Australia Immigration Law Glossary

Definitions of 101 key terms used in Australia immigration law, with citations to the Migration Act 1958 (Cth) and Migration Regulations 1994 (Cth).

Australia Migration Act 1958 (Cth)

A

Accredited sponsor — An accredited sponsor is a standard business sponsor that has been granted accredited status by the Department of Home Affairs based on a strong compliance record. Accredited sponsors receive priority processing of visa applications and nominations.
Administrative Review Tribunal (ART) — The Administrative Review Tribunal is the federal tribunal that conducts independent merits review of administrative decisions, including most visa refusal and cancellation decisions under the Migration Act 1958. It replaced the Administrative Appeals Tribunal, the Migration Review Tribunal, and the Refugee Review Tribunal in October 2024.
Annual migration program — The annual migration program is the Australian Government's yearly allocation of permanent migration places across the Skill Stream, Family Stream, and Special Eligibility Stream. The size and composition of the program is announced in the federal budget.
ANZSCO (Australian and New Zealand Standard Classification of Occupations) — ANZSCO is the standard occupational classification used in Australian and New Zealand skilled migration. Each occupation is assigned a six-digit code and a skill level (1–5). Skilled visa applications require nomination of an ANZSCO occupation that is on a current skilled occupation list.
Assessing authority — An assessing authority is a body designated to assess whether an applicant's overseas qualifications and work experience in a particular occupation are suitable for migration to Australia. A positive skills assessment from the relevant assessing authority is required for most skilled migration visa applications.
Australia's international obligations (migration context) — Australia's international obligations in the immigration context refers principally to the duty of non-refoulement under the 1951 Refugee Convention and Protocol and the Convention Against Torture, reflected in the protection visa framework in Part 2 of the Migration Act 1958.
Australian Border Force (ABF) — Australian Border Force is the operational border law enforcement arm of the Department of Home Affairs, responsible for enforcing customs and immigration laws at Australia's borders and within Australia.
Australian citizen — An Australian citizen holds citizenship under the Australian Citizenship Act 2007. Citizens are not subject to the Migration Act 1958 in respect of their own right to enter and remain in Australia.

B

Biometrics (Australian immigration) — Biometrics in the Australian immigration context refers to the collection of fingerprints and facial images from visa applicants and border arrivals for identity verification and immigration compliance purposes.
Bridging visa — A bridging visa is a temporary visa that allows a person who has applied for a substantive visa to remain lawfully in Australia while their application is being processed.
Bridging visa E (BVE) — A Bridging Visa E is a temporary bridging visa granted to persons whose substantive visa has ceased and who need time to depart Australia, have certain review applications pending, or are in circumstances where another bridging visa is not available.

C

Cancellation — Cancellation is the power under the Migration Act 1958 to revoke a visa that has been granted. Upon cancellation the visa ceases to be in force, and the former holder becomes an unlawful non-citizen.
Cessation of refugee status — Cessation provisions in the Refugee Convention and the Migration Act provide that refugee status ends in specified circumstances, including where the person has re-availed themselves of the protection of their country of nationality.
Character test — The character test in s 501 of the Migration Act 1958 is the statutory framework used to determine whether a non-citizen is of good character for visa grant and cancellation purposes. Failure to satisfy the test is a ground for visa refusal or cancellation.
Commonwealth Register of Institutions and Courses for Overseas Students (CRICOS) — CRICOS is the register of Australian education providers and courses that are approved to enrol international students on student visas. Only CRICOS-registered courses satisfy the enrolment requirement for a student visa.
Community detention — Community detention is an arrangement under which a person in immigration detention is placed to live in the community under a residence determination made by the Minister for Home Affairs. The person is legally in immigration detention but resides at a specified address rather than in an immigration detention centre.
Complementary protection — Complementary protection refers to Australia's non-refoulement obligations under human rights treaties beyond the Refugee Convention, codified in s 36(2)(aa) of the Migration Act 1958. A person who is not a refugee may nonetheless engage complementary protection if returning them would expose them to significant harm.
Condition 8503 (no further stay) — Condition 8503 is a visa condition attached to certain temporary visas (notably visitor visas) that prohibits the holder from being granted another substantive visa while in Australia. It is known colloquially as the "no further stay" condition.

