Australian Immigration Daily News

What is the proper interpretation of the genuine temporary entrant requirement for student visas? 

This is a question that has been hotly litigated in the Federal courts over the last year. 

And it is one that remains highly relevant under the new student visa framework that came into force on 1 July 2016.  That is because the genuine temporary entrant criterion has been carried forward into the new Part 500 of Schedule 2:  new clause 500.212 reads as follows:

Crazy, wacky stuff happens in life all the time, doesn’t it? 

Is there any reason that the arena of migration decision-making should be any different? 

A case that was handed down last week by the Federal Circuit Court – Kaur v Minister for Immigration & Anor (2016) FCCA 1730 (20 July 2016) shows us that it’s not!! 

I can’t remember how long it has been since I had heard from DIBP or when the last “consultation” was but out of the blue, the Convenor, Liana Allan, received a stern letter from The NSW State Director, directing that MA cease and desist offering membership cards and practising certificates.

Unfortunately she (Liana Allan) only became aware of the communication after the elections for MA had been called and all positions declared vacant.

Accordingly, in my capacity as the Public Officer of MA, I was obliged to formulate a reply.

Should Australia have a more compassionate, more flexible approach towards asylum seekers? 

Or should it stick with its current approach, under which a person who makes an unsuccessful claim for protection, and who exhausts available reviews through the Tribunal and the Federal courts, is “expected to leave”? 

A report that was broadcast on the ABC’s “Australian Story” program last night, “Gone Girl”, puts a human face on these issues. 

Part 2.12 of the Code of Conduct for RMAs can be found below.  RMAs must not imply the existence of a relationship with the Department, for example, by using terms such as 'Australian Government Registered'.   Read Part 2.12 below:

Page-from-Code-of-Conduct.pdf

Below is the print out of RMA, Liana Allan's profile from the OMARA website which states: