Legislation Updates
Migration Legislation Tracker
A single source about the status of pieces of legislation, Bills, commencement dates, disallowances, etc
Priority consideration for certain visitor visas
"The instrument specifies requirements to make a request for the Minister to prioritise the consideration of a valid application for a visa. On a request made in accordance with regulation 2.12M of the Regulations, in relation to a valid application for a visa, the Minister may prioritise the consideration of the application."
Protecting migrant workers
The new Bill seeks to amend the Migration Act 1958 (Cth) to "introduce new offences and related civil penalty provisions for employers, labour hire intermediaries and other persons in the employment chain who coerce or exert undue influence or undue pressure on a non-citizen to accept or agree to an arrangement in relation to work"
Case Law Updates
Evidence required on welfare & public support in China?
Federal Court. The Minister found: "I also consider that he would have the same access to welfare, health, education and public support as other nationals". Was the Minister’s finding limited to a general finding that the Applicant would have the same level of access to welfare and public support as other PRC citizens, which did not encompass a finding as to the existence or extent of such services in the PRC?
FCA: sources of power for declaratory relief
Federal Court (Full Court). Can it be said that, the Federal Court's "jurisdiction having been validly invoked, the Court had power to grant declaratory relief as an adjunct or alternative to other relief, the source of that power being found in either or each of s 23 of the [FCA Act] and s 16 of the ADJR Act, if not also the Court’s status as a superior court of record and one of law and equity"?
AAT entitled to compare Australia to Canada without evidence?
Federal Court. Was the Tribunal entitled to find, without evidence, that Canada: had a "comparable standard of support for rehabilitation services" as in Australia; "is a wealthy democratic democracy that enjoys a high standard of living, similar to Australia in many ways"?
Industry Updates
Not the Minister; no bad faith; not criminal
Federal Court (Full Court). AAT granted visa on 11 Mar 2020 to Respondent, who was kept in detention till 17 Mar 2020. Minister applied for JR to FCA, which dismissed application and held, among other things: Respondent was not released earlier because of the Minister's "personal dislike of the Tribunal decision"; “In the absence of explanation, the Minister [had] engaged in conduct which [could] only be described as criminal”. FCAFC unanimously allowed Minister's appeal, holding that conduct in question did not amount to bad faith (and implicitly was not criminal) and was not engaged in by Minister personally. If AAT makes a decision based on the law as then understood and that understanding is later on overturned by a court, is the AAT's decision affected with jurisdictional error ab initio? Did AAT have power to grant visa which had been refused under s 501?
AAT on deregulation: action required
The Tribunal is requiring Australian legal practitioners with pending migration matters to take the steps described in this article, due to the commencement of deregulation
Hidden & potentially significant consequences of deregulation to lawyers
With respect, it appears that Parliament did not consider some unintended, but potentially significant, consequences of the "deregulation legislation". For instance, the Department will no longer be required, in some circumstances, to communicate with non-RMA lawyers, even if informed that they are both the representative and authorised recipient, as we explain in this article. It is true that, although the Department will not be required to communicate with the non-RMA lawyer in those circumstances, it might be very likely to do so anyway. However, who would like to take the risk, even if very low?
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.