In the media
Disrupting the threat of outlaw motorcycle gangs
Foreign nationals who are members or associates of
criminal bikie gangs should be on notice that they could have their
visas cancelled and face removal from Australia under
Australia's visa cancellation laws. Already 81 bikie gang
members or associates have had their visas cancelled or refused (11
March 2016).
More...
Sri Lankan girl denied visa reunited with family in
WA
A nine-year-old Sri Lankan girl denied an Australian visa
because she has Down syndrome is reunited with her family in
Western Australia (10 March 2016).
More...
Judge who rejected almost all asylum seeker cases
'not biased'
An asylum seeker fails to convince the full Federal Court
that judge Alexander "Sandy" Street, who rejected an
extraordinary number of migration appeals, was biased (10 March
2016).
More...
Government figures show boat arrivals are not
'economic migrants'
A new analysis of Australian Government statistics has
revealed that more than 80% of asylum seekers who have reached
Australia by boat and have had their status resolved have been
recognised as refugees (08 March 2016). More...
Migration laws must not impinge people's traditional
rights and freedoms
The federal government must establish an independent
review of Australia's migration laws immediately to make sure
they are not impinging on people's traditional rights and
freedoms as recognised by common law, says Migration Institute of
Australia National President (07 March 2016). More...
Sponsor required for Nauru's Australian, NZ visitors
say new immigration laws Audio
Australians and New Zealanders looking to visit Nauru
will need a letter of sponsorship from a Nauru citizen currently
living on the island, according to amendments to the country's
immigration rules (07 March 2016).
More...
2016 CDP Immigration Law Conference: Law Council calls
for amendments to the Migration Act before federal election
The Law Council of Australia's president-elect, Fiona
McLeod SC, has used an address at the 2016 CPD Immigration Law
Conference to call on the federal government to dismantle the dual
regulation of migration lawyers before Parliament is prorogued for
this year's federal election (04 March 2016).
More...
Government tables Freedoms Report
The Government has released the Australian Law Reform
Commission's (ALRC) Final Report on Traditional Rights and
Freedoms – Encroachments by Commonwealth Laws this week (02
March 2016).
More...
In practice and courts and publishing
Entrepreneurs Visa: Under the National innovation
and Science Agenda (NISA)
A new Entrepreneur visa will be established for
entrepreneurs with innovative ideas and financial backing from a
third party. This visa will be:
- a provisional visa for individuals who have obtained capital backing from a third party (details of appropriate third parties will be informed through consultation) to develop entrepreneurial ideas in Australia
- established as a new stream within the existing Business Innovation and Investment (Provisional) visa (subclass 188) and the Business Innovation and Investment (Permanent) visa (subclass 888)
- introduced in November 2016. EntrepreneursVisa Submissions close 18 March 2016.
ALRC Report: Traditional Rights and
Freedoms—Encroachments by Commonwealth Laws (ALRC Report
129)
The report Tabled and launched in Parliament today by the
Attorney-General is now publicly available. In this far-reaching
inquiry, the Australian Law Reform Commission was asked to identify
and critically examine Commonwealth laws that encroach upon
traditional rights, freedoms and privileges recognised by the
common law (02 March 2016).
More... More...
International Journal of Migration and Border Studies, 2016 Vol. 2 No. 1
Asylum v. sovereignty in the 21st century: how
nation-states breach international law to block access to
asylum
John R. Campbell 10.1504/IJMBS.2016.074636.
Debordering' and 'rebordering':
discriminatory and racial discourses of borders under
globalisation
Raedene Melin 10.1504/IJMBS.2016.074639.
Supporting innovation through visas: The Entrepreneur
visa
The new Entrepreneur visa will be introduced in November
2016 as part of our Business Innovation and Investment Programme.
The Government is seeking your feedback on the proposed policy for
the new Entrepreneur visa. To have your say, read the
discussion paper. Submissions close on 18 March 2016.
More... More...
