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Liana - Allan

Liana - Allan

Liana Allan is probably Australia's best known migration agent. Liana is the owner of Legal Training Australia Pty Ltd which is a professional development firm training Australian migration agents and owner of Visacorp Pty Ltd migration agency. Liana's main passion is serving the needs of the migration agent community and providing migrants with information that can truly assist them as they seek to create a new life in Australia. Liana plays netball twice a week and enjoys great food and the occasional glass of Shiraz. Liana lives in Sydney, Australia and has two children. Liana is married.

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EVK18 v Minister for Home Affairs [2020] FCAFC 49
Full Court of the Federal Court of Australia
Flick, Griffiths & Moshinsky JJ
Migration law - Minister's delegate cancelled appellant's visa (cancellation decision) under s501(3A) Migration Act 1958 (Cth) (Migration Act) - Assistant Minister, pursuant to s501CA(4) Migration Act, declined to revoke cancellation decision - Perram J of Federal Court of Australia dismissed judicial review application - whether Minister erroneously failed to consider or give 'meaningful consideration to' risk of harm - non-refoulment - 'outside context of non-refoulment' - 'another reason' - Ezegbe v Minister for Immigration and Border Protection [2019] FCA 216 - held: no error in Minister's decision - appeal dismissed.
EVK18
Moorcroft v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 382
Federal Court of Australia
Collier J
Migration law - Minister's delegate refused to grant appellant Special Category (subclass 444) visa (later visa) - appellant had previously been granted a Special Category (subclass 444) (earlier visa) - earlier visa had been cancelled - appellant required to leave Australia as 'unlawful non-citizen' - decision to cancel earlier visa subsequently quashed - appellant returned to Australia - delegate refused to grant later visa on basis appellant had been "removed or deported from Australia" - appellant sought judicial review - Judge Vasta of Federal Circuit Court of Australia dismissed judicial review application - statutory interpretation - whether appellant had been “removed or deported from Australia” - “behaviour concern non-citizen” - s5(d) Migration Act 1958 (Cth) (Migration Act) - held: appellant had not been "removed" within meaning of Migration Act - appellant not a "behaviour concern non-citizen" - appeal allowed.
Moorcroft
AJB18 v Minister for Home Affairs [2020] FCA 381
Federal Court of Australia
Banks-Smith J
Migration law - child sought protection visa - parents included in application - parents in de facto relationship - mother not divorced from husband - husband remained in Nepal - Minister's delegate refused to grant application - Administrative Appeals Tribunal affirmed delegate's decision - Judge Christopher Kendall of Federal Circuit Court of Australia dismissed judicial review application - test for 'serious harm' - s91R Migration Act 1958 (Cth) - whether error by Tribunal in manner in which it took into account harm child might face if returned to Nepal 'stemming from the potential lack of evidence of citizenship', and manner in which it took account parents' roles in assessing hardships - held: Tribunal failed to engage with claims or undertake required 'qualitative task' in assessing 'nature and effect of the identified feared harm' - constructive failure to carry out statutory task established - appeal allowed.
AJB18
EIC18 v Minister for Home Affairs [2020] FCA 370
Federal Court of Australia
Davies J
Migration law - first respondent's delegate refused to grant applicants Safe Haven Enterprise Visas - Immigration Assessment Authority affirmed delegate's decision - Judge Driver of Federal Circuit Court of Australia dismissed judicial review application - applicants sought extension of time to appeal - whether to grant leave to appeal - proposed appeal's merits - whether Authority failed to deal with aspect of claim - procedural fairness - Hossain v Minister for Immigration and Border Protection [2018] HCA 34 - held: Authority erroneously failed 'to address and consider' combination of characteristics of third applicant as 'integral component' of her claim of fear of harm if returned to Sri Lanka - error was material - extension of time to appeal granted - appeal allowed.
EIC18
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COVID-19 has entered Australia. It continues to represent a severe and immediate threat to human health in Australia as it has the ability to cause high levels of morbidity and mortality and to disrupt Australian community socially and economically.

The Swissotel Sydney will temporarily house individuals who are returning to Australia by aircraft after having been passengers on the Norwegian Jewel cruise ship to undertake 14 days of isolation. It is anticipated that those individuals will remain in isolation for 14 days after their arrival. Subject to medical clearances, it will be appropriate for the individuals to return to their homes in Australia after that time.

