Legislation Updates
Migration Legislation Tracker
A single source about the status of pieces of legislation, Bills, commencement dates, disallowances, etc
Visa pre‑application registration charge
The new regulations "prescribe an amount of charge for registration as a registered participant in a visa pre‑application process conducted under subsection 46C(1) of the Migration Act 1958 ... in relation to a Subclass 462 (Work and Holiday) visa"
Amendment (subclass 462 visa) Regulations
The new regulations "introduce a requirement that to make a valid application for a Subclass 462 (Work and Holiday) visa, applicants who hold a passport issued by a specified foreign country must have been..."
Case Law Updates
Balance of convenience and ss 46A(2) and 198
Federal Court. The Applicant, an unauthorised maritime arrival, made a request for Ministerial intervention under s 46A(2) of the Migration Act 1958 (Cth). Before determining that request, the Applicant was told that he would be removed from Australia. In an application for interlocutory injunction to restrain his removal, did the balance of convenience favour the respondents because removal would frustrate the duty under s 198?
Do model litigant rules constrain AAT’s powers?
Federal Court (Full Court). Is the Minister's compliance with the model litigant obligations a constraint on the exercise by the Tribunal of its powers? Can a change to a foreshadowed hearing procedure "give rise to procedural unfairness where the affected person does not have the chance to object to the change"?
Criterion 5001 a mandatory relevant consideration?
Federal Court. In the context of cancellation under s 501(3) of the Migration Act 1958 (Cth), was the consequence brought about by cl 5001 of Schedule 5 to the Migration Regulations 1994 (Cth) a mandatory relevant consideration, whether or not the Applicant made claims bearing on the latter provision?