Legislation Updates
Migration Legislation Tracker
A single source about the status of pieces of legislation, Bills, commencement dates, disallowances, etc
Nil VAC for some subclass 408 visas
"The purpose of the instrument is to specify the ... as an AGEE under paragraph 408.229(b) of Schedule 2 to the Migration Regulations"
Changes to BVRs and more
Among other things, the new regulations "make amendments in relation to the BVR to strengthen the legislative framework that supports effective management of members of the NZYQ cohort on BVRs in the Australian community"
Case Law Updates
XKTK distinguished?
Federal Court. The Applicant was an NZYQ-affected BVR holder. Was it "not necessarily irrational or illogical to consider the provisions of the Direction on the basis that cancellation of the applicant's Global Special Humanitarian visa would remove his entitlement to stay in Australia thereby requiring his removal, provided the Tribunal also separately and sufficiently brought to account the additional consideration relevant to the applicant, namely that, in all likelihood, he would remain in Australia under different visa arrangements"?
Attributing “responsibility or blame to Australia for a non-citizen’s conduct”?
Federal Court. Was Principle 6 of clause 5.2 of Direction 110 "concerned with attributing some responsibility or blame to Australia for a non-citizen’s conduct"?
Legally unreasonable to weigh impediments heavily if protection finding exists?
Federal Court. Can it be said that the existence of a protection finding, with the result that s 198 neither required nor authorised removal, did not render legally unreasonable the giving of heavy weight in the Applicant's favour to the extent of impediments to removal, particularly because of his statement "that he may request removal to Nepal in light of the other legal consequences of refusal of the visa"?
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.