 2007 sets out the requirements for the recognition and granting of Australian citizenship.  Persons born in the country will automatically be Australian citizens by birth only if one parent is an Australian citizen or permanent resident.[49] In addition, a person will be a citizen by birth if he or she was born in Australia and is “ordinarily resident” in the country throughout the first ten years of his or her life, regardless of the immigration status of his or her parents.[50] Persons born outside of Australia to an Australian citizen parent can apply for recognition as an Australian citizen by descent.[51]

Holders of permanent residence visas who satisfy residence requirements, are of good character, possess a “basic knowledge of the English language,” and have “an adequate knowledge of Australia and of the responsibilities and privileges of Australian citizenship” can obtain Australian citizenship.[52] Passing a citizenship test that is designed to assess the latter two criteria is required by law.[53] A pledge of commitment is made by the person following their citizenship application being approved by the Minister.[54]

The general residence requirements are that the person was legally present in the country for at least four years before applying for citizenship, including as a permanent resident for at least twelve months immediately before the day the application is made.[55] A special, shortened residence requirement may be applied where the applicant is engaged in particular kinds of work that are of benefit to Australia and for which citizenship is required.[56] In addition, overseas lateral recruits in Australian defense forces can satisfy a “defence service requirement” in place of the general residence requirements.[57] As a result of an amendment to the law in 2012, accelerated citizenship is also available for family members of such recruits.[58]

Prior to February 2001, New Zealand citizens holding Special Category visas could apply for Australian citizenship if they met the general requirements that applied at the time.  Currently, however, such people must first acquire permanent resident status in order to apply for citizenship under the standard rules.[59] Children who are born in the country to New Zealand citizen parents would become citizens after ten years of residence under the provisions described above.

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Border Management and Security

Australia’s overarching approach to meeting current and future border protection and security challenges is included alongside other areas in an integrated National Security Strategy that was launched in January 2013.[60] The Strategy states that key aspects of the response to the security outlook relating to increasing movement of people and goods to Australia, growth in transnational crime, and “ongoing irregular migration patterns” include the following:

  • Increasing use of risk-based systems to target threats
  • Enhancing cooperation across border security, law enforcement and intelligence agencies
  • Cooperating with our regional partners to counter people smuggling
  • Implementing the recommendations of the Report of the Expert Panel on Asylum Seekers[61]

The Strategy also states that an Australian Border Management Strategy currently being developed by relevant agencies will be released.[62]

People smuggling, particularly through the use of boats to carry asylum-seekers into Australian waters, has become a major concern in Australia in recent years.  The Australian government has introduced stricter laws to deter people smugglers[63] and implemented various initiatives aimed at curbing smuggling and other unauthorized arrivals.[64] These include onshore and offshore intelligence officers and operations,[65] immigration services and monitoring in remote areas,[66] joint operations involving the Australian Federal Police and other agencies as well as funding for dedicated liaison positions in certain countries,[67] and engagement in bilateral and regional cooperation efforts.[68]

In terms of specific measures relating to border management, Australia currently has various systems in place “to ensure people are authorised to travel across Australia’s borders and to deter or prevent those who try to enter Australia illegally.”[69] The different layers of the system include the following:

