In the media
Businesses lobby against sc457 income threshold increase
and call for an end to labour market testing
With the sc457 review underway, business groups have
stepped up their campaign against increasing the income threshold
of sc457 workers and have also made calls to abolish the
'Labor-era labour market testing' calling it a
'needless and burdensome requirement' (14 January
2016).
More...
Immigration detention times on Nauru and Manus Island
blow out to 450-day average
The time asylum seekers spend in Australian immigration
detention has hit a record high at an average of almost 450 days.
Government figures show a record high late last year, at an average
of 446 days in November and 445 days in December (13 January
2016).
More...
New Zealand unable to accept refugees from Nauru
Refugees from Nauru have pleaded with New Zealand Prime
Minister John Key to resettle them, despite an agreement between
the Key Government and Australia expiring (12 January 2016).
More...
Visa cancellations on character grounds hits new
record
Last year a record 580 people had their visas cancelled
on character grounds, according to figures released by the
department of immigration (12 January 2016).
More...
Operation Sovereign Borders monthly update: December
2015
This statement provides an update on Operation Sovereign
Borders (OSB) activities related to the off-water reception and
processing of illegal maritime arrivals. The reporting period is
from 1 December 2015 to 31 December 2015 (12 January 2016).
More...
Work and holiday arrangements with the Slovak Republic
and Slovenia commence
Reciprocal work and holiday visa arrangements between
Australia and the Slovak Republic and Australia and Slovenia have
commenced this year. There will be an annual limit of 200 work and
holiday visas for Slovak nationals and 200 work and holiday visas
for Slovenian nationals (11 January 2016).
More...
Melbourne man charged with people smuggling granted
bail
A 40-year-old Mill Park man charged with smuggling 15
people out of Indonesia by boat between 2010 and 2013 is granted
bail (11 January 2016).
More...
Visa audit finds weaknesses in almost all areas of
program
An audit of the Federal Government's management of
visa compliance finds weaknesses in almost all areas of the
program, leaving Australia vulnerable to visitors committing
serious crimes (08 January 2016).
More...
Farmers facing labour shortage set to challenge new tax
on visa holders
Currently, there is no tax payable on the first $18,200
working holiday visa makers earn. But from July 1 2016, such visa
holders will have to pay tax on every dollar they earn. Farmers who
say up to 50 per cent of their seasonal workforce is made up of
such visa holders are planning a major lobby against this planned
change (07 January 2016).
More...
Expert review of the 457 temporary skilled migration
income threshold
Mr John Azarias has been appointed to undertake an
evidence-based review of the Temporary Skilled Migration Income
Threshold (TSMIT). Mr Azarias will provide a report to Government
at the end of April 2016. (23 December 2015).
More...
In practice and courts and publishing
Introduction of payment for visa legislation
On 14 December 2015 new criminal and civil penalties and
visa cancellation provisions were introduced as part of a
'paying for visa sponsorship ' framework that allows for
sanctions to be imposed on a person who asks for, receives, offers
or provides a benefit in return for visa sponsorship or employment
(that requires visa sponsorship) (14 December
2015). More...
More...
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
Guidance Note on Refugee Claims Relating to Crimes of
Lèse Majesté and Similar Criminal Offences
UNHCR, Division of International Protection, Geneva
This Note is aimed at facilitating the determination of claims to
refugee status related to national crimes of lèse
majesté and similar criminal offences against the State and
its officials (hereinafter "crimes of lèse
majesté"). More...
Turning Back the Boats: Australia's Interdiction of
Irregular Migrants at Sea
Andreas Schloenhardt and Colin Craig
International Journal of Refugee Law (2015) 27 (4): 536-572.
More...
Australia's Controversial Asylum Policies
The article provides a summary of Australia's
policies that, the author states, 'disrespect peoples'
right to seek asylum and disregard international laws that have
human rights and protection for the vulnerable at their core'
(07 January 2016).
More...
Australian Bureau of Statistics
Overseas Arrivals and Departures, Australia, Nov 2015 (cat no. 3401.0) – 12 January 2016.
Cases
Wei v Minister for Immigration and Border
Protection [2015] HCA 51
The time for the making of the application be extended to
8 January 2015.
Migration – Visa cancellation – Migration Act
1958 (Cth), s 116(1)(b) provides that Minister may cancel visa
if satisfied that visa holder has not complied with condition of
visa – Where delegate cancelled plaintiff's visa on
satisfaction that plaintiff had breached visa condition –
Where delegate's satisfaction formed by process of fact-finding
tainted by non-compliance of third party with imperative statutory
duty – Whether delegate failed to make obvious inquiry as to
critical fact – Whether decision affected by jurisdictional
error. Migration – Original jurisdiction of High Court
– Where plaintiff's application for remedy made outside
time limit in Migration Act 1958 (Cth), s 486A(1) –
Operation of s 486A. Words and phrases –
"extension of time", "imperative duty",
"jurisdictional error". Constitution, s
75(v). Education Services for Overseas Students Act
2000 (Cth), s 19. Migration Act 1958 (Cth), ss
116(1)(b), 119(1), 486A. More...
