Role of the Arms of Government on Immigration in Australia

In Australia, strict laws prevent immigrants from illegally getting into the country. For instance, in the Murugappan family's case, Muruguppan and his wife had entered the country illegally via a boat and gave birth to two children in Australia. However, for about a decade, they had not been given permanent visas to guarantee the protection and safety of their children born in the country and hence had been living in a detention center for immigrants for about four years before the intervention by the minister for immigration (Loftus, 2022). However, the three government arms are directly/ indirectly involved in immigrant affairs, but the federal government takes control to protect the borders and prevent unauthorized entry.

Although the Australian government made it clear that illegal immigrants should not be permitted to settle permanently in the country. However, the minister for immigration offered permanent visas to the Muruguppan family after considering the complex circumstances following their detention. However, due to the country's policies and legislation stating that any unauthorized immigrant should be deported, there was a contradiction regarding the minister's decision (Loftus, 2022). For instance, lawyer Ford stated that allowing the family to settle in the country could undermine the power of legislation. However, the minister stated that he had used the migration Act 1958 section 195A to intervene in the family's case (Murphy, 2022). The Australian law allowed the family to reunite with their community in Biloela using bridging visas as the immigration case gets resolved. Section 195A gave power to the ministers to release detainees in 2005 (Murphy, 2022). However, the parents and children needed to obtain visas separately, illustrating the state's power to prevent obtaining protection for illegal immigrants and visas. However, offering permanent protection visas helps reunite the families, but there has to be a legal procedure before the release.

However, despite the influence of the federal and legislative government on the family's issue, the local government and people's power played a critical role in pushing for a permanent visa for the family. The Biloela's community support for the Muruguppans family and pushing for them to obtain permanent residence pushed the immigration minister to consider their immigration case and the two children born in the country (Tamer, 2022). In addition, the local government, residents, and friends put pressure on the federal government to return the family to Biloela despite the strict border rules on immigration (Tamer, 2022). Therefore, the local and federal governments are involved in making decisions regarding immigrants, although the high court gives the final order.

The Muruguppens family scenario illustrated the functions of the three government arms in matters relating to immigration. For instance, the immigration department is controlled by the federal government. However, the local and Judicial arms play a critical role in decision-making. The judicial arm helps enforce the country's policies and legislation (High Court rejects Biloela Tamil family appeal bid over youngest daughter's visa case 2021). At the same time, the local government puts pressure on the federal government to resolve matters affecting the residents and communities in the country. For instance, the minister decides to offer permanent visas in line with the country's legislation despite the local government's pressure on the family's release (High Court rejects Biloela Tamil family appeal bid over youngest daughter's visa case 2021). Therefore, there has to be a legal procedure despite the pressure.

However, the three government arms are directly/ indirectly involved in immigrant affairs, but the federal government takes control to protect the borders and prevent unauthorized entry. However, the minister stated that he had used the migration Act 1958 section 195A to intervene in the family's case. Therefore, the local and federal governments are involved in making decisions regarding immigrants, although the high court gives the final order.

Bibliography

Anon, 2021. High Court rejects Biloela Tamil family appeal bid over youngest daughter's visa case. SBS News. Available at: https://www.sbs.com.au/news/article/high-court-rejects-biloela-tamil-family-appeal-bid-over-youngest-daughters-visa-case/3bkvhmfhr [Accessed August 17, 2022].

Loftus, T., 2022. Tamil asylum seeker family granted permanent visas after four-year battle. ABC News. Available at: https://www.abc.net.au/news/2022-08-05/qld-biloela-tamil-family-nadesalingam-granted-permanent-visas/101306510 [Accessed August 17, 2022].

Murphy, K., 2022. Back to Bilo for a Tamil family. Eureka Street. Available at: https://www.eurekastreet.com.au/article/back-to-bilo-for-a-tamil-family [Accessed August 17, 2022].

Tamer, R., 2022. Pressure mounts on federal government to bring Biloela family home as election looms. SBS News. Available at: https://www.sbs.com.au/news/article/pressure-mounts-on-federal-government-to-bring-biloela-family-home-as-election-looms/o44m5ppbt [Accessed August 17, 2022].