Visas

  • Continuous checking of all visa applicants against a Central Movement Alert List (CMAL), which is a “watch list contributed to by security and law enforcement agencies as well as other Commonwealth [federal] agencies.”[70] The list includes biographic information on criminals; people who pose a security risk; people barred from entering Australia because of immigration breaches or health issues; and details of lost, stolen, and fraudulent travel documents;[71]
  • A Security Referral Service, which “allows electronic processing between the department [of Immigration and Citizenship] and the Australian Security Intelligence Organisation (ASIO)”;[72]
  • Advance Passenger Processing (APP) for both air and sea arrivals, which involves carriers checking whether travelers have current valid authority to enter Australia;[74]
  • A Regional Movement Alert System, which is integrated with the APP system, that provides checks on all U.S. and New Zealand passports used to travel to Australia;[75]
  • Increasing use of biometric technology at borders, including facial recognition and fingerprint-matching technology;[76]
  • Various automated entry processing systems, including SmartGate for Australian and New Zealand passport holders and U.S. Global Entry Program members;[77] an Electronic Travel Authority system for passport holders of a number of countries;[78] eVisitor, which allows for multiple entries over a twelve-month period by passport holders from European countries for tourism or business purposes;[79] and an electronic tourist visa system for eligible tourists;[80]
  • A requirement for all people entering Australia to fill out an Incoming Passenger Card and present this along with their travel documents to an immigration officer;[81]
  • A requirement for all people leaving Australia to fill out Outgoing Passenger Cards and provide them to an immigration officer;[82]
  • Maintenance of arrival and departure records in a Movement Reconstructions database, which is strictly protected.  Information-sharing arrangements are in place with various government agencies in relation to border security, law enforcement, entitlement and identity verification, etc.[83]

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Kelly Buchanan
Chief, Foreign, Comparative, and
International Law Division I
March 2013

 

