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Posted by on in General

The Hansard document below is from a hearing of the Senate Select Committee on Temporary Migration. This hearing was being held both via video conference and with witnesses in person in Canberra at Parliament House.

This was a public hearing and a Hansard transcript of the proceedings have been made public. The hearing was also broadcast via the Australian Parliament House website.

Source: Public-Hearing-17-Sept-2020-Temproary-Migration.pdf

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ACT State Nomination

Invitation Round results published! 

Invitation Round took place on 24 September 2020. Invitations were issued as follows: 

457 / 482 visa holders: 16 invitations

  • 190 nomination: 10 invitations
  • 491 nomination: 6 invitations

 Matrix nominating Critical occupations: 206 invitations 

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Migration Alliance has received the following email from the AAT's Deputy President and Division Head:

As you’re aware, the Tribunal recently resumed limited in-person hearings at locations suitable for such arrangements, with the listing of in-person hearings considered on a case by case basis in accordance with the AAT’s practice directions. However, many MRD hearings will continue to be conducted by video/phone due to concerns related to the COVID-19 pandemic. 

Further to discussion at our recent meetings, I am writing to invite submissions to identify review applications considered suitable for video hearings for Partner and Family cases lodged to the Tribunal prior to 1 April 2018. This initiative is a small trial to address the aging backlog and difficulties in arranging for in-person hearings for these cohorts of cases case due to the current situation arising from COVID-19. 

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Huynh v Minister for Immigration and Border Protection [2020] FCAFC 153
Full Court of the Federal Court of Australia
Reeves, Bromwich & Anderson JJ
Migration law - first respondent's delegate refused to grant appellants a Partner (Residence) (Class BS) (Subclass 801) visas under s65 Migration Act 1958 (Cth) (Migration Act) - Tribunal affirmed delegate's decision - Judge Burchardt of Federal Circuit Court dismissed judicial review application - whether denial of procedural fairness arising from primary judge's reliance on 'draft reasons for judgment' which were not provided to appellants - a different Federal Court judge had prepared the draft reasons - whether failure by Tribunal to satisfy 'relevant statutory criterion' - whether 'proper evaluation' of considerations concerning first appellant's 'relationship with sponsor' - whether denial of procedural fairness arising from Tribunal's failure to provide appellants with information - s5F Migration Act - held: appeal dismissed.
Huynh
CSZ16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 156
Full Court of the Federal Court of Australia
Jagot, Charlesworth & Snaden JJ
Migration law - first respondent's delegate refused to grant appellant a Temporary Protection (Subclass 785) visa - Immigration Assessment Authority affirmed delegate's decision - Judge C. E. Kirton QC of Federal Circuit Court of Australia dismissed judicial review application - appellant contended Authority made 'fundamental conceptual error' in considering 'risk of violence in Kabul' relevant to whether appellant had 'well-founded fear of significant harm in Kabul', but failing to consider the risk of violence in Kabul relevant to whether reasonable for appellant to relocate to Kabul - s36(2B)(a) Migration Act 1958 (Cth) - whether error of kind in CXO16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 17 - 'complementary protection assessment' - held: jurisdictional error not established - appeal dismissed.
CSZ16
Giakou v Department of Home Affairs & Anor [2020] FCCA 2575
Federal Circuit Court of Australia
Judge Heffernan
Migration law - first respondent's delegate refused to grant applicant a Student (Temporary) (Class TU) subclass 570 visa - admissibility of affidavits - whether Tribunal failed 'to give proper, genuine and realistic consideration' to applicant's application - whether error in sense identified in Minister for Immigration & Border Protection v MZYTS [2013] FCAFC 114 - whether Tribunal erred in construction of ‘enrolled in or the subject of a current offer of enrolment' in cl 570.232 Sch 2 Migration Regulations 1994 (Cth) - whether Tribunal asked itself wrong question - whether failure to inquire resulting in failure to conduct review - Wei v Minister for Immigration & Border Protection [2015] HCA 51 - whether unreasonableness - held: Tribunal erred in construction of ‘enrolled in or the subject of a current offer of enrolment' - Tribunal asked itself wrong question - material errors established - Tribunal's decision quashed.
Giakou

Source:  Benchmark

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Australian immigration lawyer, also the 2019 winner of Lawyers Weekly 30 under 30, Traci Chen has released a fun TikTok.  For those RMAs and Lawyers who are a little older, hold onto your seats! This might just represent the next generation of agents and lawyers in our profession.

Either way, its a bit of fun:

Traci's TikTok (click here to watch)   - turn on the sound

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