It is possible that the zone may also temporarily house other individuals returning to Australia on an aircraft due to COVID-19, if considered necessary and appropriate. In accordance with subsection 113(5) of the Act, the Determination does not specify as a requirement a biosecurity measure described in Subdivision B, Division 3, Part 3, Chapter 2 of the Act (Detention). In accordance with the Act, and clinical guidance, consideration will be given to human biosecurity control orders, such as isolation measures, if necessary and appropriate.

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The Principal Member of the MRD Division of the AAT hosted the MIA and Migration Alliance on a joint conference call from 4:00PM to 4:30PM Eastern Standard Time (Sydney). The following matters were discussed. I was present on that call for and on behalf of Migration Alliance, and these are my notes:

Discussion points:

  • Position on hearings and whether there will be consistency across the states / territories
  • Position on priority cases and whether the direction needs changing during this time
  • How detention cancellation cases will be organised
  • S.501 cases and the 84 day rule – how they are to be addressed
  • Encouraging the continued processing of applications – moving to more on the papers / requests in writing
  • Discouraging a complete stop work at the AAT
  • Potentially targeting cases that are easy to decide on the papers (485 cases, Employer Nomination, Student GTE and fund cases, partner visas) and a call out identifying these cases and how to contact the AAT ( ie. Specific email address to the AAT to address such cases)
  • Sending letters similar to the protection cohort to state this case is moving towards allocation so submissions etc can be done
  • Telephone and video link hearings – how they will work
  • Is the AAT going to be fully operational re staffing etc.
  • How will the protection visa hearings be operated or will they be on hold 

The AAT is keeping pace with an evolving situation with Coronavirus.

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The Executive General Manager of Australia Post has sent me an email today stating the following:

With significant measures being taken across the country to combat the spread of COVID-19 (coronavirus), I want to reassure you that Australia Post remains fully operational across Australia during government restrictions on non-essential activity.

Our posties, delivery drivers and Post Offices will continue to operate.

It is likely during the evolving COVID-19 (coronavirus) pandemic that some Australia Post deliveries, including delivery of Express Post articles will be delayed.

As it stands today this is not the case and we will be working as hard as we can with our delivery partners to help ensure Express Post articles are delivered as soon as possible. We will keep you updated should this change.

Australia Post operates more than 4000 Post Offices and 220 delivery facilities across the country and has a large presence in regional, rural and remote Australia, along with access to the largest dedicated freighter network in Australia.

We are committed to continuing to provide services and delivery throughout our network and as any disruptions resulting from COVID-19 (coronavirus) occur, we will keep you, our customers, updated.

To date, there are no confirmed cases in the Australian workforce of more than 80,000 people and action has been taken to protect the health and safety of our people and customers in relation to the spread of COVID-19 (coronavirus), in line with Australian Government recommendations.

For the latest information on the action Australia Post is taking to protect the health and safety of its people and customers in relation to COVID-19 (coronavirus), visit important updates section on our website.

We are committed to support you during the challenging conditions facing us all and thank you in turn for your support as we work together to ensure our people and customers continue to stay safe and healthy.

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Migration Alliance has received the following communication from VETASSESS:

I am writing to assure you that I, and the staff of VETASSESS, are doing our best to support you during these strange and unprecedented times due to the COVID-19 outbreak.

The majority of our services are not affected, and it is our team’s intention to continue our high level of service to you.

We have been testing our systems in preparation for all staff to work remotely, which is occurring this week in our Australian and offshore offices.

We are in regular contact with government and other stakeholders as we implement new ways to deliver our services and we thank them for their understanding.

You may experience some delays in dealing with us, but we will do as much as we can to assist you.

Please do not hesitate to contact us on This email address is being protected from spambots. You need JavaScript enabled to view it.  if you have any concerns or questions.

Regular queries concerning occupations can continue to be directed to:
Trades: This email address is being protected from spambots. You need JavaScript enabled to view it.
Professional: This email address is being protected from spambots. You need JavaScript enabled to view it. .

We thank you for your support and I will be in touch as soon as we can provide more information.

I and the team wish you and your staff and families all the best during this difficult time.

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