Legislation Updates

Migration Legislation Tracker

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

Realigning the Community Support Program

The new Regulations "implement certain criteria relevant to making a valid application and satisfying eligibility criteria for the grant of a Subclass 202 (Global Special Humanitarian) visa (Subclass 202 visa), where the application includes a proposal by an Approved Proposing Organisation"

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 

Case Law Updates

Substantial compliance despite lack of explanation of Acts Interpretation Act?

Federal Court. Can it be said that the non-revocation notice "substantially complies with the requirement in s 501G(f)(ii) of the Migration Act despite the omission in this case of an explanation of the effect of s 36(2) of the Acts Interpretation Act"?

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...