| Migration Act 1958 | |
|---|---|
| Parliament of Australia | |
| |
| Citation | No. 62 of 1958 or No. 62, 1958 as amended |
| Territorial extent | States and territories of Australia |
| Royal assent | 8 October 1958[2] |
| Introduced by | Alick Downer |
| Status: Current legislation | |
The Migration Act 1958 (Cth) is an Act of the Parliament of Australia that governs immigration to Australia.[2] It set up Australia’s universal visa system (or entry permits). Its long title is "An Act relating to the entry into, and presence in, Australia of aliens, and the departure or deportation from Australia of aliens and certain other persons."[1]
The 1958 Act replaced the Immigration Restriction Act 1901, which had formed the basis of the White Australia policy,[3] abolishing the infamous "dictation test", as well as removing many of the other discriminatory provisions in the 1901 Act. The 1958 Act has been amended a number of times.
Deportation decisions, provided for in section 18 the Act, are at the absolute discretion of the responsible Minister or his delegate.[4] Deportation requires a specific deportation order (section 206) and applies to Australian permanent residents only. Removal is an automatic process applying to persons held in immigration detention and does not require any specific order to be made. (Section 198) It covers those persons who do not have a valid visa to be in Australia, whether their valid visa has expired or was cancelled.
AHRC was invoked but never defined (see the help page).