Summaries of Federal Court Migration Decisions 9 May 2019
DZG17 v Minister for Immigration and Border Protection [2019] FCA 8 |
DFW18 v Minister for Home Affairs [2019] FCA 599 |
CAQ18 v Minister for Home Affairs [2019] FCA 603 |
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DZG17 v Minister for Immigration and Border Protection [2019] FCA 8 |
DFW18 v Minister for Home Affairs [2019] FCA 599 |
CAQ18 v Minister for Home Affairs [2019] FCA 603 |
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.
...CANBERRA MATRIX - INVITATION ROUND: 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
...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 |
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.