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Australian Immigration Daily News

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

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Historically speaking, changes to Australian immigration requirements often results in increased number of refusals of applications.  There are reasons for increased refusals.  These reasons include stricter enforcement of regulations, increased scrutiny by case officers or unfair and harsh interpretation of the policy.

Where your application is refused, it is important to consider the next step in your immigration strategy.  It is also important to remember that time is something which is critical and each subsequent step needs will have consequences for your chances to remain in Australia. For example, it may be appropriate to re-submit the application and address areas of concerns raised at the original application.  However, there are instances where it is appropriate to appeal a decision.

Administrative Appeals Tribunal (AAT) – what you need to know: 

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Are things always as difficult/impossible as they seem?

Assume, for example, that you were asked for advice about the following circumstances in relation to a Partner visa application:

1. That during the period when an applicant and his sponsor claimed to be living together in a de facto relationship, the sponsor had been granted a “parenting payment single” by Centrelink, accompanied by a letter from Centrelink which stated that the sponsor was “not partnered”;

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Administrative Appeals Tribunal - Migration & Refugee Division fee increase from 1 July 2017 for review of a migration or refugee decision

From 1 July 2017, the fee will increase to $1,731 for all new applications for a review of a migration or refugee decision by the Migration & Refugee Division where a fee is payable.

The fee payable after an unfavourable review decision is made by the Migration & Refugee Division in relation to a protection visa will also be $1,731.

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There has been another extremely important decision from the Full Court on the issue of visa cancellation on character grounds.

This decision was handed down by the Full Court yesterday, 13 June 2017, and just appeared on Austlii this morning: BCR16 v Minister for Immigration and Border Protection (2017) FCAFC 96 (13 June 2017).

The case defines a new possible basis for challenging a decision made personally by the Minister or Assistant Minister to refuse to revoke the mandatory cancellation of a visa on character grounds.

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In case you may have missed it, we are providing links to some news stories that appeared over the Queen's Birthday long weekend in the Australian media concerning further proposed changes to Australia's citizenship that are likely to be introduced into Parliament in the near future.

Here's a link to a story describing the changes, and here is another link to an article that provides some critical comments on the proposal.

These changes go beyond  the proposed changes to the Australian Citizenship Act that were announced by the government in late April. Those changes would increase the required period that an applicant for citizenship must be a permanent resident of Australia from the current 12 months to 4 years; would require applicants to demonstrate a "competent" level of proficiency in English; would change or, in the government's words, "strengthen" the citizenship test to require applicants to demonstrate understanding and acceptance of "Australian values"; and would require applicants to provide evidence that they have become "integrated" into the Australian community.

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Immigration blog

Disciplinary Proceedings Before AAT: Migration Agent Narrowly Escapes the Chop!
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Proposed Changes to Australian Citizenship Act 2007
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DIBP Road Show Presentations June 2017: 457 visas and Australian Citizenship
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My visa application is refused, so now what? Guide to appeal.
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