Legislation Updates
Migration Legislation Tracker
A single source about the status of pieces of legislation, Bills, commencement dates, disallowances, etc
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...
Combatting migration exploitation
The amendments to the Migration Act 1958 (Cth) will allow for the implementation and maintenance of a public register of ...
Case Law Updates
Comparative risk of harm between BVR and other visa?
Federal Court (Full Court). In considering under Direction 110 the protection of the Australian community from criminal or other serious conduct, may it be "appropriate for a decision maker to adopt a comparative risk analysis that looks at the relative risk to the community posed by the non-citizen holding the cancelled visa compared to a BVR"?
Section 140(1) inapplicable if no longer MOFU?
Federal Court. Does the Federal Court have jurisdiction to review cancellations made under s 140(1) of the Migration Act 1958 (Cth)? Does s 140(1) apply to a person who is no longer a member of the family unit of a person whose visa was cancelled under ss 109, 116, 128, 133A, 133C or 137J?
Criteria in cl 820.211(2)(d) cumulative?
Federal Court (Full Court). In the context of an assessment under cl 820.211(2)(d) of Sch 2, can it be said "a decision-maker, in a case where the requirements of one of the Schedule 3 criteria has been found not to be satisfied, is required to consider all of the Schedule 3 criteria, and to make factual findings with respect to each element of those criteria, before assessing whether there are compelling reasons not to apply the Schedule 3 criteria"?