Immigration law in Australia is a dynamic field of practice. The Australian immigration lawyer landscape regularly fluctuates in response to change in Australia’s political, economic, and social conditions and the significant migrant source nations because the Migration Act establishes a legal foundation for changes in the law and policy to be implemented more quickly through regulations and legislative instruments, there may be a significant amount of legislative and policy change. As a result, practitioners often concentrate on immigration law as a distinct and specialized practice area, including migration merits and judicial review.

The immigration, citizenship, and customs border portfolios in Australia are seen above by the Department of Home Affairs, led by the Minister for Immigration and Border Protection and the Minister for Immigration, Citizenship, and Multicultural Affairs (the Department).

Under the Act, the Minister for Immigration and Border Protection (or any Minister nominated to administer the Migration Act) has a wide range of personal and “non-compellable” powers.

The government strictly controls Australia’s permanent migration policy, with attentive visa planning limits established each fiscal year. The temporary visa program is mostly demand-driven and dependent on Australia’s economic and immigration policies, situations in source countries. 

In general, the permanent migration program includes the following components:

  • Program for skilled migration: The General Qualified Migration program designs for experienced people or families who want to relocate to Australia to fill skill shortages. Visas under the General Skilled Migration Programme are point-tested and can be self-sponsored, state/territory sponsored, or family-sponsored.
  • Program for Family Migration: The Migration Program’s family stream allows immediate family members of Australian citizens, permanent residents, or qualifying New Zealand citizens to migrate. Migrants in the family stream must sponsor an Australian citizen, permanent resident, or qualified New Zealand citizen.
  • Program for Special Eligibility: Permanent migrants have entered Australia through one of its two programs: the Migration Program meant for skilled and family migrants / Humanitarian Program meant for all refugees and people in refugee situations. Under these two programs: the Australian administration allocates places, or quotas, each year to people who want to migrate permanently to Australia.
  • Humanitarian assistance to asylum seekers and refugees: The vast majority of refugees in Australia resettle from other countries (offshore) as part of the country’s offshore humanitarian resettlement program. 

The Refugee category includes people persecuted in their home country, are outside their home country, and require resettlement. 

Experts in Every Aspect of Australian Immigration Law:

Immigration Solutions Lawyers’ service is divided into three categories: business migration, family migration, and judicial and administrative merits review. Immigration law in Australia is without prejudice complicates the aspect of the law. 

Many of its laws, rules, and regulations change and evolve at speed, making it difficult for anyone without legal experience to grasp them. As a result, the staff at Australian immigration lawyers strives to provide the clients with the most reputable and accurate information in an easy-to-understand format. 

An Australian immigration lawyer places a strong emphasis on compliance. All non-Australian citizens have the need for a visa to enter and remain in Australia, and they face detention and removal if they overstay or have their nonimmigrant canceled. In these cases, specific immigration restrictions may be imposed, including a permanent ban for visas revoked on “character” grounds.  

If any Australian lawyers are caught working as a non-citizen without a visa or violation of the green card, then the person will face severe civil and serve criminal penalties. Employers who sponsor foreign workers under temporary work programs face additional sponsorship obligations that, if violated, can result in specific financial penalties for both individuals and the sponsoring business.

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