D

Department of Home Affairs — The Department of Home Affairs is the Australian Government department responsible for immigration, border management, citizenship, multicultural affairs, and national security. It administers the Migration Act 1958 and the Australian Citizenship Act 2007.
Departure Prohibition Order — A departure prohibition order (DPO) is an order issued by the Commissioner of Taxation (or authorised officer) that prohibits a person from leaving Australia where they have an unresolved tax debt or are under investigation. DPOs interact with migration law in the context of departing Australia.
Departure prohibition order (DPO) — A departure prohibition order (DPO) is an order issued under the Migration Act 1958 or the Taxation Administration Act 1953 that prohibits a person from departing Australia. In the migration context, DPOs may be issued against persons subject to removal who are attempting to leave before completion of debt recovery or other proceedings.
Designated Area Migration Agreement (DAMA) — A Designated Area Migration Agreement (DAMA) is a formal arrangement between the Australian Government and a state, territory, or regional authority that allows employers in that area to sponsor overseas workers for occupations and at salary levels not available under standard employer-sponsored visa pathways.
Dual intent — Dual intent describes a visa application scenario where the applicant simultaneously holds both a temporary entry intention and an intention to apply for permanent residence. Australian immigration law does not have a formal dual intent provision but officers assess the consistency of stated intentions.

E

Education Services for Overseas Students Act 2000 (ESOS Act) — The ESOS Act is the Commonwealth statute that establishes the quality and consumer protection framework for overseas students studying in Australia. It operates alongside the Migration Act to regulate the student visa system.
Employer Nomination Scheme (ENS) — Subclass 186 — The Employer Nomination Scheme visa (Subclass 186) is a permanent employer-sponsored visa for workers nominated by an approved Australian employer. It is available through the Direct Entry stream, the Temporary Residence Transition stream (for holders of certain temporary visas), and the Labour Agreement stream.
Exclusion clause (refugee law) — The exclusion clauses in Article 1F of the Refugee Convention remove refugee protection from persons who have committed war crimes, crimes against humanity, serious non-political crimes outside the country of refuge before admission, or acts contrary to the purposes of the United Nations.
Expression of Interest (EOI) — An Expression of Interest (EOI) is a declaration of intent to apply for a points-tested skilled migration visa, submitted through SkillSelect. An EOI is not a visa application.

F

Fast track review — Fast track review is a limited merits review process under Part 7AA of the Migration Act 1958 that applies to certain protection visa applicants, primarily unauthorised maritime arrivals. The review is conducted by the Administrative Review Tribunal (Immigration Assessment Authority division) and is more limited in scope than standard refugee review.
Federal Court (migration judicial review) — The Federal Court of Australia and the Federal Circuit and Family Court of Australia (Division 2) exercise judicial review jurisdiction over migration decisions. Review is available for jurisdictional error, not for merits review.

G

Genuine temporary entrant (GTE) — The genuine temporary entrant criterion requires that an applicant for a temporary visa genuinely intends to stay in Australia temporarily. It applies most prominently to student visa applications.
Genuine visitor — The genuine visitor criterion assesses whether a Subclass 600 visitor visa applicant genuinely intends to visit Australia temporarily and will comply with visa conditions, including departing before the visa expires.
Global Special Humanitarian visa (Subclass 202) — The Global Special Humanitarian (GSH) visa (Subclass 202) is an offshore humanitarian visa for persons living outside their home country who are subject to substantial discrimination amounting to a gross violation of their human rights. It is part of Australia's Humanitarian Program.

H

Health requirement — The health requirement is a criterion for most Australian visa subclasses requiring applicants and secondary applicants to meet specified health standards. Assessment is by a Medical Officer of the Commonwealth (MOC) following panel physician examinations.
Health requirement (Australian visas) — The health requirement is a public interest criterion that visa applicants and their family members must satisfy. It assesses whether the applicant has a condition that would be a significant cost to or prejudice of access to health or community services in Australia.

I

Immigration detention — Immigration detention is the physical custody of a non-citizen by or on behalf of an immigration officer, as defined in s 5(1) of the Migration Act 1958. Detention of unlawful non-citizens is mandatory under s 189.
Immigration detention centre (IDC) — An immigration detention centre is an approved place of immigration detention where unlawful non-citizens and certain other persons are held under the Migration Act 1958 pending visa grant, removal, or release on a bridging visa.
Inadmissibility — In Australian immigration law, "inadmissibility" commonly refers to the ground on which a visa application may be refused or a visa cancelled because the applicant or holder does not satisfy a criterion, including health, character, or security requirements.

