Legislation Updates
Migration Legislation Tracker
A single source about the status of pieces of legislation, Bills, commencement dates, disallowances, etc
Changes in relation to PIC 4005 and 4007
The new instrument specifies temporary visa subclasses for PIC 4005(2)(b)(ii) and 4007(1A)(b)(ii), for which "the applicant’s health and associated costs will be assessed for the same period for which a permanent visa is assessed, that is, a period commencing when the application is made (rather than the period for which the Minister intends to grant the visa)"
ART to make some decisions “on the papers”
The new Act makes several changes, including requiring the ART to make decisions relating to temporary visas on the papers, if ... Also, do the changes give the ART the discretion to make 'on the papers' decisions relating to permanent visas?
Case Law Updates
Constructive refoulement?
Federal Court. Is there a principle of constructive refoulement in Australian law?
Confusing letter, as there was no authorised recipient?
Federal Court. A letter notifying of a visa refusal stated: "As this letter was sent by email, you are taken to have received it at the end of the day it was transmitted. You have appointed an authorised recipient and are taken to have received this letter at the end of the day it was transmitted to your authorised recipient." Is the letter defective, as there was no authorised recipient?
‘National interest’ in s 501BA interpreted
Federal Court (Full Court). Can it be said that "the national interest requires an emergency, a significant threat or other circumstances involving the nation as a whole" and that "[t]he expression ‘national’ also directs attention to the interests of Australia as a whole as distinct from local or regional interests within Australia"?