Law Council of Australia Submissions
4 March 2016:
Migration Amendment (Character
Cancellation Consequential Provisions) Bill 2016 (3124).
Analysis of Refugee recognition
rates for boat arrivals 1976-2015
The Refugee Council of Australia (RCOA)
Asylum seekers who have come on boats overwhelmingly are being
found to be refugees by officials working within the Australian
Government's own legal frameworks or the frameworks they have
helped to create in Nauru or Papua New Guinea.
More...
Upcoming education and events
Immigration Essentials for Lawyers (Melbourne) -
16.03.2016
16 March 2016 in Melbourne.
Immigration Essentials for Lawyers (Sydney) - 27.04.16-
29.04.16
27 April 2016 in Sydney.
Current Senate Inquiries - Legal and Constitutional Affairs Legislation Committee
Migration Amendment (Charging for a Migration Outcome) Bill 2015 [Provisions].
Migration and Maritime Powers Amendment Bill (No.1) 2015 [Provisions].
Migration Amendment (Complementary Protection and Other Measures) Bill 2015.
Migration Legislation Amendment (Cessation of Visa Labels) Bill 2015.
Inquiry into possible false or misleading evidence given to the former Nauru Select Committee.
Cases
Migration Alliance Case Note
A decision that was handed down by the Federal Circuit
Court at the beginning of this month,
Fernando v Minister for Immigration & Anor (2016) FCCA 409
(1 March 2016) tells us that there is a way that such an
unfortunate situation can be corrected – through an
application for judicial review.
'IE' and Department of Immigration and Border
Protection [2016] AICmr 12
Freedom of Information — Amendment of personal
records – Whether the information about the applicant's
date of birth is incorrect – Whether it should be
amended– (CTH) Freedom of Information Act 1982 ss 48,
50. More...
'ID' and Department of Immigration and Border
Protection [2016] AICmr 11
Freedom of Information — Whether reasonable steps
were taken to locate documents – (CTH) Freedom of Information
Act 1982 s 24A. More...
BSX15 v Minister for Immigration and Border
Protection [2016] FCA 230
EVIDENCE – claim to public interest immunity
– ruling on the claim separate to the lis in which the claim
arose – whether costs should be reserved. COSTS –
appropriate order where notice to produce substantially narrowed to
a single document and where the claim to public interest immunity
in relation to part of that document abandoned – claim to
public interest immunity abandoned after the exchange of written
submissions and two business days before the hearing of the claim
to public interest immunity – Held: Director General of
Security should pay applicant's costs on and from the time it
became clear that the applicant pressed for access only to the
single document – before that time each party should bear his
own costs. More...
WZAVQ v Minister for Immigration and Border
Protection [2016] FCA 188
MIGRATION – application for protection (class XA)
visas – appeal from Federal Circuit Court of Australia
– whether Tribunal failed to consider appellants' claims
– whether Tribunal failed to consider relevant country
information. Migration Act 1958 (Cth) s 36(2)(a), s
36(2)(aa), s 36(2A), s 46(2A), s 91R, s 91R(1)(a), s 91R(1)(b), s
91R(1)(c). More...
SZVCP v Minister for Immigration and Border
Protection [2016] FCAFC 24
MIGRATION – application for an extension of time
and leave to appeal – Federal Circuit Court dismissed
applications in a case, including for injunctive relief restraining
transfer to Christmas Island – clear want of procedural
fairness – failure to address applications –failure to
explain processes and procedures to unrepresented litigant –
extension of time and leave to appeal granted – appeal
allowed – matter remitted to Federal Circuit Court –
interlocutory injunction restraining transfer of applicant to
Christmas Island until further order of Federal Circuit Court.
Migration Act 1958 (Cth) s 14. More...
