Migration Law glossary
Migration law in Australia is governed by the Migration Act 1958 (Cth) and its detailed Migration Regulations 1994, administered by the Department of Home Affairs. This glossary covers 40 of the most commonly used terms.
This is a glossary of 40 key terms used in Australian migration law. Each term has a plain-English definition and, where applicable, a reference to the Migration Act 1958 (Cth) or Migration Regulations.
Definitions
AAT (Migration and Refugee Division)
The division of the Administrative Appeals Tribunal (being replaced by the ART from late 2024) that conducts merits review of visa refusals and cancellations.
ART (Administrative Review Tribunal)
The new federal merits review tribunal replacing the AAT in 2024-25, including migration and refugee review.
Bridging visa
A temporary visa permitting lawful stay while another visa or judicial matter is finalised. Subclasses include BVA, BVB, BVC, BVD, BVE, BVF.
Character test
The test in s 501 of the Migration Act — the Minister may refuse or cancel a visa on character grounds (for example, substantial criminal record).
Code of conduct (RMA)
The Migration Agents Code of Conduct binding registered migration agents and lawyers practising immigration law.
Complementary protection
Protection obligations under s 36(2)(aa) of the Migration Act for people who face significant harm if returned but do not meet the Refugee Convention test.
Decision-maker
The Department officer (delegate of the Minister) who decides a visa application.
Department of Home Affairs
The Commonwealth department administering the Migration Act, visa programs, and border operations.
Employer nomination scheme (ENS)
The Subclass 186 permanent visa pathway for employer-sponsored skilled workers under the Migration Regulations.
Family violence provisions
Provisions permitting a partner visa applicant to obtain permanent residence despite relationship breakdown if they have experienced family violence.
Federal Circuit and Family Court
The court with first-instance jurisdiction for judicial review of migration decisions under the Migration Act.
Genuine temporary entrant (GTE)
A visa criterion requiring the Minister to be satisfied the applicant genuinely intends a temporary stay. Applied to student and visitor visas.
Jurisdictional error
An error that deprives a decision of legal validity — the threshold for judicial review under the Migration Act (s 476 / s 75(v) Constitution).
Labour market testing (LMT)
The requirement on sponsors to test the Australian labour market before nominating a foreign worker. Applied to subclass 482 and 494 visas.
Mandatory cancellation
Mandatory cancellation under s 501(3A) of a visa held by a person who has a substantial criminal record and is serving a sentence of imprisonment.
Merits review
Review by a tribunal (AAT/ART) that stands in the shoes of the decision-maker. Contrasted with judicial review.
Migration Act 1958 (Cth)
The principal Commonwealth Act regulating migration — provides for visas, detention, removal, and review.
Migration Regulations 1994
The detailed regulations setting out visa subclasses, criteria, fees, and procedures under the Migration Act.
Ministerial intervention
The Minister's non-compellable public interest power to substitute a more favourable decision under ss 351, 417, or 501J.
Nomination (employer)
An application by an employer to nominate a foreign worker for a sponsored visa. Separate from the visa application itself.
Non-refoulement
The international law obligation not to return a person to a country where they face persecution or other serious harm.
OMARA
The Office of the Migration Agents Registration Authority, which regulates registered migration agents.
Partner visa
The Subclass 820/801 (onshore) or 309/100 (offshore) visa pathway for spouses and de facto partners of Australian citizens or PRs.
PIC (Public Interest Criterion)
Criteria in Schedule 4 of the Migration Regulations (for example, health, character, security) applied across most visa subclasses.
Points test
The points-based assessment applied to skilled independent (subclass 189) and certain other visas. Points awarded for age, English, skills, and experience.
Privative clause
A statutory provision purporting to oust judicial review. In migration, the "privative clause" in s 474 is read down to preserve review for jurisdictional error.
Procedural fairness
The common law obligation to afford a visa applicant a fair hearing — in migration, heavily codified and statutorily limited.
Protection visa
The Subclass 866 (onshore) and 200-series (offshore) visas for persons owed protection obligations under the Refugees Convention or complementary protection.
Refugee definition
The statutory definition in s 5H of the Migration Act, largely drawn from the Refugees Convention — a well-founded fear of persecution on a protected ground.
Revocation request
A request to the Minister under s 501CA to revoke a mandatory cancellation. Strict 28-day time limit for making representations.
RMA (Registered Migration Agent)
A person registered with OMARA to provide immigration assistance. Lawyers may now provide immigration assistance without RMA registration.
Schedule 2 criteria
The visa subclass-specific criteria in Schedule 2 of the Migration Regulations — must be satisfied at time of application and time of decision.
Section 48 bar
The bar on certain further visa applications by non-citizens in Australia after a refusal or cancellation. Applies while the person remains in Australia.
Skills assessment
The assessment of an applicant's qualifications and experience by a relevant assessing authority — required for most skilled visas.
Sponsorship
The approval of a business or individual to sponsor visa applicants — sponsors take on statutory obligations.
Subclass 189
The Skilled Independent (Permanent) visa — points-tested skilled migration not requiring sponsorship or nomination.
Subclass 482
The Temporary Skill Shortage visa — employer-sponsored temporary work visa replacing the former 457.
Substantive visa
A visa other than a bridging or criminal justice visa. Relevant to s 48 bar and other provisions.
Time of application / time of decision
The two points at which Schedule 2 criteria must be satisfied. Different criteria apply at each.
Unlawful non-citizen
A non-citizen in Australia without a valid visa. Liable to mandatory detention and removal.
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