Migration Law Updates

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

The new instrument "specifies the investments permitted for certain streams for Subclass 188 (Business Innovation and Investment (Provisional)) visa and Subclass 888 (Business Innovation and Investment (Permanent)) visa under Australia’s Business Innovation and Investment Program (BIIP)"

"The purpose of the instrument is to ... reflect changes to the manner in which a Bridging E (Class WE) application on paper forms 1005 and 1008 is lodged... In addition, the instrument amends the approved forms for bridging visa applications under the Migration Regulations to include references to..."

Federal Court. Can it be said in light of FYBR that "decision-makers are required to have due regard to the government’s views as to the expectations of the Australian community, but that the question as to whether it is appropriate in all the circumstances to act in accordance with those expectations remains a matter for the Tribunal’s discretion"? If the Tribunal refers in its decision to the submissions made by an applicant, does it necessarily mean that it considered those submissions?

Federal Court. In determining whether a self-represented person made a clearly articulated claim to an administrative decision-maker, should it be taken into account that a claim might not be drafted with the skill of practitioners?

Federal Court. If the Tribunal suggests that it will consider only a subset of the issues considered by the delegate but in reality also considers other issues considered by the delegate, is it under an obligation under s 360(1) to "invite the applicant to give evidence and present arguments relating to [those other] issues"?