The Law, Immigration and Human Rights: Changing the Australian Immigration Control System Sev A. Ozdowski School of Law, Boalt Hall, University of California The structure of the present system of immigration control in Australia is examined here in the contextof its origin, evolution and responses to current human rights and anti-discrimination standards. This article argues that the system has serious shortcomings because it confers broad discretionary powers on immigration officials and provides no comprehensive system of judicial review. Since the 1970s the system has been gradually losing its legitimacy and has become a subject of challenges by various groups. Its efficiency has been undermined and it breeds social conflict and systematic human rights violations. The suggestion is made for development of a new immigration control system, based upon legislation that incorporates all objectives and principles pertaining to immigration policy, procedure, and review. Immigration has been a major and continuing element in the history of Australia; indeed, all Australians, except the Aborigines, are immigrants or descendents of immigrants who arrived since 1788, beginning with the transportation of convicts from England and followed by a wave of "bounty" and assisted free settlers who helped with the development of pastoral and wool-growing industries in the 1830s and a massive free immigration asso- ciated with the discovery of gold followed in the 1850s. The experience of World War II, in which Australians faced possibleJapanese invasion, revived the old cry "populate or perish" and added new impetus to Australia's search for new settlers." Further industrialization after the war, labor needs asso- ciated with both agricultural and industrial growth, and stress on family reunions and refugee intake ensured the maintenance of a steady influx of I John Curtin, then prime minister, told the nation in December 1943that a population of 20 million was essential to Australian security; several months later, he increased the number to 30 million. The population of Australia in 1943was approximately 7 million. IMR Volume xix, No.3 535