Australian migration zone

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The Australian migration zone refers to the parts of Australian territory where a non citizen must hold a visa to legally enter and remain. It includes all states and mainland territories, plus some external territories, at the mean low water mark.

In September 2001 the Federal Parliament passed the Migration Amendment (Excision from Migration Zone) Act and the Migration Amendment (Excision from Migration Zone) (Consequential Provisions) Act. These pieces of legislation excised certain external territories from the migration zone, for purposes relating to unauthorised arrivals. These territories included Ashmore Island, Cartier Islands, Christmas Island, and Cocos Islands.

In an excised area, an unauthorised arrival has no right to apply for a visa. Asylum seekers who land in an excised area of Australian territory, may apply for refugee status with the UNHCR. However, Australia has no obligation to grant them a visa to settle permanently in Australia (as opposed to temporary protection) and they have no recourse to Australian courts.

The acts also included the powers to move unauthorised arrivals to another country where their claim for protection could be considered. These changes allowed for thousands of asylum seekers to be moved to immigration detention facilities on Christmas Island, Nauru, and Manus Island.

In subsequent years the government excised many islands, sometimes attempting to do so retroactively after boat people had already landed.

The excising of islands from the Australian migration zone remains a very controversial aspect of Australian immigration policy. Refugee advocates argue that Australia is not meeting its obligations under international law to protect refugees. This is not accepted by the Australian government, which contends that international law obliges Australia to provide temporary protection only and not necessarily a permanent settlement.

[edit] Effect of excision on sovereignty

At times there has been confusion over the effect on Australia's sovereignty over the excised area. Various constitution authorities have voiced the opinion that excising territory from the migration zone does not affect Australia's sovereignty.

The 'excision' of areas from the migration zone has no impact on the rights of Australian citizens and permanent residents to travel to and remain in that area, and no documentation is required to travel between these areas and the rest of Australia. Nor is there any impact on the rights of those non-citizens who arrive in these territories with valid visas.

For example, the territory of Norfolk Island, although under Australian sovereignty, is entirely outside the migration zone, as are the uninhabited territories of Heard Island and McDonald Islands (in the Southern Ocean) and the Australian Antarctic Territory.