Immigration Rights
Visa types, protection visas, work rights, visa cancellation protections, detention rights, merits review at the AAT, and citizenship pathways under Australian federal immigration law.
Skilled Worker Visas
Australia offers several employer-sponsored visa pathways for skilled workers. The most common are the subclass 482 (Temporary Skill Shortage) visa, the subclass 494 (Skilled Employer Sponsored Region...
Protection Visas (Refugee Status)
If you are in Australia and fear persecution in your home country, you may apply for a Protection Visa (subclass 866) under section 36 of the Migration Act 1958. This visa gives you permanent residenc...
Student Visas
The Student Visa (subclass 500) lets you study full-time at a registered Australian educational institution. You must be enrolled in a course registered on the Commonwealth Register of Institutions an...
Visa Cancellation Protections
The Australian government can cancel your visa under section 116 (general cancellation) or section 501 (character-based cancellation) of the Migration Act 1958. However, you have important natural jus...
Immigration Detention Rights
Under Part 2, Division 7 of the Migration Act 1958, any person in Australia who is an unlawful non-citizen (without a valid visa) must be detained. This is known as Australia's mandatory detention sys...
Merits Review (Administrative Review Tribunal)
If the Department of Home Affairs refuses your visa application or cancels your visa, you generally have the right to seek merits review at the Administrative Review Tribunal (ART). The ART replaced t...
Partner and Family Visas
Australian citizens, permanent residents, and eligible New Zealand citizens can sponsor their partner (spouse or de facto) for a visa. The two main pathways are the onshore partner visa (subclass 820/...
Australian Citizenship
Permanent residents can apply for Australian citizenship by conferral under the Australian Citizenship Act 2007. The main requirements are that you must have lived in Australia on a valid visa for at...