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); • 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).

Available in the National Library of Australia collection. Procedures advice manual (PAM 3). Guidelines for officers administering migration legislation.

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. W2 Program Dodge County Wi Tax. Do not attempt to use the Murdoch University access to Legendcom after the course is complete.