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Australian Citizenship Act 2007
An Act relating to Australian citizenship
Item was amended
https://www.legislation.gov.au/Details/C2007A00020

Australian Citizenship Amendment (Citizenship Cessation) Act 2020
An Act to amend the Australian Citizenship Act 2007, and for related purposes
Item was registered on 18/09/2020
Some or all of this item commenced on 18/09/2020
https://www.legislation.gov.au/Details/C2020A00088

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Migration Alliance has received the following email from the Department of Home Affairs:

Please see the link below to the Skilled Visa Newsletter for September 2020. 

https://immi.homeaffairs.gov.au/what-we-do/skilled-migration-program/skilled-visa-newsletters/september-2020

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The Migration Amendment (COVID-19 Concessions) Regulations 2020 (the COVID-19 Concessions Regulations) amend the Migration Regulations 1994 (the Migration Regulations) to assist certain temporary and provisional visa holders, including individuals who are on a pathway to permanent residence, who have been disadvantaged by the consequences of the COVID-19 pandemic, such as border closures, restrictions imposed on businesses and the general economic downturn.

Schedule 1 to the COVID-19 Concessions Regulations amends the Migration Regulations in six Parts.

Part 1 – COVID-19 concession period inserts concession period as a defined term in the Migration Regulations. The initial concession period begins on 1 February 2020 and continues until a date determined by the Minister in a legislative instrument. Additional concession periods can be specified as required, to begin immediately after the end of the initial concession period or at a later date. The duration of a concession period may vary for different purposes.

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The Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Overseas Travel Ban Emergency Requirements) Amendment (No. 1) Determination 2020 (the Amendment Determination) amends the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Overseas Travel Ban Emergency Requirements) Determination 2020 (the Determination) to:
- make a technical amendment to put beyond doubt that there is a requirement imposed on the operator of an aircraft or vessel to ensure that the aircraft or vessel does not leave Australian territory with an Australian citizen or permanent resident on board;
- expand the decision-making authority to grant exemptions; and,
- make other minor technical amendments to remove reference to the commencement date of the Determination and to clarify that only an Act can declare an instrument not to be a legislative instrument.

Source: HUNT-Travel-ban-emergency-requirements.pdf and HUNT-travel-ban-emergency-requirements-Explanatory-Statement.pdf

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BHD18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 151
Full Court of the Federal Court of Australia
Allsop CJ; Collier & Colvin JJ
Migration law - Minister's delegate refused to grant appellant a Safe Haven Enterprise (Class XE) Visa, finding Australia did not owe 'protection obligations' to appellant - Immigration Assessment Authority affirmed delegate's decision - Judge Kemp of Federal Circuit Court of Australia dismissed judicial review application - appellant contended that some factual findings of Authority 'were not open to it on the evidence' - whether 'failure to consider important evidence' in sense in Minister for Immigration and Citizenship v SZRKT [2013] FCA 317 - whether Authority erred concerning time at which appellant 'raised his scarring' - whether erroneous factual finding constituting jurisdictional error - whether legal unreasonableness - Minister for Immigration and Citizenship v Li [2013] HCA 18 - ss5H, 5J & 36 Migration Act 1958 (Cth) - held: no error by Authority - appeal dismissed.
BHD18
AJL20 v Commonwealth of Australia [2020] FCA 1305
Federal Court of Australia
Bromberg J
Migration law - constitutional law - false imprisonment - two proceedings - applicant claimed damages for false imprisonment by respondent - applicant sought that respondent be required 'to release him from detention' - applicant's visa had been cancelled under s501(2) Migration Act (Cth) (Migration Act) - protection visa under s195A Migration Act had been declined by Minister - whether steps by respondent demonstrated that removal of applicant from Australia had been 'undertaken or carried into effect as soon as reasonably practicable' - whether detention of applicant since 26/7/19 unlawful - no dispute that if detention unlawful, then false imprisonment, and liability, established - ss189, 196, 197C & 198 Migration Act 1958 (Cth) - 'constitutional limitations upon administrative detention' - - 'non‑refoulement obligations' - whether to make order in nature of 'writ of habeas corpus' - held: respondent had 'unlawfully detained' applicant since 26/7/19 - applicant to be released from detention by respondent forthwith.
AJL20
Wekerle v Department of Home Affairs [2020] FCA 1300
Federal Court of Australia
Banks-Smith J
Migration law - applicant's visa cancelled under s501(3A) Migration Act 1958 (Cth) - Minister's delegate refused to revoke visa's cancellation ('non-revocation decision') - Administrative Appeals Tribunal affirmed non-revocation decision - applicant sought extension of time to seek judicial review - delay - explanation for delay - prejudice - prospects of success - procedural fairness - interests of justice - consideration of matters at 'impressionistic level' - whether arguable applicant 'should have been provided with' DVD of 'police interview' - held: extension of time granted.
Wekerle

Source: Benchmark

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