Legislation Updates

Organisations for non-judicially determined claims of family violence

"The purpose of the instrument is to specify the organisation ... for the purposes of the definition of independent expert in regulation 1.21 of the Migration Regulations..."

Migration Legislation Tracker

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

New VACs from 1 July 2025

The new instrument increases Visa Application Charges (VACs) starting on 1 July 2025. The new Migration Amendment (Visa Application Charges) Regulations 2025 commences on 1...

Case Law Updates

Australian Privacy Principle 6 interpreted

Federal Circuit and Family Court. The Tribunal refused to release information under s 362A of the Migration Act 1958 (Cth), finding that disclosure was not permitted under the Australian Privacy Principle 6. Did the Tribunal make an error, in that the primary purpose of collecting such information was the same for which the delegate and Tribunal would have disclosed it, namely to assess whether the applicant was the sponsor's spouse?

Illogical to expect detainee to show rehabilitation in the community?

Federal Court. Was it impossible for the Applicant to demonstrate the testing of his rehabilitation in the community, as he had not been in the community, with the result that the finding about lack of testing in the community was illogical?

AAT’s “unattributed” copying from delegate’s reasons

Federal Circuit and Family Court. Did the Tribunal’s unattributed copying from the delegate’s reasons, combined with other factors, lead to the conclusion that it failed to bring its own independent mind to the merits of the review? If so, is that a type of error that is material by definition?

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