Immigration Restriction Act 1901
Encyclopedia
The Immigration Restriction Act 1901 was an Act
of the Parliament of Australia
which limited immigration to Australia
and formed the basis of the White Australia policy
. It also provided for illegal immigrants to be deported
. It granted immigration officers a wide degree of discretion to prevent individuals from entering Australia. The Act prohibited various classes of people from immigrating, but most importantly it introduced the dictation
test, which required a person seeking entry to Australia to write out a passage of fifty words dictated to them in any European language, not necessarily English, at the discretion of an immigration officer. The test allowed immigration officers to evaluate applicants on the basis of language skills.
in South Africa. The Act specifically prohibited various classes of people from immigrating, including people with infectious disease
s, people who had recently been imprisoned
, prostitutes or pimp
s, and "idiots" or "insane
" persons. However, the Act also made several exceptions, which automatically allowed certain classes of people to enter Australia. All members of the British Army
or the Royal Navy
, the captain and crew of any ship visiting an Australian port, any person sent on the business of a foreign government, family members of permitted immigrants, and former residents of Australia were allowed to enter the country. Prospective immigrants were also allowed to apply for a Certificate of Exemption, issued by the Minister for External Affairs (or a representative) which would exempt a person from the provisions of the Act for a specified time.
and Tasmania
. The test was a method which enabled immigration officials to exclude individuals on the basis of race without explicitly saying so. The test would be no less than fifty words long, and the passage chosen could often be very difficult, so that even if the test was given in English, a person was likely to fail. Although the test could theoretically be given to any person arriving in Australia, in practice it was given selectively on the basis of race.
from Czechoslovakia
, who was exile
d from Germany for opposing Nazism
, arrived in Australia in 1934. The Government of Joseph Lyons went to extraordinary lengths to exclude Kisch, including using the Language Test. He was fluent in a number of European languages, and after completing passages in several languages, finally failed when he was tested in Scottish Gaelic
. The officer who tested him had grown up in northern Scotland, and did not have a particularly good grasp of Scottish Gaelic himself. In the High Court
case of R v Wilson; ex parte Kisch the court found that Scottish Gaelic was not within the fair meaning of the Act, and overturned Kisch's convictions for being an illegal immigrant. The failure to exclude Kisch brought the Language test into widespread public ridicule.
The dictation test was again used controversially in 1936 to exclude Mabel Freer, a white British woman born in India. She was twice set the test in Italian, which she failed. In the face of a long press and legal campaign for her admission, the government was unable or unwilling to provide a convincing reason for her exclusion and eventually she was admitted, welcomed by a huge crowd at the quay in Sydney. Interior Minister Thomas Paterson
resigned from the Lyons Cabinet following the controversy.
Between 1902 and 1903, forty-six people passed the test out of 805 who were given it. Between 1904 and 1909, only six out of 554 passed. No-one was able to pass the dictation test after 1909.
The test was not abolished until 1958.
The Immigration Restriction Act was eventually replaced by the Migration Act 1958, which removed the dictation test and many of the other qualifications, although many migrants from southern Europe and Asia were already living in Australia, some of them having arrived as refugee
s during World War II. The White Australia policy itself was not officially abolished until 1973.
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
of the Parliament of Australia
Parliament of Australia
The Parliament of Australia, also known as the Commonwealth Parliament or Federal Parliament, is the legislative branch of the government of Australia. It is bicameral, largely modelled in the Westminster tradition, but with some influences from the United States Congress...
which limited immigration to Australia
Immigration to Australia
Immigration to Australia is estimated to have begun around 51,000 years ago when the ancestors of Australian Aborigines arrived on the continent via the islands of the Malay Archipelago and New Guinea. Europeans first landed in the 17th and 18th Centuries, but colonisation only started in 1788. The...
and formed the basis of the White Australia policy
White Australia policy
The White Australia policy comprises various historical policies that intentionally restricted "non-white" immigration to Australia. From origins at Federation in 1901, the polices were progressively dismantled between 1949-1973....
. It also provided for illegal immigrants to be deported
Deportation
Deportation means the expulsion of a person or group of people from a place or country. Today it often refers to the expulsion of foreign nationals whereas the expulsion of nationals is called banishment, exile, or penal transportation...
. It granted immigration officers a wide degree of discretion to prevent individuals from entering Australia. The Act prohibited various classes of people from immigrating, but most importantly it introduced the dictation
Dictation
Dictation can refer to:*Dictation , when one person speaks while another person transcribes what is spoken.*A dictation machine, a device used to record speech for transcription....
test, which required a person seeking entry to Australia to write out a passage of fifty words dictated to them in any European language, not necessarily English, at the discretion of an immigration officer. The test allowed immigration officers to evaluate applicants on the basis of language skills.
Provisions of the Act
The initial bill was based on similar legislationLegislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
in South Africa. The Act specifically prohibited various classes of people from immigrating, including people with infectious disease
Infectious disease
Infectious diseases, also known as communicable diseases, contagious diseases or transmissible diseases comprise clinically evident illness resulting from the infection, presence and growth of pathogenic biological agents in an individual host organism...
s, people who had recently been imprisoned
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
, prostitutes or pimp
Pimp
A pimp is an agent for prostitutes who collects part of their earnings. The pimp may receive this money in return for advertising services, physical protection, or for providing a location where she may engage clients...
s, and "idiots" or "insane
Insanity
Insanity, craziness or madness is a spectrum of behaviors characterized by certain abnormal mental or behavioral patterns. Insanity may manifest as violations of societal norms, including becoming a danger to themselves and others, though not all such acts are considered insanity...
