Immigration Rights
Visa types, protection visas, work rights, visa cancellation, detention, merits review, and citizenship in Australia.
Covered in this guide:
If you're a non-citizen in Australia, you must hold a valid visa under the Migration Act 1958 — if it lapses or is cancelled, you can be detained. The 2023 High Court ruling in NZYQ limited indefinite detention to genuine removal purposes. Refugee claims go through the Protection visa (subclass 866). The Administrative Review Tribunal (which replaced the AAT in 2024) reviews most visa refusals and cancellations. Citizenship runs through the Australian Citizenship Act 2007.
Key Laws
Migration Act 1958
Act No. 62 of 1958 (Cth)
Visa system, visa cancellation, detention, deportation, protection visas
Migration Regulations 1994
Statutory Rules No. 268 of 1994 (Cth)
Visa subclasses, criteria, conditions, and procedural requirements
Australian Citizenship Act 2007
Act No. 20 of 2007 (Cth)
Citizenship by conferral, descent, birth; residence and character requirements
Administrative Review Tribunal Act 2024
Act No. 38 of 2024 (Cth)
Independent merits review of visa decisions (replaced AAT)
Skilled Worker Visas
Australia's employer-sponsored skilled migration runs through three main pathways: the subclass 482 (Temporary Skill Shortage), the subclass 494 (Skilled Employer Sponsored Regional), and the subclass...
Protection Visas (Refugee Status)
If you're in Australia and fear persecution in your home country, you can apply for a Protection Visa (subclass 866) under section 36 of the Migration Act 1958. The visa, when granted, gives you perma...
Student Visas
The Student Visa (subclass 500) lets you study full-time at a registered Australian institution. The course has to be registered on the Commonwealth Register of Institutions and Courses for Overseas S...
Visa Cancellation Protections
The Australian government has two main visa-cancellation powers: section 116 (general cancellation) and section 501 (character-based cancellation). The 501 has been the politically loaded one for the...
Immigration Detention Rights
Under Part 2, Division 7 of the Migration Act 1958, any person in Australia who is an unlawful non-citizen — meaning without a valid visa — must be detained. That's Australia's mandatory detention reg...
Merits Review (Administrative Review Tribunal)
When the Department of Home Affairs refuses or cancels a visa, you generally have the right to merits review at the Administrative Review Tribunal (ART). The ART replaced the AAT and the Migration Rev...
Partner and Family Visas
Australian citizens, permanent residents, and eligible New Zealand citizens can sponsor a partner — spouse or de facto — for a visa. Two main pathways: the onshore partner visa (subclass 820/801) and...
Australian Citizenship
Permanent residents can apply for Australian citizenship by conferral under the Australian Citizenship Act 2007. The headline requirement: you must have lived in Australia on a valid visa for at least...