Plaintiff M64-2015 v Minister for Immigration and
Border Protection [2015] HCA 50
Migration – Visa application – Clause
202.222(2) of Sched 2 to Migration Regulations 1994 (Cth) provides
for grant of Refugee and Humanitarian (Class XB) (Subclass 202)
visa if Minister satisfied there are compelling reasons for giving
special consideration to granting visa – Where applications
for Subclass 202 visas refused by delegate of Minister –
Where delegate considered capacity of Australian community to
permanently settle visa applicants – Where delegate
considered departmental policy that established priorities to be
accorded to visa applications – Construction of cl 202.222(2)
– Whether decision affected by jurisdictional error.
Words and phrases – "capacity", "compelling
reasons", "irrelevant considerations",
"jurisdictional error", "priorities policy",
"special consideration". Migration Regulations 1994
(Cth), Sched 2, cl 202.222(2). More...
Onyeaka and Minister for Immigration and Border
Protection (Citizenship) [2015] AATA 960
CITIZENSHIP - citizenship by conferral - good character -
whether the applicant satisfies the legislative requirement to be
shown to be of good character - prior offences- breach of
protection order - good behaviour bond - decision to refuse
citizenship set aside. Australian Citizenship Act
2007 (Cth) ss 21(2)(h), 24. More...
Fair Work Ombudsman v Skilled Offshore (Australia)
Pty Ltd (No 2) [2015] FCA 1509
COSTS – order for costs under s 570 of the Fair
Work Act 2009 (Cth) – claim of no defence –
cross-examination of witnesses. PRACTICE AND PROCEDURE
– pre-judgment interest on compensation awarded –
application of s 51A of the Federal Court of Australia Act
1976 (Cth) – delay in seeking compensation and
interest. More...
SZVGA & Ors v Minister for Immigration &
Anor [2015] FCCA 3269
MIGRATION – Judicial review of decision of Refugee
Review Tribunal (Tribunal) not to grant applicants a Protection
(Class XA) visa (Protection visa) – whether Tribunal made
jurisdictional error by considering a claim made by one of the
applicants on behalf of another of the applicants who had been
invited to appear but who did not appear – whether the
Tribunal failed to consider a submission made after the hearing
before the Tribunal that related to a concern the Tribunal
expressed at the hearing about the applicants' delay in
applying for a Protection visa – whether the post hearing
submission was substantial and consequential – whether the
Tribunal constructively failed to exercise its jurisdiction by not
dealing with post hearing submission – jurisdictional error
established. Migration Act 1958 (Cth), ss.36(2)(a),
36(2)(aa), 414, 418, 424, 424A, 425. More...
Ahmad v Minister for Immigration and Border
Protection [2015] FCAFC 182
MIGRATION – appeal from Federal Circuit Court
dismissing an application for judicial review of a decision of the
Migration Review Tribunal (Tribunal) which had held that it had no
jurisdiction to review a decision to refuse the appellant a
Temporary Business Entry (Class UC) subclass 457 (Temporary Work
(Skilled)) visa – whether appellant was sponsored by an
approved sponsor – whether there was a pending application
for review of the decision not to approve the sponsor as a standard
business sponsor. Acts Interpretation Act 1901 (Cth)
s 18A. Migration Act 1958 (Cth) ss 5, 140E, 140F,
140G, 140GA, 140GB, 337, 338, 349. More...
El Masri v Minister for Immigration and Border
Protection [2015] FCAFC 181
MIGRATION – appeal from Federal Circuit Court
dismissing an application for judicial review of a decision of the
Migration Review Tribunal (Tribunal) which had held that it had no
jurisdiction to review a decision to refuse the appellant a
Temporary Business Entry (Class UC) subclass 457 (Temporary Work
(Skilled)) visa – whether appellant was sponsored by an
approved sponsor – whether there was a pending application
for review of the decision not to approve the sponsor as a standard
business sponsor. Migration Act 1958 (Cth) ss 65,
338, 347, 348. More...
Sharma v Minister for Immigration and Border
Protection [2015] FCAFC 180
MIGRATION – appeal from Federal Circuit Court
dismissing an application for judicial review of a decision of the
Migration Review Tribunal (Tribunal) which had held that it had no
jurisdiction to review a decision to refuse the first named
appellant a Temporary Business Entry (Class UC) subclass 457
(Temporary Work (Skilled)) visa – whether first named
appellant was sponsored by an approved sponsor – whether
there was a pending application for review of the decision not to
approve the sponsor as a standard business sponsor. More...
