Legislation Updates

Migration Legislation Tracker

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

English tests and exemptions for student visas

The new instrument provides an updated list of registered courses that are specified to be eligible pathway programs The new Migration (English Language Tests and...

New Ministerial Direction: national innovation visas

Order of consideration and assessing exceptional and outstanding achievement for the Subclass 858 visa

Case Law Updates

Benefit to community an irrelevant consideration due to NZYQ?

Federal Court. As the Appellant's detention was unlawful because of NZYQ, was it legally unreasonable or irrational to assess the benefit to the community on the basis of a detention which was unlawful?

Student visa and materiality

Federal Court. Were the financial capacity criterion and enrolment criterion not entirely independent, with the result that the Tribunal's finding on the latter did not render its error on the former immaterial?

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

Federal 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?

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