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Ruslan-Ahmadzai

Ruslan-Ahmadzai

Solicitor specialising in corporate immigration.Registered Migration AgentSpecialities: Migration Law, Employer Compliance in Immigration, Business Stream Visas, Family and Partner Visas, CPD Training.

Posted by on in General

The Department of Home Affairs may refuse or cancel a visa if the visa applicant/holder does not pass the character test.  The Minister for Home Affairs, the Minister for Immigration Citizenship and Multicultural Affairs or one of their delegates, can make this decision. 

As per the AAT guidelines, a person whose visa has been refused or cancelled by a delegate under section 501 can apply to the AAT to have this decision changed.  The Administrative Appeals Tribunal (AAT) cannot review decisions made by the Minister personally, only decisions made by delegates.

Section 501 of the Migration Act 1958 lists a variety of reasons why someone may not pass the character test. Subsection(6) of section 501 has the full list of reasons, but examples include:

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National Cabinet agreed that all international passenger flight arrivals will be coordinated by the Commonwealth Government. This means, the number of arrivals at each international airport will be subject to caps agreed upon between federal and all state and territory governments. 

As part of this national coordinated approach, all international passenger flights into Victoria have been cancelled until further notice. 

In addition, all international cruise ships are banned from sailing into or out of Australian ports.

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Australia continues to maintain strict border measures in place to protect the health of the Australian community. At present very limited flights are currently available to and from Australia.

Travellers arriving in Australia, including Australian citizens, are subject to mandatory quarantine for 14 days at a designated facility, such as a hotel, in their port of arrival. Different States impose different rules regarding payment related to quarantine.

Critical Skills

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The Government's Economic and Fiscal Outlook released by the government shows the impact of the COVID-19 pandemic across all parts of the Australian economy, including migration.

The Outlook revealed a few key assumptions on how the pandemic will continue to affect migration to Australia:

As most of our readers are aware, between July and December 2020, only Australian Citizens, Permanent Residents, New Zealanders, a small number of international students, and those with a valid Temporary Visa and Travel Exemption will be able to travel to Australia, based on announced policy to date.

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As we continue to navigate through what appears to be a second wave of COVID19 pandemic, various States and Territories are announcing how they will be managing incoming international passengers

Below is a State by State update international inbound flight restrictions.

New South Wales

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