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The results for the September 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
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The instrument repeals Migration (LIN 18/022: Determination of Daily Maintenance Amounts for Persons in Detention) Instrument 2018 (LIN 18/022) (F2018L01196) made under subsection 262(2) of the Act in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the AIA). Subsection 33(3) of the AIA states that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
The instrument operates to determine the daily amount applicable to a person for the cost of keeping and maintaining the person in immigration detention at a specified place for a specified period. Subsection 262(3) of the Act requires the amount to be no more than the cost to the Commonwealth of detaining a person at that place for that period.
The purpose of the instrument is to update the information contained in the previous instrument LIN 18/022, with the daily maintenance amount being specified as $456.23 for the period from the commencement date of the instrument to 30 June 2022 inclusive. The decrease in the daily maintenance amount is $32.88.
Source: LIN20037.pdf and LIN20037-Explanatory-Statement.pdf
| Minister for Immigration and Border Protection v MZZMX [2020] FCAFC 175 Full Court of the Federal Court of Australia Murphy, O'Callaghan & Anastassiou JJ Migration law - Minister's delegate refused to grant first respondent a Protection (Class XA) Visa - Refugee Review Tribunal affirmed delegate's decision - Judge Riley of Federal Circuit Court of Australian set Tribunal's decision aside - Minister appealed - Minister contended error by primary judge in concluding Tribunal had made 'irrational, illogical or legally unreasonable' finding (ground 1) - Minister also contended that primary judge made findings which were not open on evidence (ground 2) and that Minister was denied procedural fairness (ground 3) - first respondent's counsel conceded grounds 2 and 3 of appeal but sought dismissal of appeal on basis ground 1 was not made out and that there was no "practical injustice" resulting from primary judge's decision - held: appeal allowed Minister for Immigration and Border Protection |
| EMS18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 174 Full Court of the Federal Court of Australia Murphy, Mortimer & Thomas JJ Migration law - Minister's delegate refused to grant appellant a Safe Haven Enterprise visa (SHEV) - Authority affirmed delegate's decision - Judge Vasta of Federal Circuit Court of Australia dismissed judicial review application - appellant contended Authority's affirmation of delegate's refusal 'vitiated by a constructive failure to exercise jurisdiction' on basis Secretary had not fulfilled duty under s473CB(1)(c) Migration Act 1958 (Cth) (Migration Act) 'to provide relevant material to' Authority - whether contravention by Secretary of s473CB(1)(c) Migration Act and, if so, whether contravention could have affected outcome - EVS17 v Minister for Immigration and Border Protection [2019] FCAFC 20 - held: no contravention by Secretary of s473CB(1)(c) Migration Act - appeal dismissed. EMS18 |
| Nathanson v Minister for Home Affairs [2020] FCAFC 172 Full Court of the Federal Court of Australia Wigney, Steward & Jackson JJ Migration law - delegate of Minister cancelled appellant's visa under s501(3A) Migration Act 1958 (Cth) - delegate of Minister 'declined to revoke' cancellation - Tribunal affirmed delegate's decision - Colvin J of Federal Court of Australia accepted Tribunal had not provided appellant with 'fair hearing' with result appellant was denied procedural fairness - however primary judge found breach was not material - primary judge found it was not established that a 'different decision' could have resulted from "compliance" with procedural fairness obligation - whether appellant 'could not have received a different decision if given fair hearing - whether appellant had been denied a 'realistic possibility of a successful outcome' - held (Wigney J, dissenting): appeal dismissed. Nathanson |
The following email was received today:
NSW Business and Skilled Migration Skilled is close to filling its interim allocation of nomination positions for the 2020-21 program year provided by the Department of Home Affairs.
Following the Commonwealth Government’s announcement of the annual migration program planning levels, an additional provision of nomination positions for the reminder of the year may become available in the coming weeks.
Further information will be provided on our website once the allocation of nomination positions has been finalised.
NSW will continue to operate an expression of interest and invitation model to address NSW’s skill needs.
Under direction from Home Affairs, NSW will continue to priorities applicants with skills to support NSW economic recovery and public health response.
Below is a discussion in Parliament yesterday which migration agents might find interesting:
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