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Migration Policy in Australia Both the Minister for Immigration and Border Protection, and the Department of Immigration and Border Protection, have produced policies and procedures about how they would like the decision maker (Department staff) to interpret and apply the law. This is because the law is quite complex and can change frequently.

Not all terms are defined precisely in the Act and Regulations so there can be real uncertainly in application – policy is supposed to provide that consistency. Ministerial Directions Section 499 of the Migration Act 1958 (Cth) permits the minister to formulate “written directions to a person or body having functions or powers under the Act if the directions are about the performance of those functions.

Or the exercise of those powers”. There are several Directions in force and they relate to diverse matters such as:. assessing a genuine visit for visitor visa purposes (Direction No 36);.

Department of Home Affairs (Cth), Procedures Advice Manual 3: Division 5.3 – Approval of nominated positions (employer nomination). Policy documents. Which citation Rule to apply when citing policy depends upon who generated the policy, and how it is formed. For instance, if it is policy stated in legislation (such as PAM), then Rule 3.4 would apply.

Order of Consideration of applications for sponsorship, nomination and visas under the Skill Stream of the Migration Program and the Temporary Residence Program (Direction No 35); and. visa cancellation and refusal on character grounds (Direction No 21). Decision makers are obliged to comply with a direction made under this section provided such Directions are not inconsistent with the provisions of the Act or the Regulations. Department Policy and Procedures The Department of Immigration and Border Protection produces its own detailed policy material to assist delegates.

The Procedures Advice Manual (PAM) runs to several volumes and is regularly updated. The latest version is PAM3. In addition to PAM, the Migration Series Instructions (MSIs) provide commentary on specific aspects of the legislative scheme and are used by delegates in the decision-making process.

Policy is not legally binding on the Minister, Department of Immigration and Border Protection decision makers, or a tribunal member, but it is generally followed unless the policy itself is inconsistent with the Migration Act 1958 (Cth) or the Migration Regulations 1994 (Cth), or its application would cause an injustice in a particular case. Research Resources The preferred service by most Migration Agents is which has a very sensitive login system - so ensure you are careful when entering your password details. There are only 3 incorrect attempts allowed and then all Murdoch staff and students are barred from using the database until library staff can get into contact with the Department of Immigration and Border Protection to authorise a new password. If a lock out occurs on a Friday afternoon it will not be unlocked until the following Monday (or Tuesday if it is a public holiday). So be careful! Once your course finishes you will no longer have access to Legendcom.

The password will have been changed and if you attempt to login after the course is finished you will lock out the new group of students who are studying the course. Do not attempt to use the Murdoch University access to Legendcom after the course is complete. Due to various factors, such as password problems and limited number of users allowed, the Murdoch University Law Library provides alternate access to the content through Lexis Advance. This database operates on a different subscription system to which Murdoch students have access. Unfortunately the interface is not the same although the content should be. Browsing and Searching for Policy Documents on Legendcom Browsing Step 1: Log in to - remember to be careful with the password! Step 2: Open the Folder you need - most likely Migration - from the top banner, and select the current listing (or the listing with the appropriate date range).

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The 'stack' under this folder is made up of:. A (Acts);. R (Regulations and Legislative Instruments);. Ministerial Directions under s 449 of the Migration Act 1958 (Cth). P (Procedures Advice Manual PAM3);. I (Fast Load Instructions (FLIs) and Migration Series Instructions).

Step 3: Click through the stack selecting the headings of interest by clicking in the box next to the heading. Related legislation and policy documents are hyperlinked to each other;. Pop-up boxes provide value-added information in the form of explanations, background, and links to related information. These can sometimes be easier to use than the stacks for policy. Searching Alternatively you can search through Legendcom:. Click on the Advanced Search tab on the Banner, or use the basic search box from the Legendcom homescreen;.

Enter the terms in to the relevant fields in either search box, then click search. Browsing and Searching for Policy Documents on Lexis Advance Browsing Step 1: Log on to Step 2: Select the Browse drop-down arrow Step 3: Select Publications Australia By Content Type AU Analytical Materials Step 4: From the alphabet, select P Step 5: Scroll down to Procedures Advice Manual and Immigration Legislation Step 6: Click on the Table of Contents link Step 4: Either Search PAM3, or Browse by clicking on the + to expand the document tree to view PAM3 headings Note: Most policy documents in Lexis Advance are not linked to the full text, unlike Legendcom. From Searching Step 1: Log on to Lexis Advance and locate the Publications list on the right-hand side of the page. Step 2: From the bottom of this list, select View all publications. Step 3: Locate the Australian Immigration Law commentary from the list of publications and then select Table of Contents. Step 4: You will be taken to a table of contents page. Lexis Advance will automatically search all content within this commentary unless you choose to select specific parts of the source (i.e.

Just select the PAM3 headings) by clicking on the magnifying glass symbol next to the relevant heading. Step 5: Enter your search terms in the search box at the top of the screen and search. Note: if you are searching for a material discussing 'powers to detain' make sure to use quotation marks around the phrase when you are searching for it. If you have limited your search by selecting specific headings within Australian Immigration Law and cannot find an answer to your question, go back and repeat the search without the specific headings. Form Searching You can also use the Advanced Search form in Lexis Advance to search for policy documents.

From the Lexis Advance homepage, select Advanced Search and then Analytical Materials. Fill in the search forms available, using different fields to limit your search. Once you have reached the results page for your search, limit the results by publication, selecting Australian Immigration Law from the available list of publications. Lexis Advance Tutorials You can access tutorials for using the Lexis Advance database at anytime from the Help tab at the top of the screen on the right-hand side.

Useful information is also available from the page. Double manual piano tutorial.

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