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).
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 LEGENDcom 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.
Do not attempt to use the Murdoch University access to LEGENDcom after the course is complete.
The Murdoch University Law Library provides alternate access to the content through Lexis Advance.
This database operates on a different subscription system to which Murdoch students have access.
Familiarise yourself with both databases, so that, if you are experiencing access issues (WHICH DOES HAPPEN), you can easily switch to the alternative database.
LEGENDcom content
- migration and citizenship legislation and policy documents
- Migration Act 1958 and Migration Regulations 1994 (from 1 September 1994)
- other migration legislation
- policy documents
- legislative and non-legislative instruments
- Gazette notices
Features
- hyperlinked information
- related legislation and policy documents are linked to each other
(Federal Register of Legislation does not have hyperlinks)
- pop-up information boxes
- give value-added information with explanations, background and links to related information
LEGENDcom Access
1. Click on the database link to LEGENDcom
You can find this link on the Law Subject Guide home page.
2.Select LEGENDcom
3. From the Password table, remember the Username, and copy the password (Ctrl +C)
Warning: LEGENDcom 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 LEGENDcom
until library staff contact 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!
4. Click on Connect 
5. Type in the Username; Paste (Ctrl +V) in the Password
6. Click on Login 
7. Accept the Terms and Conditions
8. Click on Continue 
LEGENDcom Sign out
Be sure to Sign out at the end of your LEGENDcom session
LEGENDcom Help
Scroll to the bottom of LEGENDcom home page to access Training material
Select a User Guide from the list, or watch a video explaining how to use LEGENDcom
LEGENDcom Navigation
You can Browse or Search content on LEGENDcom
LEGENDcom Search
Search is available from the LEGENDcom home page.
Type Search terms, separated by " AND "
Example: 100" AND "partner
Insert the date range relevant to your query.
The Search will then retrieve stacks from this date range.
The legislation and policy is sorted into stacks. Each stack contains the complete set of legislation and policy that was in effect for the specified date range.
Leave the date at the default date if you want the latest content.
Search Results can be filtered by Topic: Migration Citizenship Customs Updates Amendments
Search Results can also be filtered by Folder Type or Category Type
Select Policy and Operational documents to access PAM content
Search terms are highlighted in the Search Results list
Select a relevant Search Result from the list to access a document
Document includes policy, instructions and links to related PAM chapters
LEGENDcom Browse - Policy
You can Browse through the Policy content, if you know which Schedule you are seeking more information on.
Select the LATEST MIGRATION POLICY tile from the LEGENDcom home page to access policy documents (PAM).
Expand the relevant Policy topic
Example: POLICY - MIGRATION REGULATIONS - SCHEDULES - Sch2 Visa 100 - Partner
The Policy document includes instructions for applying the Policy as well as related PAM chapters.
(Don't forget to use the pop-up feature for value-added information with explanations, background and links to related information.)
LEGENDcom Browse - Regulations
You can Browse through the Regulations to see these, as well as related policy content, if you know which Subclass you are seeking more information on.
Select the LATEST MIGRATION REGULATIONS tile from the LEGENDcom home page.
Expand the relevant Regulation
Example: MIGRATION REGULATIONS - SCHEDULE 2 - Subclass 100 - Partner
The Regulation includes a pop-up link (for value-added information with explanations, background and links to related information) as well as a link to policy (PAM chapters).
Example pop-up pane:
Browsing and Searching for Policy Documents on Lexis Advance
Browsing
Step 1: Log on to Lexis Advance
Step 2: Select the Browse drop-down arrow
Step 3: Select Publications > Australia > By Content Type > AU Secondary Materials
Step 4: From the alphabet, select P
Step 5: Scroll down to Procedures Advice Manual and Immigration Legislation
Step 6: Click on the Table of Contents link
Step 4: Either Search PAM3, or Browse by clicking on the + to expand the document tree to view PAM3 headings
Note: Most policy documents in Lexis Advance are not linked to the full text, unlike LEGENDcom.
Searching
Step 1: Log on to Lexis Advance and locate the Publications list on the right-hand side of the page.
Step 2: From the bottom of this list, select View all publications.
Step 3: Locate the Australian Immigration Law commentary from the list of publications and then select Table of Contents.
Step 4: You will be taken to a table of contents page. Lexis Advance will automatically search all content within this commentary unless you choose to select specific parts of the source (i.e. just select the PAM3 headings) by clicking on the magnifying glass symbol next to the relevant heading.
Step 5: Enter your search terms in the search box at the top of the screen and search.
Note: if you are searching for a material discussing "powers to detain" make sure to use quotation marks around the phrase when you are searching for it.
If you have limited your search by selecting specific headings within Australian Immigration Law and cannot find an answer to your question, go back and repeat the search without the specific headings.
Form Searching
You can also use the Advanced Search form in Lexis Advance to search for policy documents.
From the Lexis Advance homepage, select Advanced Search and then Secondary Materials.
Fill in the search forms available, using different fields to limit your search.
Once you have reached the results page for your search, limit the results by publication, selecting Australian Immigration Law from the available list of publications.
Lexis Advance Tutorials
You can access tutorials for using the Lexis Advance database at anytime from the Help tab at the top of the screen on the right-hand side.
Useful information is also available from the Database User Guides page.