Migration Law Updates

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

Among other things, the new regulations "make amendments in relation to the BVR to strengthen the legislative framework that supports effective management of members of the NZYQ cohort on BVRs in the Australian community"

The new regulations "amend the Migration Regulations 1994 to enable the Department of Home Affairs (the Department), including the Australian Border Force, to collect facial images from..."

Federal Court. In the context of cl 500.212(a) of Schedule 2 to the Migration Regulations 1994 (Cth), can it be said that, since the grant of a student visa would allow the appellants to stay in Australia for only a specified period, a mere change of plans from a visitor visa to make an application for a student visa could not provide evidence of an intention to stay permanently or indefinitely in Australia?

Federal Court (Full Court). In determining that the Tribunal had no jurisdiction to review the decision because of the invalidity of the application, was there a "decision of the Tribunal under section 415" of the Migration Act 1958 (Cth), with the result that the Minister had the power under s 417 to substitute for the decision of the Tribunal?

High Court. Can it be said that "a decision maker, in whom is reposed a very general statutory power or discretion, can reduce the standard of procedural fairness to "nothingness" simply by deciding that the interests of those affected are irrelevant"?