L

Labour agreement — A labour agreement is a negotiated arrangement between the Commonwealth and an employer or industry body that allows the employer to sponsor workers from overseas in occupations or on terms not available under the standard sponsorship framework.
Labour market testing (LMT) — Labour market testing is the requirement for certain employer sponsors to demonstrate, before nominating a position for an overseas worker, that they have genuinely attempted to recruit an Australian citizen or permanent resident for the position.
Lawful non-citizen — A lawful non-citizen is a non-citizen in the migration zone who holds a visa that is in effect, as defined in s 13 of the Migration Act 1958. Lawful non-citizens are not subject to mandatory detention.

M

Mandatory detention — Mandatory detention refers to the requirement under s 189 of the Migration Act 1958 that an officer who knows or reasonably suspects that a person is an unlawful non-citizen must detain that person. Detention is automatic and non-discretionary — the officer has no power to release without authorisation.
Migration agent — A migration agent is a person registered under Part 6 of the Migration Act 1958 to provide immigration assistance. Only registered migration agents (and certain lawyers) may charge a fee for providing immigration assistance in Australia.
Migration Agent Registration Number (MARN) — A MARN is the unique identifier assigned by MARA to each registered migration agent. It must be displayed on all client communications and promotional material.
Migration Agents Registration Authority (MARA) — MARA is the statutory body responsible for registering, regulating, and disciplining migration agents in Australia under Part 3 of the Migration Act.
Migration zone — The migration zone is the territorial area to which the Migration Act 1958 applies, defined in s 5(1) as comprising the States, Territories, Australian resource installations, and Australian sea installations.
Minister for Home Affairs — The Minister for Home Affairs is the federal minister responsible for administering the Migration Act 1958, the Australian Border Force Act 2015, and related legislation. The Minister has direct statutory decision-making powers under the Migration Act, some of which are non-delegable.
Ministerial intervention — Ministerial intervention refers to the personal powers of the Minister for Immigration to substitute a more favourable decision for a tribunal decision, or to lift statutory bars, in circumstances where the Minister thinks it is in the public interest to do so.

N

National Code of Practice (ESOS National Code) — The National Code is the set of standards under the ESOS Act that registered education providers must comply with in delivering services to international students, covering marketing, enrolment, course progress, and student support.
Nomination (employer sponsored visas) — A nomination is an application by an approved sponsor or business owner to the Department of Home Affairs to nominate a position and a specific applicant for an employer-sponsored visa. Approval of the nomination is a prerequisite to grant of most employer-sponsored visas.
Non-citizen — A non-citizen is any person who is not an Australian citizen, as defined in s 5(1) of the Migration Act 1958. All non-citizens in the migration zone must hold a visa or face immigration detention.
Non-refoulement — Non-refoulement is the principle of international law that prohibits the return of a person to a country where they would face persecution, torture, or serious harm. It underpins Australia's protection visa framework.

O

Occupation ceiling — An occupation ceiling is the annual cap on the number of invitations to apply issued for a particular occupation in the points-tested skilled migration program through SkillSelect.
Offshore entry person — An offshore entry person is a non-citizen who entered Australia at an excised offshore place (such as Christmas Island, Cocos (Keeling) Islands, or Ashmore and Cartier Islands) without a valid visa. The concept is distinct from, but related to, the unauthorised maritime arrival definition.
Offshore visa — An offshore visa is one that can only be granted when the applicant is outside Australia at the time of grant. The Migration Regulations specify whether each visa subclass requires the applicant to be offshore, onshore, or either at the time of grant.
Onshore visa — An onshore visa is one that can only be granted when the applicant is in Australia at the time of grant. Applications for onshore-only visas made from outside Australia will be refused because the applicant cannot satisfy the location criterion at the time of decision.

P

Partner visa — The partner visa pathway allows Australian citizens, permanent residents, and eligible New Zealand citizens to sponsor their spouse or de facto partner for Australian permanent residence. The pathway involves a temporary partner visa (Subclass 820/309) followed by a permanent partner visa (Subclass 801/100).
Permanent visa — A permanent visa is a visa that permits a non-citizen to remain in Australia indefinitely, as defined in s 30 of the Migration Act 1958. Permanent visas do not expire and confer a pathway to Australian citizenship.
Points test — The points test is the mechanism under the Migration Act 1958 by which skilled migration visa applicants are assessed based on a points score. An applicant must reach the pass mark to satisfy the points test.
Points-tested visa — A points-tested visa is a skilled migration visa for which selection depends on a points score calculated under the points test in Part 6.2 of the Migration Regulations 1994. Applicants submit an Expression of Interest in SkillSelect and are invited to apply based on their score.
Primary criteria — Primary criteria are the eligibility requirements that the primary applicant for a visa must meet. They are distinguished from secondary criteria, which apply to members of the family unit included in the application.
Privative clause — A privative clause is a statutory provision that limits or excludes judicial review of a decision. Section 474 of the Migration Act 1958 purports to make migration decisions "final and conclusive" and not subject to judicial review, though the High Court has held that it cannot exclude review for jurisdictional error.
Procedural fairness (migration law) — Procedural fairness is the obligation on decision-makers to give applicants an opportunity to respond to adverse information before making a decision that affects their interests. In migration law, it is codified in specific invitation-to-comment provisions.
Procedural fairness (natural justice) — Procedural fairness (also called natural justice) in Australian immigration law requires that decision-makers give applicants notice of adverse information and a genuine opportunity to respond before making a decision that adversely affects their interests.
Protection visa — A protection visa is a visa granted to a non-citizen who engages Australia's protection obligations under the Refugees Convention or on complementary protection grounds, under s 36 of the Migration Act 1958.
Public interest criteria (PIC) — Public interest criteria are standard requirements that applicants for most Australian visa classes must meet, including health, character, and debt to the Commonwealth requirements. They are set out in Schedule 4 of the Migration Regulations 1994.