" persons. However, the Act also made several exceptions, which automatically allowed certain classes of people to enter Australia. All members of the British Army
British Army
The British Army is the land warfare branch of Her Majesty's Armed Forces in the United Kingdom. It came into being with the unification of the Kingdom of England and Scotland into the Kingdom of Great Britain in 1707. The new British Army incorporated Regiments that had already existed in England...
or the Royal Navy
Royal Navy
The Royal Navy is the naval warfare service branch of the British Armed Forces. Founded in the 16th century, it is the oldest service branch and is known as the Senior Service...
, the captain and crew of any ship visiting an Australian port, any person sent on the business of a foreign government, family members of permitted immigrants, and former residents of Australia were allowed to enter the country. Prospective immigrants were also allowed to apply for a Certificate of Exemption, issued by the Minister for External Affairs (or a representative) which would exempt a person from the provisions of the Act for a specified time.
Offences
The Act established a range of federal crimes relating to immigration. Illegal immigrants could be imprisoned for up to six months, and could then be deported. Both the captain and the owners of ships which transported illegal immigrants to Australia could be fined GBP 100 for each immigrant, unless the immigrant was European. The Minister for Foreign Affairs was also able to detain ships which were suspected of carrying illegal immigrants. People who brought ill or insane immigrants into Australia were also liable for the costs of caring for them, on top of other penalties.The dictation test
The dictation test which was included in the Act was similar to tests previously used in Western Australia, New South WalesNew South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...
and Tasmania
Tasmania
Tasmania is an Australian island and state. It is south of the continent, separated by Bass Strait. The state includes the island of Tasmania—the 26th largest island in the world—and the surrounding islands. The state has a population of 507,626 , of whom almost half reside in the greater Hobart...
. The test was a method which enabled immigration officials to exclude individuals on the basis of race without explicitly saying so. The test would be no less than fifty words long, and the passage chosen could often be very difficult, so that even if the test was given in English, a person was likely to fail. Although the test could theoretically be given to any person arriving in Australia, in practice it was given selectively on the basis of race.
The dictation test is found wanting
Jewish political activist Egon Erwin KischEgon Erwin Kisch
Egon Erwin Kisch was a Czechoslovak writer and journalist, who wrote in German. Known as the The raging reporter from Prague, Kisch was noted for his development of literary reportage and his opposition to Adolf Hitler's Nazi regime.- Biography :Kisch was born into a wealthy, German-speaking...
from Czechoslovakia
Czechoslovakia
Czechoslovakia or Czecho-Slovakia was a sovereign state in Central Europe which existed from October 1918, when it declared its independence from the Austro-Hungarian Empire, until 1992...
, who was exile
Exile
Exile means to be away from one's home , while either being explicitly refused permission to return and/or being threatened with imprisonment or death upon return...
d from Germany for opposing Nazism
Nazism
Nazism, the common short form name of National Socialism was the ideology and practice of the Nazi Party and of Nazi Germany...
, arrived in Australia in 1934. The Government of Joseph Lyons went to extraordinary lengths to exclude Kisch, including using the Language Test. He was fluent in a number of European languages, and after completing passages in several languages, finally failed when he was tested in Scottish Gaelic
Scottish Gaelic language
Scottish Gaelic is a Celtic language native to Scotland. A member of the Goidelic branch of the Celtic languages, Scottish Gaelic, like Modern Irish and Manx, developed out of Middle Irish, and thus descends ultimately from Primitive Irish....
. The officer who tested him had grown up in northern Scotland, and did not have a particularly good grasp of Scottish Gaelic himself. In the High Court
High Court of Australia
The High Court of Australia is the supreme court in the Australian court hierarchy and the final court of appeal in Australia. It has both original and appellate jurisdiction, has the power of judicial review over laws passed by the Parliament of Australia and the parliaments of the States, and...
case of R v Wilson; ex parte Kisch the court found that Scottish Gaelic was not within the fair meaning of the Act, and overturned Kisch's convictions for being an illegal immigrant. The failure to exclude Kisch brought the Language test into widespread public ridicule.
The dictation test was again used controversially in 1936 to exclude Mabel Freer, a white British woman born in India. She was twice set the test in Italian, which she failed. In the face of a long press and legal campaign for her admission, the government was unable or unwilling to provide a convincing reason for her exclusion and eventually she was admitted, welcomed by a huge crowd at the quay in Sydney. Interior Minister Thomas Paterson
Thomas Paterson
Thomas Paterson was an Australian farmer and politician.Paterson was born in Aston, near Birmingham, England and educated at King Edward's School, Birmingham and Ayr Grammar School. He became a shoe salesman in 1897 and later a branch manager, but resigned in 1908 to study farming...
resigned from the Lyons Cabinet following the controversy.
Between 1902 and 1903, forty-six people passed the test out of 805 who were given it. Between 1904 and 1909, only six out of 554 passed. No-one was able to pass the dictation test after 1909.
The test was not abolished until 1958.
Changes to the Act
Originally the dictation test could be administered any time within the first year of a person's arrival to Australia, but after 1932, this period was extended to the first five years of residence. Officials were also able to give the test to an individual an unlimited number of times. At first the test had to be given in a European language; however, in 1905, the Act was amended to allow the government to specify any individual language that the test could be given in.The Immigration Restriction Act was eventually replaced by the Migration Act 1958, which removed the dictation test and many of the other qualifications, although many migrants from southern Europe and Asia were already living in Australia, some of them having arrived as refugee
Refugee
A refugee is a person who outside her country of origin or habitual residence because she has suffered persecution on account of race, religion, nationality, political opinion, or because she is a member of a persecuted 'social group'. Such a person may be referred to as an 'asylum seeker' until...
s during World War II. The White Australia policy itself was not officially abolished until 1973.