Migrating and Multiculturalism (HSC SSCE Legal Studies): Revision Notes
Migrating and Multiculturalism
Introduction to migration in Australia
Australia's migration story began with the arrival of the First Fleet in 1788. Since then, major events such as gold rushes and world wars have significantly increased migrant numbers and transformed Australian society.
Today, Australia controls who can enter and settle permanently through strict immigration policies.
In 2013–14, approximately 184,000 new migrants settled permanently in Australia, demonstrating the scale of Australia's ongoing commitment to migration.
Current migration program
The Australian migration program for 2014–15 allocated 190,000 places across three categories:
- Family migrants (60,885 places): Individuals sponsored by family members already living in Australia
- Skilled migrants (128,550 places): People with business experience, professional skills, qualifications, or business sponsorship
- Special eligibility migrants (565 places): Former Australian citizens or permanent residents who maintained strong personal, cultural or business ties with Australia
Balancing rights and needs
Although Australia has a long migration and multicultural history, newcomers have not always received equal treatment under the law and have faced significant disadvantages.
Authorities recognise that maintaining a harmonious, healthy and balanced society requires the law to balance migrants' rights and needs against public opinion about the numbers and types of migrants granted visas and residency. This balance remains a central challenge in modern immigration policy.
Legal framework for immigration
Constitutional power
Section 51(xxvii) of the Australian Constitution grants the Federal Parliament power to make laws concerning immigration. The federal government issues visas that permit people to travel to, enter and remain in Australia.
Migration Act 1958 (Cth)
Current migration law is contained in the Migration Act 1958 (Cth). This comprehensive legislation has been amended numerous times and now contains over 500 sections and 200 regulations. These laws and processes form the area of law known as immigration law.
The extensive nature of the Migration Act 1958 (Cth), with over 500 sections and 200 regulations, reflects the complexity of modern immigration policy and the need to address diverse situations and circumstances.
Visa types
The government issues different visa types depending on the purpose and duration of stay:
- Temporary visas: For studying, short work placements and tourist travel
- Permanent visas: For those seeking to settle in Australia permanently
Administrative body
The Department of Immigration and Border Protection (DIBP) assesses all applications from people wishing to migrate to Australia.
Understanding multiculturalism
Benefits of multiculturalism
Multiculturalism has greatly enriched Australian society by providing access to diverse arts, literature, food and music that Australians widely appreciate. However, genuine multiculturalism must extend beyond these cultural elements to create a truly cohesive and equal society.
Historical evolution of migration policies
Australia's approach to migration has evolved significantly over time through three distinct policy phases:
Assimilation (1901 to mid-1960s)
Under the official policy of assimilation, migrants were expected to adopt the 'Australian way of life' and abandon their own cultural practices. This policy operated from Federation in 1901 until the mid-1960s.
Assimilation meant forcing migrants to give up their cultural identity and conform completely to mainstream Australian culture. This approach reflected the dominant social attitudes of the early 20th century but ultimately proved unsustainable and discriminatory.
Integration (mid-1960s to mid-1970s)
The shift to integration occurred partly because excluded migrants expressed their dissatisfaction at the polls, prompting government attention. Key reforms during this period included:
- Softening of the White Australia Policy
- Increased resources for assisting new settlers
Under integration, migrants were not required to abandon their languages and cultural practices. Instead, these aspects of their identity were seen as enhancing their full participation in an integrated Australian culture.
Multiculturalism (1970s onwards)
The term 'multiculturalism' came into common use during the 1970s. Multiculturalism celebrates the cultural diversity of society and recognises the benefits that migration brings.
In 1972, the Minister for Immigration, Al Grassby, called for abandoning assimilation and integration policies. He advocated for a more tolerant approach to the various cultures existing within the community.
Comparing Policy Approaches:
Assimilation (pre-1960s):
- Migrants forced to abandon cultural identity
- "Australian way of life" imposed
- Cultural diversity suppressed
Integration (1960s-1970s):
- Migrants could retain some cultural practices
- Cultural identity seen as complementary
- Gradual acceptance of diversity
Multiculturalism (1970s onwards):
- Cultural diversity actively celebrated
- Equal recognition of all cultures
- Migration benefits acknowledged
The Galbally Report (1978)
The Australian Government investigated migrants' needs, releasing findings in 1978 in the Galbally Report, named after committee chair Frank Galbally.
The report made critical findings that transformed Australian migration policy:
- Migrants were socially, economically and politically disadvantaged
- The only way to overcome this discrimination was to adopt a policy of multiculturalism
This report marked a turning point in Australian migration policy, shifting from integration to genuine multiculturalism.
White Australia Policy
The White Australia Policy was the government policy that permitted only Europeans and English-speaking people to immigrate to Australia. So-called 'undesirables' were excluded through the infamous 'Dictation Test'.
Exam guidance
When answering exam questions about migration and multiculturalism:
- Analysis questions: Examine how migration policies have evolved over time and evaluate their effectiveness in addressing discrimination
- Evaluation questions: Assess the balance between migrants' rights and public opinion, considering both legal frameworks and social outcomes
- Assessment questions: Consider the effectiveness of current legislation (Migration Act 1958) in achieving fair outcomes for migrants
Always support your arguments with specific examples, such as the Galbally Report findings or the shift from assimilation to multiculturalism.
Remember!
Key Points to Remember:
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Australia's migration program for 2014–15 allocated 190,000 places across three streams: family (60,885), skilled (128,550), and special eligibility (565)
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Section 51(xxvii) of the Constitution gives Federal Parliament power over immigration, implemented through the Migration Act 1958 (Cth) and administered by the DIBP
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Australian migration policy evolved through three phases: assimilation (1901–mid-1960s), integration (mid-1960s–mid-1970s), and multiculturalism (1970s onwards)
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The Galbally Report (1978) declared migrants were socially, economically and politically disadvantaged, recommending multiculturalism as the solution
Key terms: Assimilation, Integration, Multiculturalism, White Australia Policy, Migration Act 1958 (Cth), DIBP, Skilled stream, Family stream, Special eligibility stream, Points test, Galbally Report