  1. Migration Act 1958 (Cth), http://www.comlaw.gov.au/Details/C2012C00855; Migration Regulations 1994 (Cth), http://www.comlaw.gov.au/Details/F2013C00062.  Multiple additional subsidiary instruments apply under the Migration Act, see Legislative Instruments – All – by Title – Mi, ComLaw, http://www.comlaw.gov.au/ Browse/Results/ByTitle/LegislativeInstruments/Current/Mi/0. [Back to Text]
  2. Migration Act 1958 (Cth), ss 30–38B; Migrations Regulations 1994, regs 2.01–2.04. [Back to Text]
  3. Migrations Regulations 1994 (Cth), sch 2. [Back to Text]
  4. Fact Sheet 21 – Managing the Migration Program, Department of Immigration and Citizenship (DIAC), http://www.immi.gov.au/media/fact-sheets/21managing.htm (last reviewed Sept. 2012); see also Migration Act 1958 (Cth), s 85. [Back to Text]
  5. See generally Visitors, DIAC,http://www.immi.gov.au/visitors/ (last visited Feb. 8, 2013). [Back to Text]
  6. See generally Students, DIAC,http://www.immi.gov.au/students/ (last visited Feb. 11, 2013); Fact Sheet 50 – Overseas Students in Australia, DIAC, http://www.immi.gov.au/media/fact-sheets/50students.htm (last reviewed Oct. 2012). [Back to Text]
  7. Migration Regulations 1994 (Cth), sch 2, subclass 417; Fact Sheet 49 – Working Holiday Program, DIAC, http://www.immi.gov.au/media/fact-sheets/49whm.htm (last reviewed Sept. 2012). [Back to Text]
  8. Migration Regulations 1994 (Cth), sch 2, subclass 462; Fact Sheet 49a – Work and Holiday Program, DIAC, http://www.immi.gov.au/media/fact-sheets/49awhp.htm (last reviewed Sept. 2012). [Back to Text]
  9. See generally Working Holiday, DIAC,http://www.immi.gov.au/visitors/working-holiday/ (last visited Feb. 11, 2013). [Back to Text]
  10. See Work and Holiday Visa (Subclass 462), DIAC, http://www.immi.gov.au/visitors/working-holiday/ 462/ Working Holiday Visa (Subclass 417), DIAC, http://www.immi.gov.au/visitors/working-holiday/417/ (both last visited Feb. 11, 2013). [Back to Text]
  11. See generally Fact Sheet 24 – Overview of Skilled Migration to Australia, DIAC, http://www.immi.gov. au/media/fact-sheets/24overview_skilled.htm (last reviewed July 2012).  For a recent overview and comparison of all skilled visas see DIAC, Skilled Visas for Australia, http://www.immi.gov.au/ skilled/_pdf/overseas-skilled-options.pdf.  Note that various changes relating to skilled migration came into effect in July 2012 and January 2013: see Press Release, Chris Bowen MP, Simplifying Sponsorship for Permanent Skilled Migrants (Mar. 9, 2012), http:// www.minister.immi.gov.au/media/cb/2012/cb183639.htm; Changes to the General Skilled Migration Visas from 1 January 2013, DIAC, http://www.immi.gov.au/skilled/general-skilled-migration/ changes-gsm-010113.htm (last visited Feb. 11, 2013). [Back to Text]
  12. See generally Regional Initiatives, DIAC, http://www.immi.gov.au/skilled/regional-employment/; Regional Migration Agreements, DIAC, http://www.immi.gov.au/skilled/regional-migration-agreements.htm (both last visited Feb. 11, 2013). See also Fact Sheet 26 – State Specific Regional Migration, DIAC, http://www.immi. gov.au/media/fact-sheets/26state.htm (last reviewed July 2012). [Back to Text]
  13. The main temporary visa for employer-sponsored skilled workers is subclass 457 (Temporary Work (Skilled)): SkillSelect: Subclass 457 Visa, DIAC, http://www.immi.gov.au/skills/skillselect/index/visas/subclass-457/; Temporary Work (Skilled) – Standard Business Sponsorship (Subclass 457), DIAC, http://www.immi.gov.au/ skilled/skilled-workers/sbs/ (both last visited Feb. 11, 2013). [Back to Text]
  14. See generally Skilled Worker Permanent Visa Options, DIAC, http://www.immi.gov.au/skilled/skilled-workers/visa-permanent.htm (last visited Feb. 11, 2013). [Back to Text]