R

Refugee — A refugee in Australian immigration law is a person who is outside their country of nationality and is unable or unwilling to return to it due to a well-founded fear of persecution for reason of race, religion, nationality, membership of a particular social group, or political opinion, as defined in the 1951 Refugee Convention.
Regional area (migration) — In the context of Australian skilled migration, "regional area" is defined in legislative instruments and refers to areas outside of Sydney, Melbourne, and Brisbane (with some exceptions). Residing and working in a regional area is a criterion for certain visa subclasses including Subclass 491 and Subclass 494.
Regional certifying body (RCB) — A regional certifying body is an entity designated by the Australian Government to certify that a business satisfies the requirements to participate in certain regional visa programs, such as regional sponsorship or business streams requiring regional investment.
Removal — Removal is the process by which an unlawful non-citizen is physically returned from Australia to another country, under s 198 of the Migration Act 1958. Removal is an administrative process, distinct from deportation.

S

Safe Haven Enterprise Visa (SHEV) — A Safe Haven Enterprise Visa (Subclass 790) is a temporary visa available to certain unauthorised maritime arrivals found to engage Australia's protection obligations. It provides work rights and a pathway for the holder to apply for certain onshore visas if they live and work in a regional or specified area for at least three and a half years.
Schedule 8 — Visa conditions — Schedule 8 of the Migration Regulations 1994 sets out the standard conditions that may be attached to visa grants, identified by condition numbers (e.g., 8101, 8501, 8503).
Secondary applicant — A secondary applicant is a member of the family unit of a primary visa applicant who is included in the same visa application. Secondary applicants are subject to the same visa criteria as the primary applicant and, if the primary application is refused, the secondary application is usually also refused.
Secondary criteria — Secondary criteria are the simplified eligibility requirements that members of the family unit (secondary applicants) must satisfy to be included in a visa application as secondary applicants.
Skilling Australians Fund (SAF) levy — The SAF levy is a training contribution charge payable by employers who sponsor overseas workers on Skills in Demand (Subclass 482) visas and nominate workers for Employer Nomination Scheme (Subclass 186) visas.
Skills assessment — A skills assessment is a formal evaluation by a designated assessing authority that determines whether an applicant's qualifications and work experience are suitable for a nominated occupation in Australia.
Skills in Demand visa (Subclass 482 replacement) — The Skills in Demand visa (SID) replaced the Temporary Skill Shortage visa (Subclass 482) for most applicants from December 2024. It introduced three streams — Specialist Skills, Core Skills, and Essential Skills — with differentiated occupation lists, salary thresholds, and pathways to permanent residence.
SkillSelect — SkillSelect is the Australian Government's online system for managing Expressions of Interest (EOIs) for points-tested skilled migration visas. It is used to select and invite applicants for the Subclass 189, 190, and 491 visas.
Special purpose visa — A special purpose visa is a visa granted by operation of law under the Migration Act 1958 to specified categories of persons, without the need for an application, including visiting government officials and certain crew members.
Sponsor — A sponsor is a person or entity approved under the Migration Act 1958 to sponsor a non-citizen for certain visa classes. Approved sponsors have legally binding obligations to the sponsored worker and to the Commonwealth.
Sponsorship obligation — Sponsorship obligations are duties imposed on approved sponsors under the Migration Act 1958 and Regulations, including obligations to pay equivalent terms and conditions, meet costs, not recover certain costs from sponsored workers, and cooperate with inspections.
Standard business sponsor (SBS) — A standard business sponsor is a business entity approved by the Department of Home Affairs to nominate workers for employer-sponsored visas, including the Skills in Demand visa (Subclass 482) and Employer Nomination Scheme (Subclass 186).
Subclass 186 — Employer Nomination Scheme (ENS) visa — The Subclass 186 is a permanent employer-sponsored visa for skilled workers nominated by an approved Australian employer. It has three streams: Direct Entry, Temporary Residence Transition, and Agreement.
Subclass 189 — Skilled Independent visa — The Subclass 189 is a permanent points-tested visa for skilled workers who are not sponsored by an employer or state/territory and who have been invited through SkillSelect based on their Expression of Interest.
Subclass 190 — Skilled Nominated visa — The Subclass 190 is a permanent points-tested visa for skilled workers who have been nominated by a state or territory government and invited through SkillSelect. State/territory nomination adds 5 points to the applicant's points score.
Subclass 482 — Skills in Demand visa (formerly TSS) — The Subclass 482 Skills in Demand visa (formerly Temporary Skill Shortage visa) is the primary temporary employer-sponsored skilled visa for workers in nominated occupations. It replaced the Subclass 457 visa in 2018.
Subclass 485 — Temporary Graduate visa — The Subclass 485 Temporary Graduate visa allows international students who have recently graduated from an Australian institution to live, study, and work in Australia for up to 4 years (or longer in regional areas).
Subclass 491 — Skilled Work Regional (Provisional) visa — The Subclass 491 is a provisional points-tested visa for skilled workers who are nominated by a state/territory or sponsored by an eligible relative living in a designated regional area. It provides a pathway to permanent residence via Subclass 191.
Subclass 500 — Student visa — The Subclass 500 is the primary student visa for persons wishing to study at CRICOS-registered institutions in Australia. It allows work rights of up to 48 hours per fortnight during the academic term.
Subclass 600 — Visitor visa — The Subclass 600 Visitor visa is the main temporary visa for tourism, visiting family, and short-term business visitor activities. It does not allow work or study (beyond short-term).
Subclass 820 — Partner visa (temporary) — The Subclass 820 is a temporary partner visa for persons in a genuine marriage or de facto relationship with an Australian citizen, permanent resident, or eligible NZ citizen. It is a step toward the permanent Subclass 801 partner visa.
Substantive visa — A substantive visa is any visa other than a bridging visa, criminal justice visa, or enforcement visa. The distinction matters for determining which visa a person holds and for various provisions that apply only to holders of substantive visas.

