Legislation Updates

Payment of VACs & fees in foreign currencies

The new instrument "repeals the Migration (LIN 21/001: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2021 as in force on 1 January 2021 and operates to specify the currency applicable and the exchange rate for the currency specified for the purpose of subregulation 5.36(1A) as at 1 July 2021"

Places and currencies for paying of fees

The new instrument "repeals the Migration (LIN 21/002: Places and Currencies for Paying of Fees) Instrument 2021 as in force on 1 January 2021 and operates to specify the place in which a fee (excluding visa application charges mentioned in subregulation 5.36(3A) of the Regulations) must be paid and to specify the currency in which a fee must be paid in that place, being Australia or a foreign country, for the purpose of paragraphs 5.36(1)(a) and (b) of the Regulations as at 1 July 2021"

Migration Legislation Tracker

A single source about the status of pieces of legislation, Bills, commencement dates, disallowances, etc

Case Law Updates

Does cl 14.4(1) of Direction 79 mean what it says?

Federal Court (Full Court). Cl 14.4(1) of Direction 79 required decision-makers to consider, under s 501CA(4), the "impact of a decision not to revoke" the mandatory cancellation of a visa on members of the Australian community, including victims and relatives of victims of the former visa holder. Should cl 14.4(1) be interpreted as referring to the impact of a decision to revoke, as opposed to the impact of a decision not to revoke?

Multiple invitations allowed under s 501CA(3)(b)?

Federal Court (Full Court). Did s 33(1) of the Acts Interpretation Act 1901 (Cth) apply to s 501CA of the Migration Act 1958 (Cth), with the result that the Minister had the power, after having issued an invitation under s 501CA(3)(b), to issue another invitation that was effective for the purposes of s 501CA(4)?

Meaning of “delivered by courier service”

Federal Court. IMMI 17/016 specified that applications for a Aged Dependent Relative (Class BU) visa had to be made by post or "delivered by courier service". Did the delivery by an employee of the Appellant's law firm satisfy the latter requirement? Or was it necessary for the delivery to be made by a private company that provides courier delivery services, with the result that the application delivered by that employe was invalid?

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

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.

COVID-19: travel ban expanded to Italy

The government has just announced that it will expand the travel ban to Italy as of 6PM tonight, 11 March 2020.

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