  15. See SkillSelect: Skilled Independent (Subclass 189) Visa, DIAC, http://www.immi.gov.au/skills/skill select/index/visas/subclass-189/ (last visited Feb. 11, 2013). [Back to Text]
  16. See SkillSelect: Employer Nomination Scheme (Subclass 186), DIAC, http://www.immi.gov.au/skills/ skillselect/index/visas/subclass-186/; Regional Sponsored Migration Scheme (Subclass 187), DIAC, http://www. immi.gov.au/skills/skillselect/index/visas/subclass-187/; DIAC, Permanent Employer Sponsored Program, http://www.immi.gov.au/skilled/skilled-workers/_pdf/skilled-migration-diagrams.pdf (all last visited Feb. 12, 2013). [Back to Text]
  17. See SkillSelect: Skilled – Nominated (Subclass 190) Visa, http://www.immi.gov.au/skills/skillselect/ index/visas/subclass-190/; SkillSelect: Skilled – Nominated or Sponsored (Provisional) (Subclass 489) Visa, DIAC, http://www.immi.gov.au/skills/skillselect/index/visas/subclass-489/ (both last visited Feb. 11, 2013). [Back to Text]
  18. See generally Business People – Visa Options, DIAC, http://www.immi.gov.au/skilled/business/visa-options.htm; SkillSelect: Business Innovation and Investment (Provisional) (Subclass 188) Visa, DIAC, http://www. immi.gov.au/skills/skillselect/index/visas/subclass-188/ (both last visited Feb. 11, 2013). [Back to Text]
  19. See generally GSM – Adding and Withdrawing Family Members, DIAC, http://www.immi.gov.au/ skilled/general-skilled-migration/adding-family-members.htm; see, e.g., Temporary Work (Skilled) – Standard Business Sponsorship (Subclass 457): Family Members (Secondary Visa Applicants) Eligibility, DIAC, http://www. immi.gov.au/skilled/skilled-workers/sbs/eligibility-family.htm (both last visited Feb. 11, 2013). [Back to Text]
  20. See generally Family Members, DIAC, http://www.immi.gov.au/migrants/family/ (last visited Feb. 12, 2013); Fact Sheet 29 – Overview of Family Stream Migration, DIAC, http://www.immi.gov.au/media/fact-sheets/ 29overview_family.htm (last reviewed Sept. 2012). [Back to Text]
  21. See Pathways to Permanent Residency, DIAC, http://www.immi.gov.au/skilled/general-skilled-migra tion/sir.htm (last visited Feb. 11, 2013). [Back to Text]
  22. The process, known as the Temporary Residence Transition stream, applies to subclass 457 workers “who have worked with an Australian employer for at least the last 2 years and their employer wants to offer them a permanent position in the same occupation.”  SkillSelect: Permanent Employer Sponsored Program Definitions, DIAC, http://www.immi.gov.au/skills/skillselect/index/employer-definitions/See also Mei Hoong, Changes to the Permanent Employer Sponsored Program, Migration Blog (May 7, 2012), http://migrationblog.immi.gov.au/ 2012/05/07/changes-to-the-permanent-employer-sponsored-program/. [Back to Text]
  23. See Skilled Occupation Lists (Formerly Known as Form 1121i), http://www.immi.gov.au/skilled/sol/; Migration Regulations 1994 (Cth), reg 1.15I (skilled occupation). [Back to Text]
  24. DIAC, Annual Update of Skilled Occupation List – 1 July 2012, http://www.immi.gov.au/ skilled/_pdf/updated-sol.pdf; see also DIAC, Skilled Occupation List (SOL): Schedule 1 (July 2012), http:// www.immi.gov.au/skilled/_pdf/sol-schedule1.pdf. [Back to Text]
  25. DIAC, Consolidated Sponsored Occupation List (CSOL): Schedule 1 and 2 (July 2012), http:// www.immi.gov.au/skilled/_pdf/sol-schedule1-2.pdf. [Back to Text]
  26. See DIAC, General Skilled Migration Points Test Under SkillSelect (June 2012), http://www. immi.gov.au/skilled/general-skilled-migration/pdf/points-tested-migration-fact-sheet.pdf; What is the Points Test?, DIAC, http://www.immi.gov.au/skilled/general-skilled-migration/points-test.htm; New Skilled Visa and Points Test Arrangements, DIAC, http://www.immi.gov.au/skilled/general-skilled-migration/new-skilled.htm (both last visited Feb. 11, 2013); Migrations Regulations 1994 (Cth), regs 2.26AA–AC & sch 6B–6D. [Back to Text]
