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Migration Newsletter 755 by Lewis & Bollard
Migration Newsletter 755 has been released and makes excellent reading:
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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Sanctioned Migration Agents required to pass the Capstone
It has been brought to our attention within a private Facebook group (Capstone Exam Study Group), that decision records from the Office of the MARA are starting to require sanctioned migration agents to pass the Capstone. The earliest decision record which contained this requirement is reported to be from 2018. The decision record contains the following sentence:
"Agent has passed the Capstone assessment offered by The College of Law (Limited) to assess the Agent’s ability to meet the Occupational Competency Standards for Registered Migration Agents"
Thank you, Ira Rodriguez for bringing this to the attention of the migration agent profession.
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AFP to carry short-barrelled rifles at major Australian airports to counter terrorism, and first response capabilities
Australian Federal Police Protection (AFP) officers will now be armed with short-barrelled rifles (SBRs) and specialised first-response-capabilities in designated Australian airports from today.
“There is no elevated threat level in airports. The rollout is designed to ensure Australia aligns with world-best-practice for counter terrorism first response activity. It is vital we are equipped to respond immediately with the appropriate resources to any situation in the airport environment,” Commissioner Kershaw said.
“Members of the public should be aware while there will be no changes to the way they move through Australian airports, they will start seeing Protection Operation Response Team (PORT) officers patrolling alongside general duties members, specialised firearm and explosive detection canines and Rapid Appraisal Officers; who are responsible for rapid, targeted assessment of potential explosive threats.”
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Migration Newsletter 754 by Lewis & Bollard
Migration Newsletter 754 has been released and makes excellent reading:
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Federal Court decision summaries December 2019
| DKT16 v Minister for Immigration and Border Protection [2019] FCAFC 208 Full Court of the Federal Court of Australia Davies, Moshinsky & Snaden JJ Migration law - Minister's delegate refused appellant's application for a protection (class XA) visa - Refugee Review Tribunal affirmed delegate's decision - Federal Circuit Court of Australia dismissed judicial review application - whether to grant leave to appeal on proposed ground, not raised before Federal Circuit Court, that Tribunal had failed to consider risks which appellant 'faced cumulatively as an HIV-suffering widow' - whether Tribunal considered whether there was 'real risk' of appellant being subjected to "extreme humiliation" - whether Tribunal misconstrued “significant harm” or “degrading treatment or punishment” under ss36(2)(aa) & 36(2A)(e) Migration Act 1958 (Cth) - held: leave to raise ground of appeal dismissed - appeal dismissed. DKT16 |
| Secretary, Department of Home Affairs v CCA19 [2019] FCAFC 209 Full Court of the Federal Court of Australia Allsop CJ, Robertson & Moshinsky JJ Migration law - primary judge found 'two or more treating doctors for' respondent had notified Secretary that respondent was a 'relevant transitory person' under s198E(1) Migration Act 1958 (Migration Act) - primary judge was also satisfied to order Secretary to notify Minister that respondent was a relevant transitory person - whether primary judge erred in finding doctors were 'treating doctors' - construction of s198E Migration Act - definition of 'treating doctor' in s198E(7) Migration Act - whether a treating doctor must 'have direct personal interaction with' a transitory person 'in assessing' that person 'either remotely or in person' - held: appeal dismissed. Secretary, Department of Home Affairs |
| CAQ17 v Minister for Immigration and Border Protection [2019] FCAFC 203 Full Court of the Federal Court of Australia Mortimer, Derrington & Steward JJ Migration law - appellants were mother, father and three children - Minister's delegate refused to grant ppellants protection visas - Immigration Assessment Authority affirmed delegate's decision - Federal Circuit Court of Australia dismissed judicial review application - whether Authority erred in not being satisfied there were 'exceptional circumstances' justifying receipt of submissions of 'asserted new information' on second applicant's behalf - "new information" - s473DD(a) Migration Act 1958 (Cth) - held: appeal dismissed. CAQ17 |
| CPE16 v Minister for Immigration and Border Protection [2019] FCA 2007 Federal Court of Australia Jagot J Migration law - Minister's delegate refused to grant appellant a Safe Haven Enterprise Visa (SHEV) - Immigration Assessment Authority affirmed delegate's decision - Federal Circuit Court of Australia dismissed judicial review application - whether Authority's consideration of applicant's claims miscarried - whether Authority failed to consider 'risk of harm' to appellant arising from appellant's travel for his 'petrol selling business' - whether, if Authority erred, error was material - ss5J(1) & 36(2B)(a) Migration Act 1958 (Cth) - held: appeal allowed. CPE16 |
Source: Benchmark https://benchmarkinc.com.au/web/
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