Legislation Updates
Migration Legislation Tracker
A single source about the status of pieces of legislation, Bills, commencement dates, disallowances, etc
Working Holiday & Work and Holiday: work and areas
The new instrument expands "the areas of Australia where recovery work can be undertaken for the purposes of satisfying ‘specified work’ requirements for a Working Holiday (Subclass 417) visa or Work and Holiday (Subclass 462) visa"
Status of forces agreement
The new regulations "establish a visa application-free pathway for members and civilian component members of the ... armed forces to enter into Australia"
Case Law Updates
Does ‘national interest’ require exceptionality?
Federal Court. Must there be something exceptional about that which is said to be 'in the national interest' under s 501BA(2)(b) of the Migration Act 1958 (Cth)?
GAP referral decisions: should reasons usually be given?
Federal Court. Should reasons as to whether to refer an ART decision to the ART's Guidance and Appeals Panel (GAP) usually not be given, for instance because, if a party appeals from that decision to the Court, "there may be some awkwardness in the [ART's] President making detailed findings on matters to be decided by the Court"?
Did s 48A operate even after Tribunal’s decision was substituted under s 417(1)?
High Court. Is the reference to the act of refusal in s 48A of the Migration Act 1958 (Cth) "simply to an historical fact, that has not been set aside in fact, regardless of its legal effect"? Does s 417 on its face confer a power of substitution only, instead of a power to set aside a decision of the Tribunal? Did the Assistant Minister's act of substitution in s 417(1) have the effect of setting aside the delegate's refusal decision?