Migration Legislation Amendment Act 1989

Overview

The Migration Legislation Amendment Act 1989, enacted by the Parliament of Australia, was introduced to address various issues and enhance the management of migration-related matters in Australia. The Act primarily seeks to amend the Migration Act 1958, updating definitions, procedures, and penalties related to illegal entry, deportation, and the regulation of non-citizens in Australia. It includes provisions that clarify the status of illegal entrants, establish new rules for visa applications and entry permits, and introduce a points system for assessing applicants. Additionally, the Act introduces the Immigration Review Tribunal to provide a mechanism for reviewing decisions made under the Act, including those related to the deportation of illegal entrants and the cancellation of visas or entry permits. The Act also aims to streamline administrative processes, enhance the enforcement of migration laws, and improve the overall administration of the country's migration policies.

Scope and Application

The Migration Legislation Amendment Act 1989 is an Act of the Parliament of Australia that amends the Migration Act 1958. The Act applies to persons seeking to enter or remain in Australia, including non-citizens, illegal entrants, and those subject to deportation or removal orders. It also applies to vessels, their masters, owners, agents, charterers, and operators, who are subject to provisions regarding the carriage of non-citizens to Australia without documentation. The Act extends to the entire Commonwealth of Australia, including its territories and external territories. It includes provisions for the review of decisions made under the Act by the Immigration Review Tribunal, and sets out the establishment, membership, and powers of this Tribunal. Certain decisions, such as those to cancel a visa or entry permit, to order deportation, or those involving the status of a refugee, are not reviewable under the Act. The Act also includes provisions for the Minister to set aside decisions of the Tribunal if it is in the public interest to do so. Certain offences, such as failing to attend a hearing or providing false or misleading information, are subject to penalties. The Act further includes provisions for the regulation of conduct of third parties in connection with the making of decisions under the Act, and provides for the Minister to approve forms and delegate powers. The Act extends its application through subordinate instruments such as regulations and instruments, which can provide for various aspects of visa and entry permit applications, grants, and cancellations.

Key Provisions

• The Migration Legislation Amendment Act 1989 introduces significant changes to the Migration Act 1958, impacting the control of entry into Australia, the rights and obligations of non-citizens, and the procedures for handling illegal entrants and deportees. This Act amends the definition of key terms such as "exempt non-citizen" and "visa" and introduces new provisions regarding the entry and stay of non-citizens in Australia. For instance, Section 5D states that a child born in Australia to non-citizen parents is considered to have entered Australia at birth. Section 5E outlines the conditions under which a person ceases to be an exempt non-citizen, such as ceasing to be a member of the armed forces of the Crown or remaining in Australia beyond a 28-day grace period. Furthermore, Section 5F clarifies that when multiple individuals on the same visa travel to Australia together, all are deemed to hold the visa upon arrival. The Act also details specific obligations for the Minister and other officials regarding the granting and refusal of visas and entry permits, as well as the cancellation of these permits under certain circumstances.
• The Act imposes obligations on the Minister, including the ability to declare exempt non-citizens undesirable (Section 8) and to suspend the processing of visa and entry permit applications (Sections 11J and 11W). It also mandates the Minister to consider applications for visas and entry permits only if they are made in the approved form and accompanied by the required fees (Sections 11E and 11Q). Additionally, the Act specifies that entry permits shall not be granted to certain individuals, including those who have been deported from Australia and those who have outstanding debts to the Commonwealth (Sections 11ZE and 11ZB).
• In terms of penalties and consequences for breaches, the Act outlines several offences and their corresponding penalties. For example, non-citizens who become illegal entrants are liable to deportation (Section 17A). Section 27 imposes fines and imprisonment for non-citizens who become illegal entrants under various circumstances, such as after being previously deported or when their entry permit expires. The Act also penalises the carriage of persons to Australia without documentation (Section 26A) and prohibits certain work activities for holders of temporary entry permits (Section 31B). Moreover, it includes provisions for the Minister to require illegal entrants to leave Australia (Section 31A) and to impose orders restraining deportees and illegal entrants from disposing of property (Section 21C). Failure to comply with these orders can result in fines and imprisonment (Section 21C).
• Offences and their penalties are also addressed in the Act. For instance, the Minister can require illegal entrants to leave Australia, with non-compliance carrying a penalty of a fine not exceeding $5,000 or imprisonment for 2 years, or both (Section 31A). Similarly, failure to produce documentation upon demand, or producing false documentation, results in fines of up to $5,000 and imprisonment for 2 years (Sections 26A and 14). The Act further stipulates that unauthorised officers or individuals who obstruct or deceive persons exercising powers under the Act face fines of up to $1,000 or imprisonment for 6 months (Section 65). Moreover, the Act includes provisions for the Minister to approve forms (Section 66D) and delegate powers (Section 66DA), ensuring that administrative tasks are managed efficiently while maintaining the integrity of the legislative framework.

Legal classification tags

Area of Law

Immigration & Refugee Law

Instrument

Act

Concepts

Commencement Provisions

Offence Provisions

Licensing & Registration

Reporting & Disclosure Obligations

Enforcement Powers

Compliance Obligations

Review & Sunset Clauses