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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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Coronavirus Economic Response Package (Payments and Benefits) Amendment Rules (No. 5) 2020 released days ago confirming that the payment may be extended up to December 2020.

As per the explanatory statement the initial package was introduced to assist businesses and employees up until September 2020. 

The new Legislative instrument - Subsection 7(1) of the Act provides that the rules may make provision for and in relation to, one or more kinds of payments by the Commonwealth to an entity in respect of a time that occurs during the prescribed period (the period between 1 March 2020 and 31 December 2020), the establishment of a scheme providing for matters relating to one or more of those payments, and matters relating to such a scheme. Any payments must relate to the prescribed period – the period from 1 March 2020 to 31 December 2020.

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Since the break-out of COVID19, word’s major airlines had to make a significant changes to the restrictions on the number of aircrafts being allowed to carry domestic and international travel.

Qantas released the following statement on International Flights

All scheduled international flights, except for flights between Australia and New Zealand, are suspended until at least the end of October 2020, due to government restrictions. All scheduled flights between Australia and New Zealand are suspended until at least mid-August 2020”

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Throughout this week in the media, Hong Kong has been in the spotlight over the political unrest with the Mainland China. Migration Alliance has been bringing readers up to date information on the current situation as it unfolds.

Below is a summary of what we know, and we do know so far about the new streamlined visa arrangements:

Announcement:

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New fees schedule for skills assessment application and appeals process, applicable from July 2020

Old fees:

Skills assessment application: $292

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AAL19 v Minister for Home Affairs [2020] FCAFC 114
Full Court of the Federal Court of Australia
Logan, Markovic & Anastassiou JJ
Migration law - Minister's delegate refused appellant's application for a Safe Haven Enterprise (subclass 790) visa (SHEV) - Immigration Assessment Authority affirmed delegate's decision - Judge Egan, of Federal Circuit Court of Australia, dismissed judicial review application - appellant appealed - whether erroneous failure to consider appellant's claims - whether erroneous finding of no 'exceptional circumstances' to justify consideration of information - whether misapplication of s473DD Migration Act 1958 (Cth) (Migration Act) - whether material delivered to Authority in "administrative error" (material) led to Authority making decision 'in excess of jurisdiction' - whether bias arising from material - whether Authority obliged to exercise 'power to “get” “new information”' - ss473CB(1)(c) & 473DC Migration Act - CNY17 v Minister for Immigration and Border Protection [2019] HCA 50 held: appeal dismissed.
AAL19
Leone v Minister for Home Affairs [2020] FCAFC 117
Full Court of the Federal Court of Australia
Davies, Steward & Jackson JJ
Migration law - appellant's Class BF Subclass C Transitional (Permanent) visa cancelled under s501(3A)(b) Migration Act 1958 (Cth) (Migration Act) (cancellation decision) - Minister's delegate declined to revoked cancellation decision - Administrative Appeals Tribunal affirmed delegate's decision - O'Bryan J, of Federal Court of Australia, dismissed judicial review application - appellant appealed - whether to grant appellant leave to rely on new appeal grounds - whether failure to discharge 'duty of review' - whether failure to inform appellant concerning issue in review - whether denial of procedural fairness - Ministerial Direction 79 - s501CA(4) Migration Act - held: appeal dismissed.
Leone
SZSLA v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 944
Federal Court of Australia
Colvin J
Migration law - applicant applied for temporary partner visa - applicant did not apply for temporary partner visa within required 28 day period - Minister's delegate refused to grant the visa - Administrative Appeals Tribunal affirmed delegate's decision, not being satisfied of 'compelling reasons' not to apply '28 day criterion' - Judge Driver, of Federal Circuit Court, dismissed judicial review application - appellant appealed - held: Tribunal 'failed to deal in any meaningful way' with appellant's claim that he was 'father to four young children' - Tribunal did not give 'real consideration' to appellant's case when it made decision concerning 'exceptional circumstances' - decision lacked 'requisite statutory character' - appeal allowed.
SZSLA

Source: Benchmark

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