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Australian Immigration Daily News

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DZG17 v Minister for Immigration and Border Protection [2019] FCA 8
Federal Court of Australia
Greenwood J
Migration law - interlocutory application - Minister's delegate refused to grant appellants protection visas - Tribunal affirmed delegate's decision - Federal Circuit Court dismissed judicial review application - appellants sought to adduce documents and 'oral evidence' on appeal's hearing - appellants also sought order that certain 'Freedom of Information' files be produced - relevance of documents to appeal grounds - held: interlocutory application dismissed.
DZG17

DFW18 v Minister for Home Affairs [2019] FCA 599
Federal Court of Australia
Steward J
Migration law - Minister's delegate cancelled applicant's Class BB Subclass 155 Five Year Resident Return Visa due to applicant's failure to pass 'character test' under s501(6) Migration Act 1958 (Cth) - another of Minister's delegate's declined to revoke 'cancellation decision' - Administrative Appeals Tribunal affirmed delegate's decision - applicant sought judicial review - whether Tribunal considered claims of applicant concerning risk issue - whether Tribunal considered remorse issue - challenge to findings concerning 'non-refoulement obligations' and impediments which could be faced by applicant 'if returned to Turkey' - held: review application allowed. 
DFW18

CAQ18 v Minister for Home Affairs [2019] FCA 603
Federal Court of Australia
Banks-Smith J
Migration law - Minister's delegate refused to grant appellant a Protection (Class XA) visa - Administrative Appeals Tribunal affirmed delegate's decision - Tribunal rejected claims of appellant on basis appellant was an 'unreliable witness' - primary judge found Tribunal's findings were open - appellant contended primary judge did not 'adequately consider' review grounds, as demonstrated by reasons' brevity and ex tempore delivery - appellant also contended Tribunal did not disclose existence of invalid s438 certificate - credibility - 'significant harm' - held: appeal dismissed.
CAQ18

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The following information appears on the TRA website:

The Department of Education and Training will be undertaking a period of routine maintenance on its IT infrastructure between 8 pm Friday 10 May 2019 to midnight Sunday 12 May 2019 Australian Eastern Standard Time (AEST).

During this time, TRA IT services including the TRA online portal, TRA website, and email enquiry services will be unavailable.

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CANBERRA MATRIX - INVITATION ROUND: 8 MAY 2019

Invitation date: 8 May 2019

Number of invitations issued: 225
Matrix score range: 135 points to 65 points submitted up to 31 March 2019

Information about the round, including the matrix score invited, is available HERE

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EPT17 v Minister for Home Affairs [2019] FCA 570
Federal Court of Australia
Perry J
Migration law - Minister's delegate refused to grant appellant a Safe Haven Enterprise (Class XE) Subclass 790 visa - Immigration Assessment Authority affirmed delegate's decision - Federal Circuit Court of Australia dismissed judicial review application - appeal concerned finding that while appellant was 'at risk of persecution' he could relocate - appellant also sought to raise new appeal ground alleging Authority misunderstood criteria in s473DD Migration Act 1958 (Cth) - 'new information' - 'fast track review' - whether appellant met criterion in s473DD(a) Migration Act - held: appeal dismissed.
EPT17
DVI17 v Minister for Immigration and Border Protection [2019] FCA 31
Federal Court of Australia
Moshinsky J
Migration law - Minister's delegate refused to grant applicant a Safe Haven Enterprise visa - Immigration Assessment Authority affirmed delegate's decision - Federal Circuit Court dismissed judicial review application - applicant sought extension of time to appeal - delay - explanation for delay - prejudice - appeal's merits - ss5H(1), 36(2)(a) & 36(2)(a)(a) Migration Act 1958 (Cth) - held: application for extension of time dismissed.
DVI17
DHP17 v Minister for Home Affairs [2019] FCA 15
Federal Court of Australia
Perram J
Migration law - Minister's delegate found applicant not entitled to Safe Haven Enterprise Visa - Immigration Assessment Authority affirmed delegate's decision - Federal Circuit Court dismissed applicant's proceeding 'summarily on a show cause basis' under r44.12(1)(a) Federal Circuit Court Rules 2001 (Cth) - appellant sought to appeal - whether Authority's approach to reports was inconsistent when regard had to reports' contents - held: Federal Circuit Court erred in finding applicant had 'no arguable case for jurisdictional error' - appeal allowed - matter remitted.
DHP17
Degning v Minister for Home Affairs [2019] FCAFC 67
Full Court of the Federal Court of Australia
Allsop CJ; Collier & Thawley JJ
Migration law - Minister for Home Affairs cancelled appellant's Class BF Transitional (Permanent) Visa under s501(2) Migration Act 1958 (Cth) (Migration Act) - primary judge dismissed judicial review proceedings - appellant appealed - whether Minister unauthorised by s501(2) Migration Act to cancel appellant's visa because appellant's 'right to remain indefinitely in Australia' had accrued before s501's introduction - whether basis for conclusion appellant had 'disregarded the law' by statement on 'Incoming Passenger Cards' (passenger cards) that 'he had no criminal convictions' and declaration he had given truthful answers - whether, if basis for conclusion, there was denial of procedural fairness due to failure to put appellant on notice of conclusion - whether obligation on appellant to 'disclose spent convictions' - statutory construction - s7(2)(c) Acts Interpretation Act 1901 (Cth) - whether issue concerning Minister's use of passenger cards in relation to 'risk of re-offending' should have been brought to appellant's attention - held: appellant was denied procedural fairness - appeal allowed - Minister's decision set aside.
Degning
BBE17 v Minister for Immigration and Border Protection [2019] FCA 573
Federal Court of Australia
Murphy J
Migration law - Minister's delegate refused to grant appellant a Safe Haven Enterprise (Class XE) - Immigration Assessment Authority affirmed delegate's decision - Federal Circuit Court dismissed application for judicial review - appellant appealed on two grounds - first ground concerned new information's treatment under s473DD Migration Act 1958 (Cth) - second ground concerned allegation that Authority failed to deal with integer of appellant's claim 'to fear serious or significant harm' - second ground had not been raised in Federal Circuit Court - held: Court granted leave to appeal on second ground of appeal - Court allowed appeal on second ground.
BBE17
 
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A comprehensive review of the international student industry is urgently needed to assess the true costs and benefits to Australia, according to Conservative Party WA Senate Candidate Jonathan Crabtree.

Mr Crabtree also called for an overhaul of student visa rules, citing a recent report showing that the explosion in international student numbers was contributing to Australia’s extremely high levels of net overseas migration (NOM). In 2017-18, net overseas migration to Australia was 236,733 – one of the highest per capita immigration rates in the world.

The report by the Australian Population Research Institute states that the universities’ growing reliance on full-fee paying overseas students as a source of revenue has eroded education standards.

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