Legislation Updates

LIN 19/066: Persons who may receive a pledge of commitment

'This instrument... specifies the new names of the divisions, branches and sections of entrusted persons of the Department of Home Affairs'

Migration Legislation Tracker

A single source about the status of pieces of legislation, commencement dates, disallowances, etc
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457 & 482: data matching between Department & ATO

'The Department... will exchange data with the [ATO] to identify whether business sponsors are complying with their... obligations ... and whether [subclass 457 and 482] visa holders are complying with their visa conditions'

Case Law Updates

When should apprehended bias be raised?

Federal Court granted relief despite the fact that the applicant had ‘failed to object to the composition of the Tribunal’, as the applicant was unrepresented at the Tribunal and did not know he had the right to object

Pitfall: last email address provided to the Minister

Federal Court: the applicant's last email address provided to the Minister for the purposes of receiving documents was the one provided by the AAT

Carer: meaning of ‘2 years’

Federal Circuit Court: the reference to 2 years under reg 1.15AA 'is not linked to “the assistance” but... to the “medical condition”'

Industry Updates

Talking Migration Law – episode 1

Episode 1 of the Talking Migration Law online video show features a discussion on the NT DAMA II, latest SkillSelect invitation round, CPTPP Agreement and LMT exemptions

WA reopens business nominations

WA's Small Business Development Corporation has just advised the writer that nominations will reopen on 17 Jan 2019 at 8.30am, local time

PIC 4020: Tip # 10: exceptions and waiver

The exceptions only apply to PIC 4020(2) and (2B); the waiver only applies to refusals made under PIC 4020(1) and (2)

Media Updates

Aboriginal ‘cannot be treated as an “alien”‘

'Lawyers... say they will press for a legal precedent [at the High Court] that a "member of the Aboriginal race of Australia" under the constitution cannot be treated as an "alien"'

Canadian-style migration in NSW

'NSW Premier... will today continue her mission to turn immigration into a state issue, announcing a six-point plan to address the state's "ballooning population"'

‘Man arrested for alleged migration fraud’

The giving of a false document to the Department has consequences that might go far beyond a mere refusal based on PIC 4020. It is also a criminal offence punishable with imprisonment for 10 years or 1,000 penalty units, or both

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