  27. SkillSelect, DIAC, http://www.immi.gov.au/skills/skillselect/See generally blog posts on the topic of SkillSelect at Migration Blog, DIAC, http://migrationblog.immi.gov.au/category/skillselect/ (last visited Feb. 11, 2013). [Back to Text]
  28. See Press Release, Chris Bowen MP, Visa for Pacific Island Seasonal Worker Scheme (Sept. 23, 2008), http://www.minister.immi.gov.au/media/media-releases/2008/ce08090.htm; Pacific Seasonal Worker Pilot Scheme, Department of Education, Employment and Workplace Relations (DEEWR), http://deewr.gov.au/pacific-seasonal-worker-pilot-scheme (last visited Feb. 11, 2013). [Back to Text]
  29. See Seasonal Worker Program, DIAC, http://www.immi.gov.au/skilled/seasonal-worker/; Seasonal Worker Program, DEEWR, http://deewr.gov.au/seasonal-worker-program (both last visited Feb. 11, 2013). [Back to Text]
  30. The program is currently only available for citizens of East Timor, Kiribati, Nauru, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu, and Vanuatu who have been sponsored by an employer. [Back to Text]
  31. Seasonal Worker Program – Eligibility, DIAC, http://www.immi.gov.au/skilled/seasonal-worker/ eligibility.htm (last visited Feb. 11, 2013); Migration Regulations 1994 (Cth), sch 2, subclass 416. [Back to Text]
  32. Seasonal Worker Program – About This Program, DIAC, http://www.immi.gov.au/skilled/seasonal-worker/swp.htm; How This Program Works, DIAC, http://www.immi.gov.au/skilled/seasonal-worker/how-program-works.htm (both last visited Feb. 11, 2013). [Back to Text]
  33. See Fact Sheet 17 – New Zealanders in Australia, DIAC, http://www.immi.gov.au/media/fact-sheets/ 17nz.htm (last reviewed Oct. 2012). [Back to Text]
  34. Migration Act 1958 (Cth), s 32; Migration Regulations 1994 (Cth), sch 2, subclass 444; New Zealand Citizens Entering Australia, DIAC, http://www.immi.gov.au/allforms/travel-documents/new-zealand.htm (last visited Feb. 11, 2013). [Back to Text]
  35. The status and rights of New Zealanders in Australia has recently become the subject of debate.  A joint inquiry by the Australian and New Zealand Productivity Commissions in 2012 noted that the lack of rights of the more than 100,000 New Zealanders on “indefinite temporary” visas to Australian welfare payments and student loans, and the right to vote, could create a strain on the relationship between the two countries.  The report recommended that the Australian government create new pathways to permanent residency and/or citizenship for Special Category visa holders living in Australia long-term. Australian Productivity Commission & New Zealand Productivity Commission, Strengthening Trans-Tasman Economic Relations 149–158 (Final Report, Nov. 2012), http://transtasman-review.pc.gov.au/sites/default/files/trans-tasman.pdfSee also Simon Collins, ‘Aussie’ Kiwis May Get Back Welfare Rights, The New Zealand Herald (Dec. 14, 2012), http://www.nz herald.co.nz/nz/ news/article.cfm?c_id=1&objectid=10853931; Audrey Young, PM Warns of Limited Rights in Australia, The New Zealand Herald (Feb. 5, 2013), http://www.nzherald.co.nz/politics/news/article.cfm?c_id=280&ob jectid=10863569; New Zealanders “Treated as Second-Class Citizens, 9News National (Feb. 5, 2013), http://news.ninemsn.com.au/national/2013/02/05/08/02/treatment-of-nzers-in-australia-on-table. [Back to Text]
  36. New Zealand Citizens Entering Australia, supra note 34. [Back to Text]
  37. Migration Act 1958 (Cth), s 198; see also Background to Immigration Detention, DIAC,http://www. immi.gov.au/managing-australias-borders/detention/about/background.htm; Expired Visas, DIAC,http://www.immi. gov.au/managing-australias-borders/compliance/staying-legally/expired.htm (both last visited Feb. 11, 2013). [Back to Text]
  38. Background to Immigration Detention, supra note 37.  See Migration Act 1958 (Cth), pt 2, divs 6 & 7. [Back to Text]
