Migration law and policy

National governments control the process of who is to enter or to live in their countries. The Australian Government enacts legislation and forms the policy which operates throughout Australia. The -laws and policies established by the Federal Government are strict and complex.

The strict approach is demonstrated by the migration laws in the form of the Migration Act and the Migration Regulations. Each of the many visas have a particular purpose and have their own set of criteria which must be met at the time of the migration application and at the time of decision.

The complexity of the system is demonstrated not only by the Migration Regulations, but also by the continuing revision of, and changes to, the laws and the policy documents which provide interpretations of the laws, principles and concepts.

Each mid-year, the Minister for Immigration announces planning levels for the next 12 months, and this programme also provides quotas for various visa categories and for particular visas a capping system which acts to stop visa processing during a one-year period when the capped number of visas is reached.

In general terms, there are four parts to the Australian migration programme: