Legislation Updates

Migration Legislation Tracker

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

Subclass 408: nil VAC for new class of persons

"The purpose of this instrument is to specify the ... as an AGEE under clause 408.229 of Schedule 2 to the Migration Regulations"

Subclass 408: class of persons for nil VAC

"The purpose of this instrument is to specify the ... as an AGEE under clause 408.229 of Schedule 2 to the Regulations"

Case Law Updates

Power in s 501BA(2): legally unreasonable timing?

Federal Court. Might legal unreasonableness (in the sense that the result itself bespeaks error) be found on the basis that there is no plausible justification for the timing of a decision under s 501BA(2) of the Migration Act 1958 (Cth) that is otherwise within power?

Stay of Tribunal proceedings: relevant test

Federal Court. Will the Court only grant a stay of Tribunal proceedings when its supervisory jurisdiction is involved, and where there are shown to be “exceptional circumstances”?

Minister owed costs even though non-citizen conceded?

Federal Court. Despite the substantial overlap in the considerations that are taken into account in exercising the discretion to refuse to grant a visa under s 501(1) of the Migration Act 1958 (Cth) and those taken into account in an exercise of the power conferred by s 501CA(4) to revoke a mandatory cancellation decision, and that fact that both powers are to be exercised by reference to Direction 110, are those powers distinct and different in material respects?

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