In this blog, we go over some general provisions about visa that the Migration Act 1958 outlines. We will explore Section 28, Section 29, Section 30 and Section 31.
Under general provisions about visa, Section 28 provides the interpretation of a term. It states that in this Division "specified period" includes the period until a specified date.
Read on below to find out more information about other Sections related to general provisions about visa under the Migration Act 1958.
General Provisions About Visa: Section 29 "Visas"
Section 29 of the Migration Act is titled "Visas" under general provisions about visa. There are number subsections and points that Section 29 outlines. Firstly, subsection (1) states that, subject to this Act, the Minister may grant a non-citizen permission, in the form of a visa, to do either or both of the following:
- travel to and enter Australia;
- remain in Australia.
Note that a maritime crew visa is generally permission to travel to and enter Australia only by sea (as well as being permission to remain in Australia). Moreover subsection (2) under Section 29 states that without limiting subsection (1) a visa to travel to, enter, or remain in Australia may be one to:
- travel to and enter Australia during a prescribed or specified period, and
- if, and only if the holder travels to and enters during that period, remain in Australia during a prescribed period or specified period or indefinitely
Subsection (3) states that without limiting subsection (1), a visa to travel to, enter and remain in Australia may be one to:
- travel to and enter Australia during a prescribed or specified period, and
- if and only if the holder travels to and enters during that period : a) remain in it during a prescribed or specified period or indefinitely, and b) if the holder leaves Australia during a prescribed or specified period, travel and re-enter it during a prescribed or specified period.
Subsection (4) states that without limiting Section 83 (person taken to be included in a visa), the regulations may provide for a visa being held by 2 or more persons.
Section 30: Kinds of Visas
This is an important Section when understanding general provisions about visa that the Migration Act lays out. Section 30 on kinds of visas states the following:
- A visa to remain in Australia (whether also a visa to travel to and enter Australia) may be a visa, to be known as a permanent visa, to remain indefinitely.
- A visa to remain in Australia (whether also a visa to travel to and enter Australia) may be a visa, to be known as a temporary visa, to remain:
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(a) during a specified period, or
(b) until a specified event happens, or
(c) while the holder has a specified status
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Section 31: Classes of Visas
Subsection (1) under Section 31 states that there are to be prescribed "classes of visas." It is important to know about these classes of visas when reading up on general provisions about visa. In the table below, we outline the classes of visas as Section 31 highlights.
| Sections | Class of Visa |
| Section 32 | Special Category Visas |
| Section 33 | Special Purpose Visas |
| Section 34 | Absorbed Person Visas |
| Section 35 | Ex-citizen Visas |
| Section 35A (2) | Permanent Protection Visas |
| Section 35A (3) | Temporary Protection Visas |
| Section 35A(3A) | Safe Haven Enterprise Visas |
| Section 37 | Bridging Visas |
| Section 37A | Temporary Safe Haven Visas |
| Section 38 | Criminal Justice Visas |
| Section 38A | Enforcement Visas |
| Section 38B | Maritime Crew Visas |
Subsection (3) states that the regulations may prescribe criteria for a visa or visas of a specified class (which, without limiting the generality of this subsection, may be a class provided for by Section 32, 35A, 37, 37A or 38B but not by section 33, 34, 35, 38 or 38A.
Subsection (3A) states that to avoid doubt, subsection (3) mentioned above does not require criteria to be prescribed for a visa or visas including, without limitation, visas of the following classes:
- special category
- permanent protection
- temporary protection
- safe haven enterprise
- bridging
- temporary safe haven
- maritime crew
Note that an application for any of these visas is invalid if criteria relating to both the application and the grant of the visas have not been prescribed. Also note that if criteria are prescribed by the regulations for any of these visas, the visa cannot be granted unless any criteria prescribed by this Act, as well as any prescribed by regulation, are satisfied.
Subsection (4) states that the regulations may prescribe whether visas of a class are visas to travel to and enter Australia, or remain in Australia, or both. Lastly, subsection (5) of Section 31 states that a visa is a visa of a particular class if this Act or the regulations specify that it is a visa of that class.
Importance of Seeking Advice From Immigration Lawyers
You may find that applying for a visa after fulfilling all requirements is a complex process. For these reasons, it is always better to speak with leading migration lawyers who can provide you with legal advice for your matter.
Having a professional to guide you for all visa application procedures is beneficial as this ensures that you do not make any mistakes. Moreover, you may also feel more confident after engaging the services of a lawyer.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.