An Act relating to the entry into, and presence in, Australia of aliens, and the departure or deportation from Australia of aliens and certain other persons[1]
Citation
No. 62 of 1958 or No. 62, 1958 as amended
Territorial extent
States and territories of Australia
Royal assent
8 October 1958[2]
Introduced by
Alick Downer
Status: Current legislation
The Migration Act 1958(Cth) is an Act of the Parliament of Australia that governs immigration to Australia.[2] It set up Australia’s universal visa system (or entry permits). Its long title is "An Act relating to the entry into, and presence in, Australia of aliens, and the departure or deportation from Australia of aliens and certain other persons."[1]
The 1958 Act replaced the Immigration Restriction Act 1901, which had formed the basis of the White Australia policy,[3] abolishing the infamous "dictation test", as well as removing many of the other discriminatory provisions in the 1901 Act. The 1958 Act has been amended a number of times.
Deportation decisions, provided for in section 18 the Act, are at the absolute discretion of the responsible Minister or his delegate.[4] Deportation requires a specific deportation order (section 206) and applies to Australian permanent residents only. Removal is an automatic process applying to persons held in immigration detention and does not require any specific order to be made. (Section 198) It covers those persons who do not have a valid visa to be in Australia, whether their valid visa has expired or was cancelled.
^ ab"MIGRATION ACT 1958 – LONG TITLE". AustLII. Retrieved 19 September 2014.
^ ab"Migration Act 1958 – Act No. 62 of 1958". ComLaw. Retrieved 19 September 2014.
^"The Establishment of the Immigration Restriction Act". Australian Broadcasting Corporation: Australia's Centenary of Federation. Archived from the original on 3 January 2006. Retrieved 13 July 2005.
^Cite error: The named reference AHRC was invoked but never defined (see the help page).
and 25 Related for: Migration Act 1958 information
The MigrationAct1958 (Cth) is an Act of the Parliament of Australia that governs immigration to Australia. It set up Australia’s universal visa system...
Education Tests elsewhere, passing was not possible. The Act was replaced by the MigrationAct1958. The Act provided that any would-be immigrant could be subjected...
Australian law (Migration Act1958, Part 3) any person who gives "immigration assistance" must usually be a Registered Migration Agent. The term "immigration...
diverging in process between on-shore and off-shore arrivals. While the MigrationAct1958 (Cth) had previously drafted to give effect to Australia's obligations...
Immigration and Border Protection, which held that section 503A of the MigrationAct1958 is invalid to the extent that s 503A(2)(c) would apply to prevent...
Illegal immigration to Australia is defined by the MigrationAct1958, which distinguishes between "lawful non-citizens" (those in Australia holding a...
policy meant to avoid Australia's international obligations". The MigrationAct1958 allowed discretionary detention of unauthorised arrivals until 1992...
Home Affairs Minister, Peter Dutton has defended an amendment to the MigrationAct1958 that facilitates the denial or cancellation of Australian visas for...
suitable electronic device. Visa rules are set out in the MigrationAct1958 and the Migration Regulations, which are administered by the Department of...
immigrants to migrate to the country. However, with the passage of the MigrationAct1958, the White Australia policy began to be phased out and Asian immigration...
following years, and the Immigration Restriction Act 1901 was repealed in 1958 and replaced by the MigrationAct1958. The White Australia policy was definitively...
Restriction Act 1901 The MigrationAct1958 The Immigration Act, 1906 The Chinese Immigration Act of 1923 The Immigration Act, 1952 The Immigration Act, 1976...
security. In December 2014, the Australian Government amended the MigrationAct1958 to introduce "Section 501" which facilitated the deportation of non-citizens...
New Zealander Caleb Maraku using a character test provision of the MigrationAct1958. Maraku had been convicted of a one punch attack against another youth...
enforcement powers are primarily derived from the Customs Act 1901 (Cth) and the MigrationAct1958 (Cth) which empower officers to enforce Australian Customs...
Rau as a suspected unlawful non-citizen under the provisions of the MigrationAct1958. Rau was searched, and had a Norwegian passport, a book with two names...
amendment to the MigrationAct1958, the Migration Legislation Amendment (Excision from the Migration Zone) (Consequential Provisions) Act 2001 reinforced...
vaccine rollout. 2022 (Originally banned for three years under the MigrationAct1958 but was overturned by Immigration Minister Andrew Giles) Dick Gregory...
non-citizens. The special purpose visa arises under section 33 of the MigrationAct1958 to effectively exempt certain persons from the normal processes for...
Australia, particular social groups are defined in Section 5L of the MigrationAct1958. The Act allows families to form particular social groups. Alternatively...
Protection. That same month, the Australian Government amended the MigrationAct1958 to impose a character test (known as Section 501) on non-citizens...
months). The penalties are higher when children are involved. Under the MigrationAct1958 (Cth) it is an offence for an employer, labour hire company, employment...
gang members had been deported under Section 501 of the Australian MigrationAct1958, which has accelerated the deportation of criminal non-residents from...
Citizenship under the MigrationAct1958 may be subject to merits review in the AAT. The right of review is provided for in the MigrationAct itself. The Tribunal...
Global Information