  39. Expired Visas, supra note 37; see generally Compliance, DIAC,http://www.immi.gov.au/managing-australias-borders/compliance/ (last visited Feb. 11, 2013). [Back to Text]
  40. Fact Sheet 86 – Overstayers and Other Unlawful Non-citizens, DIAC, http://www.immi.gov.au/media/ fact-sheets/86overstayers-and-other-unlawful-non-citizens.htm (last revised Mar. 2012). [Back to Text]
  41. Fact Sheet 87 – Initiatives to Combat Illegal Work in Australia, DIAC, http://www.immi.gov.au/media/ fact-sheets/87illegal.htm (last reviewed Sept. 2010). [Back to Text]
  42. Community Status Resolution Service, DIAC, http://www.immi.gov.au/managing-australias-borders/ compliance/community-status-resolution/ (last visited Feb. 11, 2013). [Back to Text]
  43. Migration Act 1958 (Cth), s 37 & pt 2, div 3, subdiv AF; Migration Regulations 1994 (Cth) pt 2, div 2.5 & sch 2, subclasses 010, 020, 030; see also sch 3 (additional criteria applicable to unlawful non-citizens and certain bridging visa holders); Bridging Visas, DIAC,http://www.immi.gov.au/visas/bridging/ (last visited Feb. 11, 2013). [Back to Text]
  44. Visa Entitlement Verification Online (VEVO), DIAC,http://www.immi.gov.au/e_visa/vevo.htm (last visited Feb. 11, 2013). [Back to Text]
  45. Id.; see also About Your Visa, DIAC,http://www.immi.gov.au/visas/about-your-visa.htm (last visited Feb. 11, 2013). [Back to Text]
  46. Immigration Dob-In Service, DIAC,http://www.immi.gov.au/contacts/dob-in/ (last visited Feb. 11, 2013). [Back to Text]
  47. Migration Act 1958 (Cth), pt 2, div 12, subdiv C.  See About the Employer Sanction Legislation, DIAC, http://www.immi.gov.au/managing-australias-borders/compliance/employer-obligations/about.htm; see also 2010 Howells Review of Employer Sanctions, DIAC, http://www.immi.gov.au/media/publications/compliance/review-employer-sanctions/ (last visited Feb. 11, 2013). [Back to Text]
  48. See Migration Amendment (Reform of Employer Sanctions) Bill 2012, Parliament of Australia, http://aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r4889See also Press Release, Chris Bowen MP, New Legal Sanctions Against Noncompliant Employers (Sept. 18, 2012, http://www. minister.immi.gov.au/media/cb/2012/cb189943.htm. [Back to Text]
  49. Australian Citizenship Act 2007 (Cth), s 12(1)(a), http://www.comlaw.gov.au/Details/C2013C00008. [Back to Text]
  50. Id. s 12(1)(b). [Back to Text]
  51. Id.s 16. [Back to Text]
  52. Id.s 21.  See generally Migrant with Permanent Residence, DIAC, http://www.citizenship.gov.au/ applying/how_to_apply/migrant_perm_res/ (last visited Feb. 11, 2013). [Back to Text]
  53. Australian Citizenship Act 2007 (Cth),s 23A.  See generally Citizenship Test, DIAC, http://www.citizen ship.gov.au/learn/cit_test/ (last visited Feb. 11, 2013). [Back to Text]
  54. Australian Citizenship Act 2007 (Cth),ss 26–27. [Back to Text]
  55. Id.s 22.  Periods of overseas absence are permitted under this section.  Time in prison or in a psychiatric institution does not count towards the relevant periods, subject to Ministerial discretion. [Back to Text]
  56. Id.ss 22A–22C. [Back to Text]
  57. Id.s 23(1). [Back to Text]
  58. Press Release, Chris Bowen MP, Accelerated Citizenship for Families of Defence Recruits (Sept. 11, 2012), http://www.minister.immi.gov.au/media/cb/2012/cb189803.htm; Australian Citizenship Act 2007 (Cth), s 23(2) and (3). [Back to Text]
  59. See New Zealand Citizens Living in Australia, DIAC, http://www.citizenship.gov.au/applying/how_ to_apply/nz/ (last visited Feb. 11, 2013). [Back to Text]
  60. Australian Government, Strong and Secure: A Strategy for Australia’s National Security 16, 18, 42–43 (Jan. 2013), available at http://www.dpmc.gov.au/national_security/national-security-strategy.cfm. [Back to Text]
