Australian migration zone

   

The Australian migration zone refers to the parts of Australian territory where a non citizen must hold a visa to legally enter and remain. It includes all states and territories at the mean low water mark.

In September 2001 the Federal Parliament passed the Migration Amendment (Excision from Migration Zone) Act and the Migration Amendment (Excision from Migration Zone) (Consequential Provisions) Act. These pieces of legislation excised certain external territories from the migration zone, for purposes relating to unauthorised arrivals. These territories included Ashmore Island, Carter Islands, Christmas Island, and Cocos Islands.

In an excised area, an unauthorised arrival has no right to apply for a visa. Asylum seekers who land in an excised area of Australian territory, may apply for refugee status with the UNHCR, but Australia has no obligation to grant them a visa to settle in Australia, and they have no recourse to Australian courts. From 2001 to 2004 the Australian government excised thousands of islands from the migration zone as part of the Pacific Solution

The acts also included the powers to move unauthorised arrivals to another country where their claim for protection could be considered. These changes allowed for thousands of asylum seekers to be moved to immigration detention facilities on Christmas Island, Nauru, and Manus Island.

In subsequent years the government excised many more islands, sometimes attempting to do so retrospectively after boat people had already landed.

The excising of islands from the Australian migration zone remains a very controversial aspect of Australian immigration policy. Refugee advocates argue that Australia is not meeting its obligations under international law to protect refugees. There is also confusion over the effect on Australia's sovereignty over the excised area. Various constitution authorities have voiced the opinion that excising territory from the migration zone does not effect Australia's sovereignty.

See also

External links

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