Policy

Primarily the procedural instructions for ministerial delegates to administer the legislation, it is therefore crucial to fully comprehend and clarify policy.

Its main purpose is to explain the Act and Regulations (and associated administrative processes), providing both policy and relevant procedural instruction interpreted in conjunction with legislation.

As departmental statements, policy must be considered and given due weight by ministerial delegates when exercising vested decision-making powers. However, policy must not be regarded as inflexible, and decision-makers are unable to give it the same force as law. Its status is merely a set of administrative guidelines and its contents cannot be elevated into legally relevant considerations or binding representations.

The Department of Immigration and Border Protection is not an advisory body, neither do they have any obligation to assist with the finite details concerning legislation or the regulations and how an individual case may interact with policy interpretation.

mia logo

# #