Legislation Updates
Additional courses for lower English
The new instruments expands the list of courses for which student visa applicants need to obtain a lower IELTS score of 5.5 or equivalent
Migration Legislation Tracker
A single source about the status of pieces of legislation, Bills, commencement dates, disallowances, etc
Working Holiday & Work and Holiday: work and areas
The new instrument expands "the areas of Australia where recovery work can be undertaken for the purposes of satisfying ‘specified work’ requirements for a Working Holiday (Subclass 417) visa or Work and Holiday (Subclass 462) visa"
Case Law Updates
Is Australia’s agreement with Nauru valid?
Federal Court. Was Australia's agreement with Nauru for the removal of 3 individuals invalid, with the result that s 76AAA(4) of the Migration Act 1958 (Cth) was not enlivened?
Clause cl 892.212(c) interpreted
Federal Court. For the purpose of cl 892.212(c) of Schedule 2 to the Migration Regulations 1994 (Cth), may financial statements prepared in accordance with accounting standards provide evidence of the value of the net assets of a business? If so, and the financial statements prepared for a fiscal year overlap only partially with the period described in cl 892.212(c), is a period different from the period provided for in the provision acceptable?
Power in s 501BA(2) to be exercised within reasonable time period?
Federal Court. Can the power in s 501BA(2) of the Migration Act 1958 (Cth) only be exercised within a reasonable time after the original decision? If so, is the ultimate question whether the power under s 501BA was exercised within a reasonable time, by reference to the entire period between the original decision and the decision made by the Minister, instead of by reference to sub-periods within that entire period?
Industry Updates
Increased Tribunal fees
Tribunal application fees will increase from 1 July 2024 as follows...
Did para 8.3(4)(f) require consideration of child’s own views of removal...
Federal Court. Can it be said that, as the Applicant did not raise with the Tribunal his age or health as relevant were he to be removed from Australia, par 9.2(1)(a) of Direction 90 did not require the Tribunal to take those matters into account, as that provision only required such matters to be taken into account 'where relevant'? Did para 8.3(4)(f) of Direction 90 require the decision-maker to have regard to a child’s own expression of the importance to him or her of the non-citizen seeking review of a decision affecting his or her visa, instead of only considering the evidence of adults as to the adverse impact?
Can unauthorised maritime arrivals apply for visas?
Can an "unauthorised maritime arrival" apply for any type of visa while in Australia? Is the answer determined by s 48 of the Migration Act 1958 (Cth)?
Media Updates
Increased flexibility for international students to support supermarkets
The Federal government has recently announced as follows: "Today the Morrison Government has announced that supermarkets in States and Territories subject to COVID-19 lockdowns...
Can non-compliance with social distancing lead to cancellation?
"I will also say a very clear message to those backpackers who may not be adhering to the social distancing rules... [Y]ou will be breaching your visa condition and if we find that out, we will be kicking you out of the country". We discuss whether non-compliance with social distancing rules can in fact lead to a breach of a visa condition and ultimately the cancellation of a working holiday, work and holiday or other visas.
Some students able to work more than 40 hrs / fortnight
"Australia’s major supermarkets will temporarily be able to offer more hours to international student employees to help keep shelves stocked". It will be interesting to see whether this measure is extended to other industries until the situation is normalised.