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Posted by on in General

The Department received more than 100 public nominations for membership.

The Department assessed each nomination in accordance with the following assessment criteria:

  • Experience and expertise in, or understanding of, the provision of immigration assistance in Australia
  • Demonstrated capacity to work collaboratively with government, business or the community
  • Understanding of the Migration Act 1958 and the Migration Agents Regulations 1998.

The Assistant Minister has appointed the following experts to the Advisory Group, for a maximum term of 12 months:

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Posted by on in General
BWO19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 181
Full Court of the Federal Court of Australia
Rangiah, SC Derrington & Abraham JJ
Migration law - first respondent's delegate refused to grant appellant a Protection (Class XA) (Subclass 866) Visa under s65 Migration Act 1958 (Cth) - Administrative Appeals Tribunal affirmed delegate's decision - Emmett FCJ of the Federal Circuit Court of Australia dismissed judicial review application - appellant contended primary judge should have found Tribunal erred by failure to warn appellant of his entitlement 'to assert legal professional privilege', that Tribunal acted 'in excess of power by asking certain questions' calling for confidential communications' disclosure, and that appellant had not waived privilege - appellant also contended primary judge erroneously found that 'any failure to warn did not deprive the appellant of a favourable outcome' as it was immaterial to outcome - respondent sought to rely on Notice of Contention which sought to uphold primary judge's decision on ground appellant did not and could not discharge onus of proof concerning establishment of 'lawyer-client relationship' between appellant and appellant's migration agent - migration agent was also a solicitor - held: appeal dismissed - leave to rely on ground in Notice of Contention refused.
BWO19
Markaj v Minister for Immigration and Border Protection [2020] FCA 1511
Federal Court of Australia
Kenny J
Migration law - respondent's delegate refused to grant applicant a Partner (Temporary) (Class UK) visa under s501(1) Migration Act 1958 (Cth) - Administrative Appeals Tribunal affirmed delegate's decision - applicant sought judicial review - Direction 65 - whether Tribunal failed to consider 'relevant consideration' - whether Tribunal failed to perform statutory task - whether Tribunal engaged in 'illogical reasoning' - whether Tribunal's understanding of "parental role" concept was 'overly narrow' - whether failure to evaluate social worker's report concerning parental role of applicant - whether Tribunal failed to understand claim 'which applicant was in fact making' concerning applicant's parental role - whether Tribunal made incorrect inquiry concerning minor children's "best interests" - whether constructive failure to exercise jurisdiction - materiality - DVE18 v Minister for Home Affairs [2020] FCAFC 83 - held: jurisdictional error established concerning approach to "parental role" - writs of certiorari and mandamus issued.
Markaj

Source: https://benchmarkinc.com.au/web/

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Invitation round results for 21 October 2020 published 

The invitation Round results for 21 October 2020 invitation rounds are now published. No invitations were issued for pro-rata occupations. Occupation ceilings are also updated as per latest invitation round results. You can view the updated occupation ceilings here: https://immi.homeaffairs.gov.au/visas/working-in-australia/skillselect/occupation-ceilings 

 Number of Invitations issued

Visa subclass

Number

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Schedule 1 to this instrument determines the class of Category A identification documents for the purpose of section 5AA of the regulations.

Note: If a document of the class determined in Schedule 1 cannot be verified electronically by AusCheck for the purpose of a background check, subparagraph 5(1)(m)(ia) of the regulations provides that AusCheck can use details of one or more of the applicants Category B identification documents or Category C identification documents to verify electronically the individual’s identity for the purposes of a background check.

Source: AusCheck-Cat-A-docs-detemination-2020.pdf

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The Australian Taxation Office (ATO) visa data-matching program has been operating since 2009.

This protocol consolidates the existing visa data-matching programs:
o October 2015 to 2016–17 financial years program (gazetted 4 August 2015)
o 2017–18 to 2019–20 financial years program (gazetted 18 December 2017).

This protocol outlines the ATO's intention to continue collecting data on visas granted in the period 2020–21 to 2022–23 financial years.

For this program the ATO collects information from the Department of Home Affairs (Home Affairs) on active and newly granted visas. The data is matched against the ATO's records to ensure visa holders, visa sponsors and migration agents are meeting their tax and superannuation obligations.

 Source: AT0-and-Dept-Home-Affairs-data-matching-2020.pdf

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