Legislation Updates
Migration Legislation Tracker
A single source about the status of pieces of legislation, Bills, commencement dates, disallowances, etc
‘On the papers’ ART reviews starting soon
A proclamation has been registered, setting the commencement date for the changes to the Migration Act 1958 (Cth) that will require the ART to decide some reviews on the papers
Parent visas: application arrangements
New arrangements for the making of parent visa applications will commence soon
The new Migration (Arrangements for Parent Visa Applications) Instrument 2026 commences on 22...
Case Law Updates
Thornton and Lesianawai applicable in Victoria?
Federal Court. In circumstances where the non-citizen was convicted in Victoria, did the Tribunal err by applying Thornton and Lesianawai without giving any consideration to the question of whether there was any Victorian law that attracted the operation of s 85ZR(2) of the Crimes Act 1914 (Cth)?
Appeal: is Australia’s agreement with Nauru valid?
High Court. Is the power in s 198AHB of the Migration Act 1958 (Cth) conditioned on a requirement to afford the affected person procedural fairness? Does the question of whether to remove a non-citizen is reasonably practicable encompass "an assessment of what will or might be expected to happen to the non-citizen once received into the country to which the non-citizen is removed"? Do ss 198AHB, 76AAA and 198(2B) contravene Ch III of the Constitution in their application to the appellant?
To what extent, if any, is Teoh still good law?
Federal Court (Full Court). Can it be said that, "absent prior notice here that the weight that the Tribunal might attach to its consideration of the best interests of affected children would be less than the weight that it might attach to its consideration of a different matter or circumstance, procedural fairness would be denied"?