Legislation Updates

Migration Legislation Tracker

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

Changes to BVRs and more

Among other things, the new regulations "make amendments in relation to the BVR to strengthen the legislative framework that supports effective management of members of the NZYQ cohort on BVRs in the Australian community"

Personal Identifiers Regulations

The new regulations "amend the Migration Regulations 1994 to enable the Department of Home Affairs (the Department), including the Australian Border Force, to collect facial images from..."

Case Law Updates

Appeal: Ministerial intervention for AAT’s ‘no jurisdiction’ decision?

Federal Court (Full Court). In determining that the Tribunal had no jurisdiction to review the decision because of the invalidity of the application, was there a "decision of the Tribunal under section 415" of the Migration Act 1958 (Cth), with the result that the Minister had the power under s 417 to substitute for the decision of the Tribunal?

PF reduced to nothingness if decision-maker decides interests of affected person are irrelevant?

High Court. Can it be said that "a decision maker, in whom is reposed a very general statutory power or discretion, can reduce the standard of procedural fairness to "nothingness" simply by deciding that the interests of those affected are irrelevant"?

Section 362B(1C)(a) interpreted

Federal Court. In determining under s 362B(1C)(a) of the Migration Act 1958 (Cth) whether it was "appropriate" to re-instate a Tribunal application dismissed for non-appearance at the hearing, were "the merits of the substantive application, and in circumstances where the application was dismissed for a failure to appear at a hearing, the explanation for it", relevant considerations?

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