What responsibility does the Federal government have for immigration?
Answer
Complete responsibility for immigration policy and enforcement
Explanation
The federal government has exclusive responsibility for immigration to Australia, including visa policy, border control, citizenship, refugee and humanitarian programmes, and settlement support for new arrivals. Section 51(xxvii) of the Constitution gives the Commonwealth Parliament power to make laws on immigration and emigration, and section 51(xix) covers naturalisation and aliens.
The Department of Home Affairs administers immigration policy and the Australian Border Force operates border control. The Migration Act 1958 and the Citizenship Act 2007 are the main pieces of legislation. The Department of Foreign Affairs and Trade handles passports and consular matters for Australians overseas. Several tribunals handle review of immigration decisions, including the Administrative Review Tribunal (from late 2024, replacing the Administrative Appeals Tribunal) and the Federal Circuit and Family Court for judicial review.
Immigration to Australia takes several main pathways. The Skilled Migration Programme uses a points-based system to attract people with qualifications and experience in needed areas, with about 137,000 places available in 2024 to 2025. The Family Migration Programme supports family reunion, with about 52,500 places. The Humanitarian Programme settles refugees and humanitarian entrants, with annual intake ranging from 13,750 to 20,000 places. Temporary visas (student, working holiday, temporary skilled work) cover millions of additional people each year.
Australian citizenship is the final step for most permanent migrants. Adult applicants for citizenship by conferral must hold permanent residence, satisfy a residency requirement (currently four years of lawful residence including the 12 months immediately before application), pass an English language and Australian knowledge test, be of good character, and make the Australian Citizenship Pledge at a ceremony. About 200,000 people become Australian citizens each year through ceremonies typically held by local councils. Children born in Australia to a citizen or permanent resident parent are citizens by birth. Children born to two non-permanent-resident parents are not automatically citizens at birth but may be registered as citizens after ten years of residence in Australia.
Why this matters for your test
Immigration is exclusively a federal responsibility and is the pathway most new citizens have taken to join Australia, and recognising the main programmes helps new citizens understand their own and their family's options.
Source: Australian Citizenship: Our Common Bond (2024)
