System Message:

Australian Immigration Daily News

Breaking Australian immigration news brought to you by Migration Alliance and associated bloggers. Please email help@migrationalliance.com.au

  • Home
    Home This is where you can find all the blog posts throughout the site.
  • Categories
    Categories Displays a list of categories from this blog.
  • Tags
    Tags Displays a list of tags that have been used in the blog.
  • Bloggers
    Bloggers Search for your favorite blogger from this site.
  • Team Blogs
    Team Blogs Find your favorite team blogs here.
  • Login
    Login Login form

General

Posted by on in General

Does it matter if an applicant for a partner visa‘s motives for entering into a marriage are primarily to get a visa to remain in Australia?

If an applicant’s motives are primarily to get a visa, does that mean that other evidence demonstrating that the applicant is in a genuine spousal relationship can be disregarded?

These important questions were considered in a decision that was handed down last week by Justice Driver of the Federal Circuit Court, Mahmoud v Minister for Immigration & Anor (2018) FCCA 54 (8 February 2018).

...
Continue reading Last modified on
Hits: 350 2 Comments
Rate this blog entry:
2

Posted by on in General

Is section 501(3)(A) of the Migration Act unconstitutional? 

Recall: this section of the Act makes if mandatory for the Minister to cancel the visa of a person who 1) does not pass the character test by reason of having a “substantial criminal record”, as defined under section 501(a); or 2) has committed sexually based offences involving a child; and the person is serving a sentence of imprisonment, on a full time basis, in a custodial institution for an offence against a law of the Commonwealth, or of a State or Territory. 

Is this section of the Act unconstitutional because it imposes an additional “punishment” on the visa holder, and therefore infringes against Chapter III of the Australian Constitution, which vests exclusive power on the judiciary to impose punishment on persons as the result of criminal conduct

...
Continue reading Last modified on
Hits: 412 2 Comments
Rate this blog entry:
3

Posted by on in General

On 7 February 2018, Queensland Senator Pauline Hanson of the One Nation Party introduced a bill into the Senate which proposes changes to the Australian Citizenship Act that are even more draconian than the amendments that were supported in 2017 by the Turnbull Government - which ultimately did not secure passage.

The bill sponsored by Senator Hanson is entitled the "Australian Citizenship Legislation Amendment (Strengthening the Commitment for Australian Citizenship and Other Measures) Bill".

The principal features of the legislation are:

...
Continue reading Last modified on
Hits: 685 6 Comments
Rate this blog entry:
2

Posted by on in General

It seems that Legal Training Australia LTA) is still the least expensive CPD in the migration advice profession for all CPD types.

Here are the price points for some of the main CPD providers in the profession:

Practice Ready Program

...
Continue reading Last modified on
Hits: 642 7 Comments
Rate this blog entry:
7

Posted by on in General

Is there anything that you can do to challenge the opinion of an independent expert concerning whether an applicant for a partner visa has suffered family violence? 

Or does regulation 1.23(10), which requires that the Minister – that is either the Department or the Tribunal – to take the independent expert’s opinion to be correct the “end of the matter”? 

Does this regulation necessarily put a Tribunal decision that is predicated on an independent expert’s opinion that the applicant was not the victim of family violence beyond contest? 

...
Continue reading Last modified on
Hits: 631 5 Comments
Rate this blog entry:
2
Joomla SEF URLs by Artio

Immigration blog

Westpac Banner
Motives for Entering Marriage Will Not Prevent Grant of Partner Visa
Does it matter if an applicant for a partner visa‘...
Continue Reading...
High Court Rejects Challenge to Constitutionality of Mandatory Visa Cancellation Provisions!
Is section 501(3)(A) of the Migration Act unconsti...
Continue Reading...
News Flash: Pauline Hanson Sponsors Amendments to Citizenship Act
On 7 February 2018, Queensland Senator Pauline Han...
Continue Reading...
Comparing CPD Prices in the Migration Advice Profession
It seems that Legal Training Australia LTA) is sti...
Continue Reading...
How to Challenge Independent Expert in Family Violence Case
Is there anything that you can do to challenge the...
Continue Reading...