The Federation Press

Immigration, Refugees and Forced Migration

Law, Policy and Practice in Australia


This book provides a comprehensive analysis of immigration law in Australia and of the political, social and cultural forces that have shaped and are shaping it. It explains the momentous changes that have occurred in law and policy since the first attempts, in December 1989, to ‘codify’ decision-making through detailed regulations.

It is a study of revolution and counter-revolution: of the impact that the courts and tribunals have had on law and policy through the review of migration decisions; and of the increasingly extreme steps taken by government to assert control over every aspect of its immigration program.


...this book does provide a good grounding in the basics of contemporary immigration law and a valuable history of Australian immigration law, particularly since 1989 when the first attempts to codify regulations began. - tasmanian Law Society, Law Letter, Winter, 2011

Table of Contents

Part I - History and Context
Introduction - Immigration Law in Context
Immigration Law and the Growth of Nationhood

Part II - Legal Frameworks
Defining Powers: Immigration Control and the Australian Constitution
The Impact of International Law
The Administration of Migration Law and Policy

Part III - Border Control and Common Entry Criteria
Border Control and Common Entry Requirements

Part IV - Family Migration
Family Reunion I - Spousal Relationships
Family Reunion II - Immediate and Other Family

Part V - Skilled Migration, Students and Temporary Visas
Building a Clever Country: Permanent Labour Migration
The Business of Temporary Labour Migration
Students, Visitors and Other Temporary Entrants

Part VI - Refugees and Forced Migration
The Refugee and Humanitarian Program
The Definition of Refugee
The Extent of Australia’s Protection Obligations

Part VII - Unlawful Status and Enforcement
Unlawful Status and Visa Cancellations
The Enforcement of Decisions
The Deportation of Permanent Residents: Character, Conduct and Criminality

Part VIII - Appeals and Judicial Review
Immigration Appeals — Merits Review
The Judicial Review of Migration Decisions

Part IX - Conclusion
Facing the Future: Immigration and Global Citizenship Index

Of interest...