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Canberra Matrix invitation date: 5 July 2019
The following update is available:
Number of Invitations Issued: 194
Matrix score range:
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Federal Court Summaries 4 July 2019 - Migration Decisions
| Sowa v Minister for Home Affairs [2019] FCAFC 111 Full Court of the Federal Court of Australia Jagot, Bromwich & Thawley JJ Migration - Minister's delegate cancelled appellant's visa under s501(3A) Migration Act 1958 (Cth) (mandatory cancellation decision) - Assistant Minister declined to revoke mandatory cancellation decision - primary judge dismissed judicial review application - whether erroneous failure to apply "assumption" in appellant's favour that it was "unlikely" non-refoulment obligations would be considered in 'future protection visa application' 'ahead of character grounds' - whether erroneous failure to understand future protection visa application could be refused 'purely on character grounds' under s65 Migration Act 1958 (Cth) (Migration Act) - whether erroneous failure to 'expressly consider' s196 Migration Act's operation or that appellant could be 'indefinitely detained' under s189 Migration Act - whether erroneous failure to expressly consider s198 Migration Act's operation - Omar v Minister for Home Affairs [2019] FCA 279 - held: appeal dismissed. Sowa |
| Russell v Minister for Home Affairs [2019] FCAFC 110 Full Court of the Federal Court of Australia Nicholas, Bromwich & Burley JJ Migration - Minister's delegate cancelled appellant's visa 'on character grounds' under s501(3A) Migration Act 1958 (Cth) - Minister's delegate declined to revoke cancellation decision - Administrative Appeals Tribunal (AAT) found it did not have jurisdiction to hear 'merits review' application because application 'filed out of time' - primary judge dismissed judicial review application - whether AAT erred in finding it did not have jurisdiction - s500(6B) Migration Act 1958 (Cth) - s14A Electronic Transactions Act 1999 (Cth) - 'concept of receipt' - whether concept of receipt extended to 'receipt within an information system' - held: appeal dismissed. Russell |
| Vo v Minister for Home Affairs [2019] FCAFC 108 Full Court of the Federal Court of Australia Derrington, Banks-Smith & Colvin JJ Migration - appellant's son (My Nguyen) obtained visa to allow son 'to live and work in Australia' - appellant, as 'secondary applicant', sought visa on basis 'she was a member of Mr Nguyen's family unit' and within cl 187.311 Sch 2, Migration Regulations 1994 (Cth) - Minister's delegate refused visa - Administrative Appeal's Tribunal affirmed delegate's decision - whether reg 1.05A Migration Regulations 1994 (Cth) applied where 'a person is wholly or substantially reliant on more than one person' - held: Tribunal erroneously 'failed to discharge its statutory task' - jurisdictional error established - appeal allowed. Vo |
| FER17 v Minister for Immigration, Citizenship and Multicultural Affairs [2019] FCAFC 106 Full Court of the Federal Court of Australia Kerr, White & Charlesworth JJ Migration - Minister's delegate refused to grant appellant a Safe Haven Enterprise Visa (SHEV) - Immigration Assessment Authority (IAA) affirmed delegate's decision - primary judge found IAA erred in affirming delegate's decision but refused relief on 'on discretionary grounds' - appellant appealed against refusal to grant relief - Minister's cross-appealed - whether primary judge correctly found jurisdictional error by IAA - meaning of "national" and "nationality" - 'the mischief rule' - whether primary judge erred in finding IAA erroneously applied 'wrong test' in finding appellant was 'national of Sri Lanka' - whether primary judge erred in finding error by IAA was jurisdictional - whether erroneous finding appellant 'lacked "genuineness or good faith"' - whether appellant 'misled IAA' - held: primary judge erred in refusal to grant appellant 'discretionary relief' - appeal allowed - cross-appeal dismissed. FER17 |
| BGQ18 v Minister for Home Affairs [2019] FCA 1001 Federal Court of Australia Flick J Migration - Minister's delegate refused appellant's application for a Safe Haven Enterprise Visa - Immigration Assessment Authority affirmed delegate's decision - Federal Circuit Court of Australia refused judicial review application - whether erroneous failure to consider claims - 'imputed political opinion' - held: appeal dismissed. BGQ18 |
Source: https://benchmarkinc.com.au/web/
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Changes to the TRA Job Ready Program commence 10 July 2019
The following message appears on the TRA website today, 4 July 2019:
The following changes will commence on 10 July 2019.
Change to Job Ready Journal monthly / quarterly journal process
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TRA is changing the way it monitors a JRE participant’s work experience and skills development during steps 2-4 of the program.
...
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Southern Inland RDA now accepting 489 state nominated visa applications
The Southern Inland RDA is now open, and accepting the applications for the 489 state nomination visa.
Please check the eligibility criteria before lodging the application.
The Skilled Occupations List is below:
https://www.rdasi.org.au/assets/RegionalMigration/fa54c63574/Website-Version-1st-July-Skilled-Occupations-List-Updated.pdf
Other details and prerequisites for nomination can be found on their website:
...
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Migration Amendment (Strengthening the Character Test) Bill 2019 + Explanatory Memorandum
The Migration Amendment (Strengthening the Character Test) Bill 2019 (the Bill) amends the Migration Act 1958 (the Migration Act) to provide grounds for non-citizens who commit serious offences, and who pose a risk to the safety of the Australian community, to be appropriately considered for visa refusal or cancellation. Specifically, the provisions of the Bill:
- amend the character test in section 501 of the Migration Act 1958 to provide grounds to consider visa cancellation or refusal where the non-citizen has been convicted of a serious crime.
- make consequential amendments to the definition of character concern in section 5C of the Migration Act 1958.
Source: Migration-Amendment-Strengthening-the-Character-Test-Bill-2019.pdf
and Migration-Amendment-Strengthening-the-Character-Test-Bill-2019-Explanatory-Memorandum.pdf
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