Book contents
- Frontmatter
- Contents
- Table of cases
- Table of statutes
- Preface to the second edition
- Acknowledgments
- 1 Historical context to migration
- 2 Immigration control: an overview
- 3 Basic migration legislation and policy
- 4 The visa system and application procedures
- 5 Family and interdependency migration and other Australia-based visas
- 6 Business and investment visas
- 7 Skill-based visas
- 8 Temporary visas
- 9 Miscellaneous visas
- 10 Common visa requirements
- 11 Compliance: unlawful non-citizens, removal and deportation
- 12 History of the refugees convention and definitional framework
- 13 Refugee and humanitarian visas: the statutory structure
- 14 Convention grounds
- 15 Persecution
- 16 Well-founded fear of persecution
- 17 Limits on protection of refugees – cessation, exclusion exceptions and protection by another country
- 18 Time for a fundamental re-think: need as the criterion for assistance
- 19 The determination and review process for migration and refugee decisions
- Index
Preface to the second edition
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- Table of cases
- Table of statutes
- Preface to the second edition
- Acknowledgments
- 1 Historical context to migration
- 2 Immigration control: an overview
- 3 Basic migration legislation and policy
- 4 The visa system and application procedures
- 5 Family and interdependency migration and other Australia-based visas
- 6 Business and investment visas
- 7 Skill-based visas
- 8 Temporary visas
- 9 Miscellaneous visas
- 10 Common visa requirements
- 11 Compliance: unlawful non-citizens, removal and deportation
- 12 History of the refugees convention and definitional framework
- 13 Refugee and humanitarian visas: the statutory structure
- 14 Convention grounds
- 15 Persecution
- 16 Well-founded fear of persecution
- 17 Limits on protection of refugees – cessation, exclusion exceptions and protection by another country
- 18 Time for a fundamental re-think: need as the criterion for assistance
- 19 The determination and review process for migration and refugee decisions
- Index
Summary
A defining aspect of national sovereignty is that nation states have the right to determine which people are permitted to come within their geographical borders. Individuals, like nations, appear to be inherently territorial. In addition to this, a defining aspect of many people's personhood (their core identity) is the place where they were born or live.
Despite the disparate range of interests and projects that individuals have and pursue, there are basic goals that communities invariably share. Thus, in Australia, the current generation (building on the work of earlier generations) has committed enormous resources to building state institutions (such as our political and legal system), hospitals, schools, roads and recreational and sporting amenities and facilities.
These common projects serve to entrench our feeling of community. We also come to share some fundamental values and beliefs.
Immigration policy and law is concerned with setting the parameters by which ‘foreigners’ (or ‘aliens’ as they are called in the Commonwealth Constitution) come to share our community, enjoy our resources and become exposed to our culture and values, whether permanently or for a shorter period. It is, thus, inherently controversial. Limits seemingly need to be placed on the numbers and types of people who can come to Australia.
This book examines the way in which Australia currently responds to this challenge. It is divided into two main sections. The first eleven chapters examine migration law. The next seven chapters look at refugee law.
- Type
- Chapter
- Information
- Migration and Refugee LawPrinciples and Practice in Australia, pp. xxii - xxvPublisher: Cambridge University PressPrint publication year: 2008