T

Temporary Protection Visa (TPV) — A Temporary Protection Visa (Subclass 785) is a temporary visa granted to an unauthorised maritime arrival who is found to engage Australia's protection obligations. It does not provide a pathway to a permanent protection visa.
Temporary Skilled Migration Income Threshold (TSMIT) — The TSMIT is the minimum annual earnings a sponsored worker must receive for their nomination to be approved in the employer-sponsored skilled migration program. It is indexed annually.
Temporary visa — A temporary visa is a visa that permits a non-citizen to remain in Australia for a limited period, as prescribed in s 30 of the Migration Act 1958. Temporary visas expire and do not confer a direct pathway to citizenship.
Tribunal (migration review) — In Australian immigration law, "tribunal" commonly refers to the Administrative Review Tribunal (ART), which since October 2024 has conducted merits review of migration and refugee decisions, replacing the former Administrative Appeals Tribunal (AAT), Migration Review Tribunal (MRT), and Refugee Review Tribunal (RRT).

U

Unauthorised maritime arrival — An unauthorised maritime arrival (UMA) is a non-citizen who enters or attempts to enter Australia by sea without a valid visa, as defined in s 5AA of the Migration Act 1958. UMAs face significant restrictions on visa access.
Unlawful non-citizen — An unlawful non-citizen is a non-citizen in the migration zone who does not hold a visa in effect, as defined in s 14 of the Migration Act 1958. Unlawful non-citizens are subject to mandatory detention under s 189.

V

Visa — A visa is a permission granted under the Migration Act 1958 for a non-citizen to travel to and enter Australia, remain in Australia, or both. All non-citizens in the migration zone must hold a visa to be lawful non-citizens.
Visa application charge (VAC) — The visa application charge is the fee payable when lodging a visa application. It is set by regulation and varies by visa subclass, stream, and applicant category. Most fees are non-refundable.

W

Work (migration definition) — In migration law, "work" means an activity that is ordinarily remunerated in Australia, as defined in s 5(1) of the Migration Act 1958. The definition determines whether a visa condition restricting or prohibiting work has been breached.