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Australian Immigration Daily News

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FAK19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1124
Federal Court of Australia
Charlesworth J
Migration law - Minister's delegate cancelled applicant's visa ('cancellation decision') under s501(3A) of the Act (Migration Act) - other delegate refused to revoke cancellation decision - Tribunal upheld delegate's decision - applicant sought review - whether Tribunal should have understood that applicant was asserting that, if cancellation decision not revoked, applicant 'must be returned his home country' in circumstances giving rise to breach of 'non-refoulement obligations' - whether Tribunal erroneously treated non-refoulment obligations as 'synonymous' with fulfillment by applicant of 'criterion for a protection visa' - whether failure by Tribunal genuinely to consider 'and intellectually engage with' reason submitted by applicant for cancellation decision's revocation - whether error material - held: jurisdictional error established - application allowed.
FAK19
DUR16 v Minister for Immigration and Border Protection [2020] FCA 1155
Federal Court of Australia
Burley J
Migration law - Minister's delegate refused to grant applicant a Safe Haven Enterprise visa - Immigration Assessment Authority affirmed delegate's decision - appellant appealed - whether failure by Authority to consider 'police and CID extortion claims' and if so whether failure was material - Applicant WAEE v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCAFC 184 - held: failure to consider police and CID extortion claims established - jurisdictional error - appeal allowed.
DUR16
ANL17 v Minister for Immigration & Anor (No.2) [2020] FCCA 2166
Federal Circuit Court of Australia
Judge Manousaridis
Migration law - Minister's delegate refused to grant applicant a Safe Haven Enterprise visa - Immigration Assessment Authority affirmed delegate's decision - applicant sought remedies under s476 Migration Act 1958 (Cth) - Court found applicant did not make out two grounds of appeal - Court found two appeal grounds 'reasonably arguable' - Court granted applicant leave to amend application to include a further ground - Court ordered that Minister and applicant 'file and serve written submissions' concerning merits of amended application and costs - consideration of submissions - “new information” - s473DD(a) (Migration Act) - whether erroneous consideration of whether 'exceptional circumstances' existed to justify mew information's consideration - whether failure to consider whether new information, if known to delegate, could have affected claims' consideration - whether error of the kind which White J found Authority had made in BVZ16 v Minister for Immigration and Border Protection [2017] FCA 958 - held: Authority made error of kind in BVZ16 v Minister for Immigration and Border Protection [2017] FCA 958 - relief granted.
ANL17

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

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Turkish Consul-General Sarik Ariyak, aged 50, and his bodyguard, Engin Sever,aged 28, were shot outside a residence on Portland Street, Dover Heights, about 9.45am on Wednesday 17 December 1980.Mr Ariyak and Mr Sever were leaving the residence in separate vehicles, when they were approached by two unknown men, who fired multiple shots at close range before fleeing the area on a motorcycle.

Mr Ariyak died at the scene, and Mr Sever died a short time later at St Vincent’s Hospital.

Despite extensive investigations by police at the time and over the years, no one has ever been charged.

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This decision concerns whether an individual that entered Australia as a working holiday maker was a resident of Australia for tax purposes and whether that individual was required to pay tax at the minimum 15 per cent tax rate applying to working holiday maker income or at the rates that otherwise apply more generally to Australian residents (which incorporate the tax-free threshold).

‘This decision upholds the ATO’s current view meaning that employer obligations have not changed, and employers should continue to apply the appropriate tax tables when determining the amount to withhold for working holiday makers,’ Deputy Commissioner Jeremy Geale said.

The parties have until 3 September 2020 to seek special leave to appeal the Full Federal Court’s decision to the High Court.

Source: Addy-v-Commissioner.pdf

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Just in: Changes to Migration Agents Regulations:

 

 

As it is a Saturday night we don't have time to write about the changes.  We will do this tomorrow or Monday. 
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A 46-year-old Finnish man will be liable for removal from Australia after downloading and distributing thousands of disturbing child exploitation material from mobile phones while in immigration detention. Mr Tapani Henrik Hakkinen was already a serial offender when he pleaded guilty to possessing child exploitation material in the Brisbane District Court yesterday (6 August 2020).

The discovery of over 5,855 images and 222 videos on mobile phones, was made at the Brisbane Immigration Detention Centre. Mr Hakkinen was interviewed and charged by Queensland Police, who also seized his mobile phones. Mr Haikkinen had only been in immigration detention for approximately 4 months, after serving 21 months in jail for previous child exploitation material offences.

Detention Operations Commander Graeme Grosse said this is a perfect example of the need for the Prohibiting Items Bill currently before Parliament.

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