In the media
Warrants on Perth strawberry farm
Officers from the Australian Border Force have located 10
foreign nationals working illegally on a large strawberry farm at
Bambun, north of Perth. Seven were from Vietnam and three from
Malaysia (27 September 2019).
More...
More working holiday makers supporting regional
areas
Regional businesses are benefiting from a 20 per cent
increase in the number of working holiday makers supporting
regional areas. From January, second year visa holders can also
apply for a third year WHM visa if they carry out an additional six
months specified work in regional areas during their second year
(25 September 2019).
More...
In practice and courts and publishing
Skilled Regional (Provisional) Visa Subclass 489 to be
replaced with Subclass 491 from 16th November 2019
The Department of Home Affairs has announced transitional
arrangements for replacing the Subclass 489 with Subclass
491.
15th November 2019 - The last day for any invited
applicant to lodge their visa.
16th November onwards - Migrants will be able to lodge EOIs for the
Subclass 491 as new points test will be introduced.
Note: During this transition, migrants who have lodged EOIs for
Subclasses 189 and 190 will not be affected and can be issued
invitations.
More...
RDA Northern Inland Skilled Regional (NSW) State
Nomination Visa subclass 489 Open
RDA Northern Inland will not be nominating beyond 3
September 2019. The new Skilled Regional State Nominate visa
sub-class 491 will commence on 16 November 2019. The last day that
invited applicants can lodge their application with the Department
is 15 November 2019.
More...
Legal and Constitutional Affairs Legislation Committee
2019
New
Skilled Regional Visas (Consequential Amendments) Bill 2019
[Provisions]
Current Senate Inquiries September 2019
Migration
Amendment (Strengthening the Character Test) Bill 2019
[Provisions]
Migration
Legislation Amendment (Regional Processing Cohort) Bill 2019
[Provisions]
Migration
Amendment (Repairing Medical Transfers) Bill 2019
[Provisions]
Cases
DTN16 v Minister for Immigration, Citizenship, Migrant
Services & Multicultural Affairs [2019]
FCA 1525
MIGRATION – incorrect factual finding – extent
of contamination of underlying reasoning and determination –
irrationality – unreasonableness – failure to consider
integer – jurisdictional error established – appeal
allowed.
Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa)
Seo and Minister for Home Affairs
(Citizenship) [2019] AATA
3649
CITIZENSHIP – refusal – whether applicant of
good character – possess amount of precursor prescribed by
regulations – conceal serious indictable offence of another
person – consideration of applicant's character –
decision set aside and remitted
Administrative Appeals Tribunal Act 1975; Australian
Citizenship Act 2007 (Cth); Crimes Act 1900
(NSW);
Crimes (Sentencing Procedure) Act 1999 (NSW); Drug
Misuse and Trafficking Act 1985 (NSW); Migration Act
1958
Stowers and Minister for Home Affairs
(Migration) [2019] AATA
3640
MIGRATION – Mandatory visa cancellation –
citizen of New Zealand – Class TY Subclass 444 Special
Category visa – serious criminal offending – failure to
pass character test – whether another reason why the
mandatory visa cancellation should be revoked – whether risk
of applicant engaging in criminal conduct in Australia –
protection of the Australian community from criminal or other
serious conduct – the best interests of minor children
– expectations of the Australian community – other
considerations – Ministerial Direction No. 79 applied –
decision set aside and substituted - Migration Act 1958
(Cth) ss 499, 500, 501, 501CA.
Leong and Minister for Home Affairs
(Citizenship) [2019] AATA
3641
CITIZENSHIP - application for citizenship by conferral -
refusal of citizenship – whether applicant is likely to
reside or continue to reside in Australia - whether applicant
maintains a close and continuing association with Australia -
application of Citizenship Policy - decision set aside and
remitted.
Australian Citizenship Act 2007 (Cth); Migration Act
1958 (Cth)
Legislation
Commonwealth
Bills
Australian Citizenship Amendment (Citizenship Cessation)
Bill 2019
HR Introduced and read a first time 19/09/2019 - The
amendments provide for a period in which the individual subject to
a determination resulting in the cessation of their citizenship can
apply to the Minister for Home Affairs to have this determination
revoked. It also provides for the Minister for Home Affairs to
revoke a determination on his or her own initiative, or for the
determination to be automatically revoked in certain
circumstances
Regulations
Migration
(LIN 19/189: Arrangements for certain Business Skills Visas)
Instrument 2019
20/09/2019 - This instrument operates to
specify the approved forms for making a valid application for
various visas. It also repeals Migration Regulations 1994
-Specifications of Arrangements for Business Skills Visa
Applications 2016/106 - IMMI 16/106
Migration
(Class of Persons for Class GG visa and Subclass 408 (Temporary
Activity) visa) Instrument 2019/193
17/09/2019 - This instrument operates to specify the
requirements for making a visa application for a Temporary Activity
(Class GG) visa. This instrument specifies applicants who are in a
class of persons for whom the Visa Application Charge (VAC) amount
is nil.
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.