Legislation Updates
Migration Legislation Tracker
A single source about the status of pieces of legislation, Bills, commencement dates, disallowances, etc
Combatting migration exploitation
The amendments to the Migration Act 1958 (Cth) will allow for the implementation and maintenance of a public register of ...
New skills assessing authority
Among other things, the new instrument replaces a skills assessing authority
Case Law Updates
Appeal: risk to community despite remaining in Australia anyway?
Federal Court (Full Court). Can it be said that, although it was open to the Minister to find that the respondent had taken no substantial steps towards rehabilitation up to the time of the Tribunal hearing, there was no rational basis for him to express views about the respondent’s circumstances at the time of his decision, 13 months after the Tribunal's decision? Is irrationality material by definition?
Is Direction 110 invalid?
Federal Court. Does Direction 110 purport to prescribe, to a significant extent, the manner in which the discretion in s 501CA(4) of the Migration Act 1958 (Cth) can be exercised, such that it is inconsistent with that subsection and contrary to s 499(2), therefore being invalid?
Circular reasoning under s 501BA?
Federal Court. The Minister found as follows under s 501BA of the Migration Act 1958 (Cth): "While I accept that the removal and visa limitations which result from a decision to cancel [the Applicant’s] visa would likely sever his ability to return to Australia, I find that this is the intended consequence of the operation of s 501 of the Act. Accordingly, I afford this consideration neutral weight." Was that finding circular and therefore legally unreasonable?
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.