Legislation Updates

Caps on family visas

The instrument determines the maximum number of parent visas and other family visas that may be granted between 1 July 2025 and 30 June 2026 

Migration Legislation Tracker

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

New country added to subclass 462 (work and holiday)

"The effect of the amendment is that a person who holds a valid passport issued by ... will be in a class of persons who are exempt from the requirement to provide a letter of support from their government to apply for a Subclass 462 (Work and Holiday) visa"

Case Law Updates

Good faith a defence to tort arising from unlawful detention?

High Court. If an officer detained an unlawful non-citizen "in the purported performance of a statutory duty to detain in conformity with the law as declared in a prior decision of this Court which has been held in a subsequent decision of this Court to have been erroneous", is that prior decision a defence to liability for the tort of false imprisonment?

Section 501(3A) cancellation invalid ab initio if imprisonment term is later reduced?

  Federal Court. Will a cancellation decision under s 501(3A) be invalid if it is based on the existence of a “term of imprisonment of...

Distinction between a claim and evidence in support of it?

Federal Court. Is there a "lack of utility in seeking to erect some rigid distinction between so-called “claims” and so-called “evidence in support of claims”"? Can it be said that "the making of a written statement under s 368(1) is not “posterior” to making a decision" and that, rather, "the effect of s 368(6) is that a decision by the Tribunal is made “by” the making of a written statement"?