Australia: Immigration - What's News - 13 April 2016

Last Updated: 8 May 2016
Article by Maria Jockel

In the media

High Court grants injunction to prevent asylum seeker abortion An asylum seeker from Nauru wins an urgent High Court injunction preventing any steps being taken for her to have an abortion in Papua New Guinea (07 April 2016).  More...

About 90 asylum seeker children in Australia to be returned to Nauru
Immigration Minister Peter Dutton has confirmed dozens of children will be returned to Nauru. Approximately 90 children currently in Australia are due to be sent to Nauru, following a High Court decision earlier this year (04 April 2016).  More...

Peter Dutton hails release of last children in mainland immigration detention
The Federal Government has confirmed the last group of children held in mainland immigration detention have now been released into the community (03 April 2016).  More...

Asylum seekers granted community detention after protests
At least 196 of the 267 asylum seekers, who have been in Australia for reasons including medical care and were party to the ultimately unsuccessful high court challenge to offshore detention, are now in community detention. It includes the families of the 37 babies born in Australia and another 54 children (01 April 2016).  More...

Australia commits additional $8.5 million to UNHCR
Australia has committed a further eight and a half million dollars to the United Nations High Commission for Refugees (UNHCR) in response to the Syrian refugee crisis (31 March 2016).  More...

Australia 'cherry picking' Syrian refugees says Refugee Council
The Refugee Council accuses Australian immigration officials of "cherry picking" Middle Eastern refugees to be resettled in Australia, saying those selected may not be the most vulnerable (31 March 2016).   More...

Australians 'will not replace' backpackers if tax hikes drive them away
Australian workers will not be there to pick up the slack if the Federal Government's backpacker tax drives away foreign workers, South Australia's citrus industry says (30 March 2016).  More...

Overseas born Aussies highest in over a century
The proportion of Australians who were born overseas has hit its highest point in over 120 years, with 28 per cent of Australia's population born overseas, according to figures released today by the Australian Bureau of Statistics (ABS) (30 March 2016).  More...

Clinica and Radovan Laski ordered to refund payments made by migrants and to pay penalties of $1.025 Million
The Federal Court has found that Clinica Internationale Pty Ltd (Clinica) and Mr Radovan Montague Laski, a director and the sole shareholder of Clinica, made false or misleading representations and engaged in unconscionable conduct in relation to a program allegedly offering permanent residency, in breach of the Australian Consumer Law, in proceedings brought by the ACCC (24 March 2016).  More...

In practice and courts and publishing

Prosecutions of People Smugglers in Australia 2011-14
Andreas Schloenhardt and Colin Craig; (2016) 38(1) Sydney Law Review 49-83
The prosecution of migrant smugglers is a central element of Australia's efforts to combat the smuggling of migrants. The large number of migrant smuggling vessels arriving in Australia has triggered a great volume of prosecutions of the crew members operating these vessels and, in some cases, the prosecution of the organisers of these ventures.  More...

Office of the Migration Agents Registration Authority: disciplinary Decisions
Sekhon, Opinder Pal Singh – Cancelled- 31 March 2016.

Australian Bureau of Statistics
07 April 2016 - Overseas Arrivals and Departures, Australia, Feb 2016 (cat no. 3401.0).

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

MZAOJ v Minister for Immigration & Anor[2016] FCCA 689
MIGRATION – Judicial review Refugee Review Tribunal decision – application for a Protection Class XA visa – a question of finding going to jurisdictional fact – jurisdictional error – application allowed – declaration made – writs issued – remitted to the Administrative Appeals Tribunal.  More...

Minister for Immigration and Border Protection v SZUSU[2016] FCAFC 50
MIGRATION – appeals from the Federal Circuit Court of Australia – whether the Refugee Review Tribunal correctly understood "a right to enter and reside" for the purposes of s 36(3) of the Migration Act 1958 (Cth) – right extends to include a "liberty, permission or privilege lawfully given" – use of the expression "as a matter of practical reality" not determinative.  More...

MZAOJ v Minister for Immigration & Anor [2016] FCCA 689
MIGRATION – Judicial review Refugee Review Tribunal decision – application for a Protection Class XA visa – a question of finding going to jurisdictional fact – jurisdictional error – application allowed – declaration made – writs issued – remitted to the Administrative Appeals Tribunal. Migration Act 1958 (Cth), ss.91R(1)(c), 477(2).  More...

