FEATURE ARTICLE -
Book Reviews, Issue 31: Nov 2008
Division of labour
Many hands make light work. In this case, multiple authors contributed to the work and divided the labour from chapter to chapter. “Each author is responsible for the content of their own chapter, and for any errors or omissions which may have occurred”.
This is not an uncommon approach in the writing of voluminous legal texts, particularly in practices which experience rapid change. Intellectual Property texts have used this approach with much success. Given that departmental policy documents can change up to 20 times each year, the division of labour appears a good approach.
The Immigration System
For new practitioners, the second chapter gives an excellent overview of the structure and the key personnel in the immigration system. As expected, special attention is given to explaining the role and function of the Department of Immigration and Citizenship and the Acts they are responsible for administering. Decision making, delegation of Minister’s powers and even making complaints about the department are all discussed.
Relevant legislation is listed and readers are guided through the particularly relevant parts of the Migration Act 1958 and Migration Regulations 1994. The 20 Ministerial Directions, in effect as at June 2008, are also listed. This is an important list for practitioners to be familiar with as the directions are binding on all entities with powers or functions under the legislation: including the Migration Review, Refugee Review and Administrative Appeals Tribunals.
The third chapter details the obligations imposed on migration agents such as registration, statutory notification obligations and a number of the obligations under the Code of Conduct. A few pages are also dedicated to providing practical tips to migration agents and there is a useful guide to managing a case.
Visas
Obviously, the kit explains the various types of visas and the rules for a visa application to be valid. General information on how to prepare and lodge forms, as well as supporting documents, is included. Rules for communicating with the department are also summarised in a useful grid.
A nice touch is the inclusion of a visa label graphic. The components of the visa label have been identified to assist new practitioners to read a visa label.
Visa application charges and refunds are explained, as well as where to find the latest information sheet setting out these fees.
A chapter is also devoted to explaining how applicants can include additional people in their application. These people are known as “secondary applicants” and require some sort of relationship with the primary applicant.
Further concepts such as Assurances of Support, Public Interest Criteria, Special Return Criteria and English proficiency requirements are all explained at some depth.
The Kit further deals with un-lawful non-citizens and immigration offences: how they are identified, their rights and options. The department’s powers with respect to these matters are outlined from obtaining further information, searches, freezing assets, detention and removal or deportation. Cancellation of visas is also covered in a later chapter.
Other offences related to unlawful non-citizens are also listed. Offences by employers, such as knowingly or recklessly employing illegal workers and associated penalties are given special attention. Other common offences contained in the Migration Act 1958 are also listed such as bringing a person into Australia without a valid visa or knowingly harbouring unlawful non-citizens.
As stated in the introduction: where a specific visa subclass is discussed, additional information is generally provided, namely, references to relevant legislation; application forms and fees; criteria to be met by the primary applicant and any sponsor; eligibility criteria and evidence required; bridging visa eligibility; duration and conditions of the visa; and whether family members can be included in the application.
Review of decisions
Just in case the wheels fall off the application wagon, the Kit dedicates a chapter to reviewing migration decisions. Whether merits review of a decision is available and which tribunal is the appropriate forum is explained in great detail. The roles and functions of the Migration Review, Refuge Review and Administrative Appeals Tribunals are set out in great detail.
Time limits for applications are nicely summarised into very useful grids: divided according to the various tribunals.
Citizenship
Significant changes were made to Australian citizenship legislation in 2007. “The Australian Citizenship Act 1948 was repealed and replaced by the Australian Citizenship Act 2007”. Changes to residence requirements for permanent residents applying for citizenship and the introduction of the citizenship test are all significant recent changes referred to in the Kit.
The Kit thoroughly covers how to become a citizen: explaining automatic eligibility and other means. The criteria to meet for eligibility are clearly listed and easy to follow. Circumstances under which citizenship may be lost are stated as well as how it can be regained.
Conclusion
While there is no substitute for primary sources such as legislation and case law, this work is an excellent resource and will assist lawyers to unravel Australia’s migration law. The final chapter includes a comprehensive list of contacts, referrals and websites which should prove very useful for most practitioners.
For practitioners already familiar with previous editions of this work, be aware that this latest edition should be even more useful as it now includes relevant court cases and reports. These were notably absent from older editions and may well, themselves, justify an upgrade to this latest edition.
As with most publications from this publisher, the Kit is reasonably priced.2
Emmanuel Samios
Footnotes
- http://www.federationpress.com.au/
- The Recommended Retail Price is $125. The direct price is $115.
See http://www.federationpress.com.au/bookstore/book.asp?isbn=9781862876811
