Migration Law Updates

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

Among other things, the new instrument replaces a skills assessing authority

The Minister has made an arrival control determination under the new s 84E of the Migration Act 1958 (Cth) The new Migration (Arrival Control) Determination...

Federal Court. The Minister found as follows under s 501BA of the Migration Act 1958 (Cth): "While I accept that the removal and visa limitations which result from a decision to cancel [the Applicant’s] visa would likely sever his ability to return to Australia, I find that this is the intended consequence of the operation of s 501 of the Act. Accordingly, I afford this consideration neutral weight." Was that finding circular and therefore legally unreasonable?

Federal Court. In exercising the power in s 501A(3)(a) of the Migration Act 1958 (Cth), was the possibility that if the permanent visa in question was not cancelled the applicant could obtain citizenship an irrelevant consideration or illogical, irrational or legally unreasonable reasoning?

Federal Court. Given the 25-month gap since the Tribunal’s decision, was it "illogical or irrational for the Minister to assume that certain facts at the date of the Tribunal’s hearing remained the same, or that the lack of evidence on certain matters at the date of the Tribunal’s decision meant that there continued to be a lack of evidence at the date of his decision"?