Migration Amendment Act 1986

Overview

The Migration Amendment Act 1986 was enacted by the Commonwealth Parliament to address the specific issue of children born in Australia to non-citizens. This legislation amends the Migration Act 1958 by introducing provisions that clarify the immigration status of such children, ensuring they are deemed to have entered Australia at the time of their birth. The primary objective of this Act is to streamline the process of determining the visa status of children born to non-citizens in Australia, thereby ensuring their inclusion in their parent’s temporary entry permit where applicable. This amendment was designed to provide clarity and legal certainty for families in similar situations, reflecting a policy objective to uphold family unity and stability within the migration framework.

Scope and Application

The Migration Amendment Act 1986 amends the Migration Act 1958, extending its application to non-citizen children born in Australia, ensuring they are deemed to enter Australia at the time of their birth. This Act applies to children who are non-citizens at the time of their birth, providing specific provisions for their inclusion in their parent's temporary entry permits. It also clarifies circumstances under which a child is included in a parent's temporary entry permit, depending on whether one or both parents hold such permits at the time of the child's birth. The Act applies on a national level throughout Australia and does not specify exclusions or exemptions beyond the parameters outlined in the Act. Subordinate instruments may further define or extend the application of these provisions, providing additional detail or clarification as necessary.

Key Provisions

The Migration Amendment Act 1986 introduces significant provisions to the Migration Act 1958, particularly focusing on the status of non-citizen children born in Australia. Section 6aaa inserted by this Act outlines that a child born in Australia who is a non-citizen at the time of birth is deemed to have entered Australia at that moment. This deeming applies to various scenarios involving the parents' visa status, ensuring the child is included in the relevant temporary entry permits held by the parents. If one parent holds a temporary entry permit and the other does not, the child is included in that permit. If both parents hold temporary entry permits, the child may be included in one or both permits, depending on the expiry dates. The Act imposes obligations on the relevant parties, particularly in ensuring that the status of children born in Australia is accurately reflected in immigration records. The Act requires that the Department of Home Affairs appropriately updates the child's immigration status and ensures that the child is included in the parent's permit if conditions are met. Additionally, this section requires parents to notify the Department if they hold temporary entry permits and have a child born in Australia. Failure to comply with the provisions of this Act may result in administrative consequences. Although the Act does not explicitly state penalties for non-compliance, breaches of the Migration Act 1958 generally can result in civil or criminal penalties. Civil penalties can include fines, and in severe cases, criminal penalties such as imprisonment may be imposed. The precise penalties depend on the nature and severity of the breach, with the maximum penalties set out in the Migration Act 1958. Non-compliance with the inclusion requirements could potentially lead to the child's immigration status not being properly recognised, resulting in complications in obtaining Australian citizenship or residency in the future.