Minister for Immigration and Border Protection v
Eden [2016] FCAFC 28
MIGRATION – judicial review of Minister's
decision to cancel respondent's visa on character grounds
pursuant to s 501(2) of the Migration Act 1958 (Cth)
– where respondent was convicted of a sexual offence and
sentenced to a term of imprisonment wholly suspended – where
respondent was a citizen of New Zealand but had developed ties to
Australia – whether the Minister's exercise of discretion
was legally unreasonable – whether the primary judge's
decision correctly characterised the Minister's decision as
legally unreasonable – whether the Minister's delay in
cancelling the respondent's visa could be a factor in
determining unreasonableness – whether the characterisation
of the offence as "very serious" amounts to
unreasonableness – Appeal allowed Migration Act 1958
(Cth), ss 4(1), 501(2), 501(6)(a), 501(7), 501G(1)(e). More...
Fernando v Minister for Immigration &
Anor [2016] FCCA 409
MIGRATION – Review of Migration Review Tribunal
decision – application for a Skilled (Residence) (Class VB)
visa – jurisdictional error found – application allowed
– declaration made – writs issues – remitted to
the Tribunal. Migration Regulations 1994 (Cth), Sch 2: cl.885.224,
Sch 4: 4020. More...
SZUJN v Minister for Immigration &
Anor [2016] FCCA 362
MIGRATION – Judicial review – application for
review of recommendation made by an independent protection assessor
(IPA) that applicant not be recognised as a person to whom
Australia has protection obligations – whether IPA's duty
to accord procedural fairness required IPA to confront applicant
with previous inconsistent statement on the basis of which the IPA
in part relied for making an adverse credibility finding in
relation to the applicant – whether IPA failed to consider
psychological opinion – IPA failed to accord procedural
fairness to applicant. (1) The recommendation of the
Independent Protection Assessor made on 24 October 2012 in review
case number SER009 was arrived at in breach of the rules of
procedural fairness. More...
SZUEW & Anor v Minister for Immigration &
Anor [2016] FCCA 378
MIGRATION – Administrative Appeals Tribunal
(Migration & Refugees Division) – Protection (Class XA)
visa – whether errors in the interpreting of the first
applicant's oral submissions denied the applicants a fair
hearing – whether the Tribunal's adverse credibility
findings were severable – interpreting errors hindered
applicants' ability to put case to Tribunal –
jurisdictional error identified – application allowed –
writs issued. Migration Act 1958 (Cth), ss.45, 414, 422B,
425, 476. More...
SZUAL v Minister for Immigration &
Anor [2016] FCCA 347
MIGRATION – Persecution – review of Refugee
Review Tribunal ("Tribunal") decision – visa
– protection visa – refusal. ADMINISTRATIVE LAW
– Allegation that the Tribunal's decision affected by
jurisdictional error by reason that the Tribunal failed to have
regard to all the evidence, made a decision which was illogical or
unreasonable, relied on incorrect information and relied on
outdated information. ADMINISTRATIVE LAW –
Jurisdictional error arising out of intermediate finding of fact
which was illogical. Migration Act 1958, ss.36, 474.
More...
Legislation
Commonwealth
Migration Amendment (Character Cancellation
Consequential Provisions) Bill 2016
Amends the Migration Act 1958 to give full effect to the
Migration Amendment (Character and General Visa Cancellation) Act
2014 in relation to mandatory visa cancellation-related powers and
the lawful disclosure of non-citizens' identifying information
where a non-citizen is suspected of being of character concern
(House of Representatives Second reading debate 03/03/16).
More...
Migration Amendment (Free the Children) Bill 2016
This Bill seeks to provide that children detained under
the Migration Act 1958 (the Act) not be held in immigration
detention facilities but instead be placed, along with their
immediate family members or guardians, in community residential
housing for any requisite period of detention. (Introduced
and read a first time 02/03/16. Second reading moved
02/03/16).
More...
Migration Amendment (Priority Consideration of Certain
Visa Applications) Regulation 2016
This regulation amends the Migration Regulations 1994 to
create a priority consideration of visa application service
(priority service) for specified kinds of visas and specified kinds
of passport holders (Registered 11 March 2016). More...
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.
