Assignment: – Migration Law

Ans. 1

Issue

Whether or not there is any development of citizenship and migration law in contemporary Australia?

Background

The government of the country of Australia has proposed two bills in the last parliament which was regarding the significant changes in the Australian Citizenship Act, 2007. The 2015 act has increased the circumstances or has also expanded the situations where the person can lose their citizenship through engaging in terrorism activities as well as an offense that is related to national security. Also in the year, 2019 more than 12 people have lost their citizenship who were engaging in the act which was related to terrorism. In every country, there are basic rights that are being provided to the people who belong to their country as well as are born in that country those people get the special privilege in that country they are called the citizens of the country. Slowly the government had recognized the value of their citizens as well as the people who are coming for the purpose to stay permanently in the country¹.

Current status

The current status is that the migrants who are coming to the country for the purpose of staying in the country permanently are being allowed as well as they are also been treated equally. They have also provided all the facilities and the benefits that the citizens of the country are being provided. This has also affected the country in a negative way as many people are coming to the country and taking the citizenship of the country but are misusing the same.²

Key considerations

The key considerations that need to be taken while being eligible for the citizenship of the country are that the person who wants Australian citizenship needs to be a resident of the country for at least one year. The person must have lived 9 months out of the 12 months in the country of Australia before applying for citizenship. Also, the person must obey the law of the country. The other considerations of the newly arrived refugees are health issues, accidental injury. Discrimination ad language barriers are also the key concerns of the people³.

Possible next step

The possible next step could be that the check that is being done on the border should be more strict and the migrants who are taking the permanent citizenship of the country should be checked after a period. If they do any misconduct that would hamper the reputation of the country then strict action should be taken against them⁴.

Conclusion and recommendations

At last, it can be concluded that the citizenship that has been provided to the migrants is based on their intention to stay in the country. They are also been provided with equal opportunities as well as equal rights. Apart from this, there are migrants who misuse or indulge in any offense other than the facilities and rights provided to them. In this case, they should be given strict punishment and even their citizenship should be canceled⁵.

Ans.2

Issue

Whether or not there is a professional practice in the legal system relevant to migration law, including the Migration Act 1958 and Migration Regulations 1994 as well as case law and policy?

Introduction

Migration law of Australia is the commonwealth law which provides the laws as well as rules dealing with that who has the right to enter and remain in Australia.⁶ This law is the same in entire Australia and the name of the Act is the Migration Act 1958.⁷ Further, the Migration Regulation 1994 provides all the procedures in relation to the application for a visa, immigration clearance, and the procedure of collecting the information of the passengers.

Background

The policy, operational, and legislative responsibility for immigration is fully consolidated with the Department of Immigration and Multicultural and Indigenous Affairs (DIMIA) which coordinates the legislative structure in relation to migration. In early 1980, decisions related to immigration and visa in Australia moved from board discretion to a system that was heavily regulated by the year 1989. The same was prejudiced by the Hon’ble court in the landmark judgment based on discretions of the board. The procedure put in place was designed to be consistent, transparent as well as certain in its results both to those governing the system and to the applicants as well.

Current Status

In the current scenario, the country Australia focused on couture migration to address rates of local unemployment, to ease urban overcrowding, and act as an Australian national security safeguard. Particularly, the permanent program of migration is generally dealt with as well as guided according to the shortage of labor market in Australia.⁸ Further, the Migration Act 1958 as well as the Migration Regulation 1994 is still applicable to the persons who are migrating to the country Australia.

Key Consideration

According to the Migration Act 1958 as well as the Migration Regulation 1994, one must have to score a minimum of sixty-five points and must be under the age of 45 years when such person is applying and must have an occupation which shall be on the list of the occupations which are eligible.⁹ Further, after living for 3 years in Australia on the visa of Skilled Work Regional (temporary visa), such a person is eligible for the permanent residence or citizenship visa.¹⁰

Possible next step

The possible next step could be that in order to retain more migrants the policy should be more in the favor of the migrants. As these migrants contribute to the development of the economy. Benefits and facilities should be provided to migrants but there should be strict rules and punishment for them if they commit any misconduct or offense against the nation.

Conclusion

At last, it can be concluded that the professional practice in the review and analysis of legal system relevant to migration law, including the Migration Act 1958 and Migration Regulations 1994 as well as case law and policy. As all the rights, equality, as well as the opportunity that is being provided, are equal to the other citizen born in the country. Also, the migrants coming from other places to stay in the country are somewhere benefiting the economy of the country.

Bibliography

Articles

Immigration Solutions Lawyers, “A General Introduction To Immigration Law And Policy In Australia”, Lexology <https://www.lexology.com/library/detail.aspx?g=57f4410c-4401-4153-8b64-276ac36f04ef>.

Acts and Regulations

Migration Act 1958

Migration Regulations 1994

Others

Governments of Australia, “Migration Law”, Lawhandbook <https://lawhandbook.sa.gov.au
/ch24s01.php>

Parliament of Australia, n.d. Citizenship. <https://www.aph.gov.au/About_Parliament/
Parliamentary_Departments/Parliamentary_Library/pubs/BriefingBook46p/Citizenship>

Sable International, “Migrate To Australia”, Sable International <https://www.sableinterna
tional.com/immigration/australian-visas>

StuDocu.com. n.d. Summary Migration Law Lectures & Seminars.

1Parliament of Australia, n.d. Citizensip. <https://www.aph.gov.au/About_Parliament/Parliamentary_
Departments/Parliamentary_Library/pubs/BriefingBook46p/Citizenship>

2StuDocu.com . n.d. Summary Migration Law Lectures & Seminars.

3 Ibid.

4 Ibid.

5 Ibid.

6 Governments of Australia, “Migration Law”, Lawhandbook <https://lawhandbook.sa.gov.au/ch24s01.php>.

7 Ibid.

8 Immigration Solutions Lawyers, “A General Introduction To Immigration Law And Policy In Australia”, Lexology (Webpage, 2020) <https://www.lexology.com/library/detail.aspx?g=57f4410c-4401-4153-8b64-276ac36f04ef>.

9 Sable International, “Migrate To Australia”, Sable International  <https://www.sableinternational.com/imm
igration/australian-visas>.

10 Ibid.

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