Immigration, Refugees and Citizenship

Contacts, Links and Resources

Administrative Appeals Tribunal www.aat.gov.au

Commonwealth Ombudsman www.ombudsman.gov.au

Minister for Immigration

The Hon Chris Bowen MP, Minister for Immigration and Citizenship, Parliament House, Canberra ACT 2600

Migration Agents Registration Authority (MARA) www.themara.com.au

Migration Institute of Australia http://mia.org.au

Migration Review Tribunal and Refugee Review Tribunal http://mrt-rrt.gov.au

National Accreditation Authority for Translators and Interpreters (NAATI) Limited www.naati.com.au

Australian Human Rights Commission (AHRC) www.hreoc.gov.au

United Nations High Commissioner for Refugees (UNHCR) Australian Regional Office www.unhcr.org.au

Council for Immigration Services and Status Resolution (CISSR) www.immi.gov.au/managing-australias-borders/detention/regulations/cissr/

Contact Details for Immigration Detention Centres www.immi.gov.au/managing-australias-borders/detention/visiting/contacting.htm

State / Territory adoption authorities www.ag.gov.au/www/agd/agd.nsf/Page/IntercountryAdoption_AustralianandStateandTerritoryCentralAuthorities

Centrelink www.centrelink.gov.au/internet/internet.nsf/contact_us/index.htm

Attorney-General's Dept (Intercountry Adoption Page) www.ag.gov.au/www/agd/agd.nsf/Page/Intercountry_Adoption

CRICOS (Commonwealth Register of Institutions and Courses for Overseas Students) http://cricos.deewr.gov.au/

Vetassess (Vocational Education and Training Assessment Services) www.vetassess.com.au/

Glossary of immigration terms

competent English (cf concessional competent English) Defined in the Migration Regulations 1994 (Cth) reg 1.15C as a score of at least 6 for speaking, reading, writing and listening on an International English Language Testing System (IELTS) test or Occupation English Test (OET) undertaken less than two years before the relevant visa application is decided.

concessional competent English (cf competent English) Defined in the Migration Regulations 1994 (Cth) reg 1.15F as an average score of 6 across the various categories of an International English Language Testing System (IELTS) test or Occupation English Test (OET) undertaken less than two years before the relevant visa application is decided.

Eligible New Zealand (ENZ) Citizen A New Zealand citizen who satisfied certain health and good character criteria at the date of their last entry to Australia. The person must have been:

• In Australia on 26 February 2001 as the holder of a subclass 444 visa; or
• In Australia as the holder of a subclass 444 visa for not less than a cumulative total of 1 year from the period 26 February 1999 - 26 February 2001; or

Been issued a certificate stating that for the purposes of the Social Security Act 1991 (Cth), the person was residing in Australia on a particular date.

See Migration Regulations 1994 reg 1.03 for more detail.

eligible non-citizen (a term used in the context of eligibility for bridging visas under the Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth)). A person who is immigration cleared, in a class of persons described by reg 2.20, or declared by the Minister to be an eligible non-citizen (s 72 of the Migration Act).

exclusion period Under the Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth), a period (ranging from 12 months to forever) during which a person may only apply for -or satisfy the criteria for - a restricted list of visa types. Exclusion periods generally apply to people who have had a visa cancelled, who have overstayed their visa in certain circumstances (even if they have left voluntarily), or who have been removed or deported from Australia.

immigration assistance is defined in s 276 of the Migration Act 1958 (Cth) and includes:

• Assisting someone to prepare or advising someone about either a visa application or application for review of a visa cancellation; and
• Preparing for or representing an applicant in Court proceedings in relation to a visa application or an application for review of a visa cancellation.

Anyone who receives payment in return for immigration assistance without being registered may be imprisoned for up to 10 years (s 281).

immigration cleared Under the Migration Act 1958 (Cth), all non-citizens must be immigration cleared. This means they must provide a completed passenger card, evidence of identity (such as a passport) and a visa to an immigration clearance officer (s 166). A clearance officer is usually an official at an airport or seaport who checks travel documents.

'no further stay' condition Some Australian visas have a 'no further stay' condition attached to them, which severely restricts the types of visas the holder can go on to apply for once in Australia. The various versions of the condition are found in Schedule 8 of the Migration Regulations 1994 (Cth) (at 8503, 8534, 8535 or 8540). Generally a visa holder subject to one of these conditions is only able to go on to apply for protection visas (q.v.) and some types of student visas. The condition may be waived in certain circumstances.

primary visa applicant the main applicant for a visa. Primary applicants must fulfil the "primary criteria" for the relevant visa subclass found in Schedule 2 of the Migration Regulations 1994 (Cth). C.f. secondary visa applicant.

secondary visa applicant a family member of the primary visa applicant (q.v.). Secondary applicants are included on the visa application form of the primary applicant and must fulfil "secondary criteria" for the visa found in Schedule 2 of the Migration Regulations 1994 (Cth).

section 48 bar Section 48 of the Migration Act 1958 (Cth) imposes severe restrictions on the types of visas for which non-citizens who have had a visa refused or cancelled and who are in Australia can apply.

settled A 'settled' Australian citizen, permanent resident or eligible New Zealand citizen is someone who has been lawfully resident in Australia for a reasonable period. Under policy, DIAC has interpreted a "reasonable period" to mean approximately two years. However, there are exceptions to this rule: see MSI 378: Form 40 - Sponsors and sponsorship.

substantive visa All visas apart from criminal justice visas, enforcement visas and bridging visas (q.v.) are substantive visas (s 5 of the Migration Act 1958 (Cth)). In order for a person who is already in Australia to obtain a second visa, it is often a requirement that they hold or initially held a substantive visa.

unlawful non-citizen Under the Migration Act 1958 (Cth), anyone who is not an Australian citizen and enters or remains in Australia without a valid visa is an 'unlawful non-citizen' (ss 13(1) and 14(1)).

visa class Under the Migration Act 1958 (Cth) and the Migration Regulations 1994 (Cth), there are different categories of visa called visa classes. Under the Act, a non-citizen wishing to travel to and / or remain in Australia must apply for a visa of a particular class (s 45). Some classes of visa are described in the Act itself, while many more are prescribed in Schedule 1 of the Regulations.

visa subclass Under the Migration Regulations 1994 (Cth), each visa class (q.v.) is divided into subclasses. Every subclass of visa has different criteria. The criteria are based on a range of considerations such as relationship to an Australian permanent resident or citizen, skills, age, qualifications, capital and business acumen. Schedule 2 of the Regulations sets out the subclasses of visas and the criteria that must be met to qualify for them.

bridging visa

protection visa

Immigration acronyms

DIAC Department of Immigration and Citizenship

ENZ Eligible New Zealand Citizen. Full definition in glossary.

IAAAS Immigration Advice and Application Assistance Scheme (of the Department of Immigration and Citizenship)

IDC Immigration Detention Centre

ITA Immigration Transit Accommodation

IRH Immigration Residential Housing

MSIs Migration Series Instructions (policy documents of the Department of Immigration and Citizenship)

NOC Notice of Cancellation (of a visa)

NOIC Notice of Intention to Consider Cancellation (of a visa)

PAM Procedures Advice Manual (policy documents of the Department of Immigration and Citizenship)