Dou v Minister for Immigration & Anor [2016] FCCA 682
MIGRATION – Partner visa – secondary applicant – failure to report change in circumstances – cancellation – review of Migration Review Tribunal decision – whether the Tribunal misconstrued the criteria of the visa – criteria did not require that the secondary applicant be relevantly dependant of the primary applicant – mistake by Tribunal critical to the Tribunal's decision – writs issued.  More...

Minister for Immigration and Border Protection v SZUSU [2016] FCAFC 50
MIGRATION – appeals from the Federal Circuit Court of Australia – whether the Refugee Review Tribunal correctly understood "a right to enter and reside" for the purposes of s 36(3) of the Migration Act 1958 (Cth) – right extends to include a "liberty, permission or privilege lawfully given" – use of the expression "as a matter of practical reality" not determinative.  More...

Bhatia and Minister for Immigration and Border Protection (Citizenship) [2016] AATA 192
CITIZENSHIP – whether applicant of good character – traffic offence – seriousness of offence – weight given to character references – applicant's acknowledgement of seriousness of offence – tribunal satisfied of good character – decision set aside and remitted Australian Citizenship Act 2007 (Cth), s 21(2)(h).  More...

SZUHN v Minister for Immigration & Anor [2016] FCCA 635
MIGRATION – Judicial review – application for review of recommendation made by an independent protection assessor (IPA) that the applicant not be recognised as a person to whom Australia has protection obligations – whether IPA applied the correct legal test of "well-founded fear of being persecuted" – whether the IPA considered, in the sense of actively considering, evaluating, and weighing, country information that was reasonably relevant to whether the applicant had a well-founded fear of persecution – whether IPA assessed the applicant's claim on the incorrect assumption that the applicant had to show that his membership of the group of returnees or failed asylum seekers was the sole reason for his having a well-founded fear of persecution – whether IPA considered claim based on the applicant's being harmed because of his being a returnee or failed asylum seeker.  Migration Act 1958 (Cth), ss.36(2)(a), 91R(1)(a), 91R(1)(b), 91R(2).  The second respondent, in his capacity as Independent Protection Assessor, did not make his recommendation of 20 September 2012 according to law.  More...

Australian Competition and Consumer Commission v Clinica Internationale Pty Ltd (In Liquidation) (No 4) [2016] FCA 286
CONSUMER LAW – contraventions of ss 18, 21, 29 and 31 of the Australian Consumer Law – declaratory relief, injunctions, disqualification order, non-party redress orders and pecuniary penalties.  PRACTICE AND PROCEDURE – form of final orders.  Competition and Consumer Act 2010 (Cth) Sch 2, Australian Consumer Law, ss 18, 29(1)(g), 31.  More...

Legislation

Commonwealth

Migration Legislation Amendment (Cessation of Visa Labels) Act No 34 of 2016
An Act to repeal the Migration (Visa Evidence) Charge Act 2012 (29 March 2016).  More...

Migration Act 1958 - Specification of Class of Persons Defined as Fast Track Applicants
Instrument IMMI 16/008 - The purpose of the Instrument is to specify a class of persons for the purposes of paragraph (b) of the definition of 'fast track applicant' in subsection 5(1) of the Act (31 March 2016).  More...

NOTE: Paragraph 1) of the Instrument operates to define a non-citizen person who is an unauthorised maritime arrival and transitory person who was taken to a regional processing country under section 198AD of the Act between the period of 13 August 2012 and 19 July 2013, who is currently in Australia and has made a valid application for a protection visa, as included in a class of persons defined as fast track applicants.

Paragraph 2) of the Instrument operates to define a non-citizen person who was born in the migration zone and is a child of a person included in the class of persons in paragraph 1 of the Instrument and that child is currently in Australia and has made a valid application for a protection visa, as included in a class of persons defined as fast track applicants.

Migration Act 1958 - Specification of Class of Persons Defined as Fast Track Applicants
Instrument IMMI 16/007 – The purpose of the Instrument is to specify a class of persons for the purposes of paragraph (b) of the definition of 'fast track applicant' in subsection 5(1) of the Act (31 March 2016).  More...

NOTE: Paragraph 1) of the Instrument specifies that class of persons as a person who is an unauthorised maritime arrival born in the migration zone on or after 1 January 2014 and who is a child of a person who is a fast track applicant as defined in paragraph 5(1) of the Act, and who has made a valid application for a protection visa and before the  commencement of the Instrument, is not a child of an unauthorised maritime arrival who both entered the migration zone before 13 August 2012 and made a valid application for a protection visa before the commencement of the Instrument (31 March 2016).

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.

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Authors
Maria Jockel
 
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