Legislation Updates
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"
Status of forces agreement
The new regulations "establish a visa application-free pathway for members and civilian component members of the ... armed forces to enter into Australia"
Case Law Updates
Deferral of assessment of non-refoulement obligations to be legally reasonable?
Federal Court. Must the deferral of the assessment of non-refoulement obligations to a subsequent protection visa application process be legally reasonable?
Appeal: duty of care owed to limit duration of detention?
Federal Court (Full Court). Are all duties of care discharged by the exercise of reasonable care, without imposing more stringent or onerous burdens? If so, does it necessarily follow that "a duty to achieve a particular result (eg confining the appellant’s detention to a specified duration) is not one that the law of tort would impose"?
Does FCA have jurisdiction to declare notification non-compliant with s 66?
Federal Court. In determining whether to grant an interlocutory injunction to prevent the Applicant's removal, is it sufficient that the underlying judicial review proceeding challenge only the discharge of the obligation under s 66, without directly challenging the exercise of the power under s 198 of the Migration Act 1958 (Cth)? Does the FCA have jurisdiction to declare a notification as non-compliant with s 66 of the Act?
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.