Legislation Updates
Migration Legislation Tracker
A single source about the status of pieces of legislation, Bills, commencement dates, disallowances, etc
AMSR’s alternative methodology
"The amendments allow the person making the nomination to use an alternative methodology for determining the [Australian Market Salary Rate] ..."
Courses and new English exams for RMA registration
Among other changes, new English tests will be accepted for registration as a migration agent
Case Law Updates
Can procedural decision render substantive decision legally unreasonable?
Federal Court (Full Court). Was it open to the non-citizen to "impugn the substantive determination [under s 430] on the ground that the Tribunal’s procedural decision [under s 426A(1A)(a)] affected the legality of the substantive determination by rendering the determination the product of a legally unreasonable process"?
No explanation for failure to give weight
Federal Court. Is a decision-maker "likely to commit jurisdictional error if it fails to give weight to apparently supporting material from an independent source, without explaining why that material has not been preferred"?
Appeal: power in s 501BA(2) to be exercised within reasonable time period?
Federal Court (Full Court). Is the power in s 501BA(2) of the Migration Act 1958 (Cth) subject to an implied limitation that it be exercised within a reasonable period of time after the original decision?
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.