  61. Id.at 33. [Back to Text]
  62. Id. at 43. [Back to Text]
  63. See Kelly Buchanan, Australia: Legislation to Combat People Smuggling Passed, Global Legal Monitor (Law Library of Congress, May 20, 2010), http://www.loc.gov/lawweb/servlet/lloc_news?disp3_l20540 1995_text; Deterring People Smuggling Bill, Bills Digest No. 82 2011–12, Parliament of Australia (Nov. 21, 2011), http://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/bd/bd1112a/12bd082.  [Back to Text]
  64. See Illegal Entry Prevention, DIAC, http://www.immi.gov.au/managing-australias-borders/border-securi ty/irregular-entry/ (last visited Feb. 13, 2013). [Back to Text]
  65. See Combating People Smuggling and Unauthorised Arrivals, DIAC, http://www.immi.gov.au/managing -australias-borders/border-security/irregular-entry/combat.htm (last visited Feb. 13, 2013). [Back to Text]
  66. See Remote Area Management, DIAC, http://www.immi.gov.au/managing-australias-borders/border-secu rity/irregular-entry/combat.htm (last visited Feb. 13, 2013). [Back to Text]
  67. See People Smuggling, Australian Federal Police, http://www.afp.gov.au/policing/human-traffick ing/people-smuggling.aspx (last visited Feb. 13, 2013). [Back to Text]
  68. See People Smuggling and Trafficking in Persons, Department of Foreign Affairs and Trade, http://www. dfat.gov.au/issues/people-trafficking.html (last visited Feb. 13, 2013). [Back to Text]
  69. Border Security and Entry Requirements, DIAC, http://www.immi.gov.au/managing-australias-borders/ border-security/ (last visited Feb. 12, 2013). [Back to Text]
  70. Fact Sheet 70 – Managing the Border, DIAC, http://www.immi.gov.au/media/fact-sheets/70border.htm (last reviewed Dec. 2012). [Back to Text]
  71. Id.  See also Fact Sheet 77 – The Movement Alert List (MAL), DIAC, http://www.immi.gov.au/media/ fact-sheets/77mal.htm (last reviewed June 2012). [Back to Text]
  72. Fact Sheet 70 – Managing the Border, supra note 70. [Back to Text]
  73. Id. [Back to Text]
  74. Id. [Back to Text]
  75. Id. [Back to Text]
  76. Id.  See also Biometric Collection, DIAC, http://www.immi.gov.au/allforms/biometrics/ (last visited Feb. 12, 2013). [Back to Text]
  77. Fact Sheet 71 – SmartGate Automated Border Processing, DIAC, http://www.immi.gov.au/media/fact-sheets/71smartgate.htm (last reviewed Jan. 2013). [Back to Text]
  78. Fact Sheet 55 – The Electronic Travel Authority, DIAC, http://www.immi.gov.au/media/fact-sheets/55 eta.htm (last reviewed Sept. 2010). [Back to Text]
  79. Fact Sheet 53 – Australia’s Entry System for Visitors, DIAC, http://www.immi.gov.au/media/fact-sheets/ 53entry_system.htm (last reviewed May 2010). [Back to Text]
  80. Id. [Back to Text]
  81. See Arrival at an Australian Airport, DIAC, http://www.immi.gov.au/managing-australias-borders/bor der-security/air/airport.htm; Passenger Cards, DIAC, http://www.immi.gov.au/managing-australias-borders/border-security/travel/passenger-cards/; Passenger Cards, Australian Customs and Border Protection Service, http: //www.customs.gov.au/site/passengerCards.asp (all last visited Feb. 12, 2013).  Immigration clearance and information requirements are set out in Division 5 of Part 2 of the Migration Act 1958 (Cth) and in Division 3.1 of the Migration Regulations 1994 (Cth).  See also Australian Customs Service, Practice Statement No. PS2008/35 (Primary Clearance) (July 28, 2008), http://www.customs.gov.au/webdata/resources/files/PS200835-PrimaryClearance.pdf. [Back to Text]
  82. Passenger Cards, supra note 81; Migration Act 1958 (Cth), s 175(1)(a)(ii). [Back to Text]
  83. Movement Records, DIAC,http://www.immi.gov.au/managing-australias-borders/border-security/sys tems/movement-records.htm (last visited Feb. 12, 2013). [Back to Text]

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Last Updated: 09/16/2014