Legislation Updates
Organisations for non-judicially determined claims of family violence
"The purpose of the instrument is to specify the organisation ... for the purposes of the definition of independent expert in regulation 1.21 of the Migration Regulations..."
Migration Legislation Tracker
A single source about the status of pieces of legislation, Bills, commencement dates, disallowances, etc
New VACs from 1 July 2025
The new instrument increases Visa Application Charges (VACs) starting on 1 July 2025.
The new Migration Amendment (Visa Application Charges) Regulations 2025 commences on 1...
Case Law Updates
Danger to the community despite NZYQ?
Federal Court. In the context of assessing the national interest, would the threshold of being a danger to the community only be met if the applicant was able to be a part of that community and neither in gaol nor in immigration detention?
Does s 36(1C)(b) call for a comparative exercise?
Federal Court. Does s 36(1C)(b) of the Migration Act 1958 (Cth) call for "comparative exercise to assess whether the grant of a protection visa would result in an increase in the danger to the community posed by the applicant over the danger to the community posed by the applicant if a protection visa were not granted"?
Matters in para 8.4(4) of Direction 99 mandatory considerations?
Federal Court (Full Court). Does the decision to be made as to whether to revoke a visa cancellation under s 501CA(4) of the Migration Act 1958 (Cth) require "each of the factors that are listed in s 8.4(4) [of Direction 99] to be taken into account as part of the final weighing exercise to be undertaken in order to comply with the direction"?
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.