Maurice Blackburn Lawyers and Department of Immigration
and Border Protection [2015] AICmr 85
Freedom of information — Whether disclosure of
personal information is unreasonable — Whether disclosure
would be contrary to the public interest (CTH) Freedom of
Information Act 1982 ss 11A(5), 47F. More...
1511835 (Migration) [2016] AATA 3008
The Tribunal remits the application for a Temporary
Business Entry (Class UC) visa for reconsideration, with the
direction that the visa applicant meets the following criteria for
a Subclass 457 visa: cl.457.324(1) of Schedule 2 to the
Regulations. More...
1511738 (Migration) [2016] AATA 3004
The Tribunal remits the application for a Student
(Temporary) (Class TU) visa for reconsideration, with the direction
that the applicant meets the following criteria for a Subclass 573
Higher Education Sector visa: cl.573.223(2)(a) of Schedule 2 to the
Regulations. More...
1501304 (Migration) [2016] AATA 3001
The Tribunal remits the application for a Student
(Temporary) (Class TU) visa for reconsideration, with the direction
that the applicant meets the following criteria for a Subclass 573
Higher Education Sector visa: cl.573.322 of Schedule 2 to the
Regulations. More...
1419953 (Migration) [2016] AATA 3000
The Tribunal remits the applications for Partner
(Temporary) (Class UK) visas and a Partner (Residence) (Class BS)
visa for reconsideration, with the direction that the first named
applicant meets the following criteria for a Subclass 820 (Partner)
visa. More...
1512667 (Migration) [2015] AATA 3947
The Tribunal remits the application for a Visitor (Class
FA) visa for reconsideration, with the direction that the visa
applicant meets the following criteria for a Subclass 600 (Visitor)
(Class FA) visa. More...
1416955 (Migration) [2015] AATA 3941
The Tribunal remits the application for a Partner
(Residence) (Class BS) visa for reconsideration, with the direction
that the applicant meets the following criteria for a Subclass 801
(Partner) visa: cl.801.221(2)(c) of Schedule 2 to the
Regulations. More...
Legislation
Commonwealth
Migration Regulations 1994 - Specification of Address
IMMI 16/005
24/12/2015 - This instrument specifies a person who is an
approved sponsor with an address to provide details of specific
events which relate to their sponsorship obligations. More...
Migration Regulations 1994 - Specification of Places and
Currencies for Paying of Fees 2016 - IMMI 16/002
24/12/2015 - This instrument specifies the places in
which a payment of a fee must be made and the currency in which a
fee may be paid in that place. More...
Migration Regulations 1994 - Specification of Payment of
Visa Application Charges and Fees in Foreign Currencies 2016 - IMMI
16/001
24/12/2015 - This instrument specifies the currency in
which a payment of a fee is to be made using the listed exchange
rate for the currency. More...
Migration Regulations 1994 - Specification of
Arrangements for Work and Holiday and Working Holiday Visa
Applications 2016 - IMMI 15/146
18/12/2015 -This instrument specifies the forms and
manner in which an application must be made, conditions applicants
applying for a subclass 462 visa must meet and the class of persons
eligible to apply for a subclass 417 visa. More...
Charter of the United Nations (Sanctions—Yemen)
Amendment Regulation 2015 (No. 1); SLI 2015 No. 234
18/12/2015 - This regulation amends the Charter of the
United Nations (Sanctions-Yemen) Regulations 2014 in order to
implement Resolution 2216 (2015) of the United Nations Security
Council (UNSC). More...
Australian Citizenship Amendment (Allegiance to
Australia) Act No 166 of 2015
16/12/2015 - This Act is enacted because the Parliament
recognises that Australian citizenship is a common bond, involving
reciprocal rights and obligations, and that citizens may, through
certain conduct incompatible with the shared values of the
Australian community, demonstrate that they have severed that bond
and repudiated their allegiance to Australia. More...
Migration Amendment (Strengthening Biometrics Integrity)
Commencement Proclamation 2015
15/12/2015 - This Proclamation provides for the
commencement of Schedule 1 of the Migration Amendment
(Strengthening Biometrics Integrity) Act 2015. More...
Migration Act 1958 - Determination 2015 - IMMI
15/140
14/12/2015 - This instrument operates so that a
non-citizen who is on a vessel or structure that is used for
operations or activities but that is not an Australian resources
installation, is not taken to be in the migration zone. More...
Bills update
Migration Amendment (Complementary Protection and Other
Measures) Bill 2015
On 15 October 2015, the Senate referred the Migration
Amendment (Complementary Protection and Other Measures) Bill 2015
[Provisions] be referred immediately to the Legal and
Constitutional Affairs Legislation Committee for inquiry and
report. The closing date for submissions is 26 November 2015.
The reporting date is 18 February 2016.
More...
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