Legislation Updates

Migration Legislation Tracker

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

New skills assessing authority

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

Iran: arrival control determination

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...

Case Law Updates

Potential citizenship grant irrelevant under s 501A(3)(a)?

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?

Illogical to assume facts remained the same since AAT’s decision?

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"?

Plaintiff M1 distinguished?

Federal Court. Does Paragraph 9.1.2(1) of Direction 110 recognise that a person may raise international non-refoulement obligations distinct from the statutory “protection obligations” assessed in the protection visa process?