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Australian Immigration Daily News

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Posted by on in General

The following email update has been received from the Office of the MARA this morning:

"Following our recent quarterly meeting in which we discussed the upcoming removal of practising certificate (PC) holders from the OMARA regulation, please find below statistics on the current numbers of PC holders in each state and territory for your information. 

Please note work has not yet taken place to identify the home state of the registered agents offshore or identifying those PC holders with a restricted PC, however this gives you an overview of the numbers we are working with.

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A total of 30 New Zealand citizens have been removed from Australia this week on two charter flights, one from Perth and another from Sydney, after their visas were cancelled on character grounds. Among the group was a known bikie associate who violently assaulted a Queensland Police officer.

Mr Hylton King, a known associate of the Mongrel Mob outlaw motorcycle club gang (OMCG), has a history of violence including his conviction for police assault in Brisbane. Also removed was Mr John Webster, who had been sentenced to four and a half years imprisonment for indecent assault of a child under 12 years.

Both men were removed from Sydney. Of the others removed, convictions included possession of dangerous drugs, persistent exploitation of a child, contravention of domestic violence order, assault occasioning grievous bodily harm, aggravated robbery, assault officer in execution of duty, kidnapping and unlawful use of motor vehicles.

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The following email has been received this afternoon from the AAT:

Further to Deputy President’s email of 22 July 2020, two optional, online forms are now available on the Migration and Refugee forms page of the AAT website: an expedited decision request form and a withdrawal form. 

The expedited decision request form, which can be accessed on this web page, will allow  representatives and applicants to make expedited decision requests in accordance with the COVID-19 Special Measures Practice Direction. The form is designed to guide users as to the types of cases that are ordinarily considered suitable for an expedited decision, broken down by visa type. Documentary evidence can be directly uploaded when using the form however representatives should also provide a statement detailing why they consider the case suitable for an expedited decision. 

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PQSM v Minister for Home Affairs [2020] FCAFC 125
Full Court of the Federal Court of Australia
Mortimer, Banks-Smith & Jackson JJ
Migration law - Minister's delegate, under s501CA(4) Migration Act 1958 (Cth) (Migration Act), refused to revoke cancellation of appellant's visa - Administrative Appeals Tribunal affirmed delegate's decision - Colvin J of Federal Court of Australian found Tribunal erroneously failed to consider 'relevant matter' of the 'impact of non‑revocation on the appellant's partner and two adult children, but that the mistake did not constitute a jurisdictional error - whether Colvin J misapplied 'standard of materiality' - ss499(1) & 499(2A) Migration Act - Direction 79 - 'standard of materiality' - whether primary judge erred in applying Minister for Immigration and Border Protection v SZMTA [2019] HCA 3 - held (Mortimer J dissenting): appeal dismissed.
PQSM
DHX17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 127
Full Court of the Federal Court of Australia
Collier, Rangiah & Derrington JJ
Migration law - Minister’s delegate refused to grant appellants protection visas - Immigration Assessment Authority affirmed delegate’s decision - appellants required extension of time under s477(2) Migration Act 1958 (Cth) (Migration Act) to commence ’judicial review proceedings’ - Judge Vasta of Federal Circuit Court refused extension of time - Greenwood J of Federal Court found Judge Vasta misapplied s477(2) by erring in approach to application of test in s477(2) Migration Act - however primary judge found the mistake had not resulted in “jurisdictional error" - whether Greenwood J erred by failure to determine Judge Vasta’s misapplication of s477(2) Migration invalidated refusal of extension of time - scope of examination of merits in exercise of discretion under s477(2) Migration Act - “a threshold assessment of merit” - application by Judge Vasta of ’higher test to the assessment of merits than was required’ - whether jurisdictional error - whether error material - whether ’concept of materiality applied to ’exercise of a power’ rather than ’disposition of a matter’ - - held: appeal allowed.
DHX17
Eros v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1061
Federal Court of Australia
Allsop CJ
Migration law - Minister's delegate refused to grant first appellant a student visa - Administrative Appeals Tribunal affirmed delegate's decision - Judge Vasta of Federal Circuit Court dismissed judicial review application - whether erroneous failure to find decision of Tribunal 'involved legal unreasonableness' - whether erroneous failure to provide, on 'timely basis', 'settled written reasons' - comparison of terms of cl 500.212, Sch 2 Migration Regulations 1994 (Cth) (Regulations) with cl 572.22 & cl 572.223 Regulations - - whether misconstruction of cl 500.212 Regulations - “intends genuinely to stay in Australia temporarily” - 'evaluation in the chapeau' - 'genuine in intention as to length of stay and nothing else' - whether Tribunal 'asked wrong question' - Saini v Minister for Immigration and Border Protection [2016] FCA 858 - held: appeal allowed.
Eros

Source: Benchmark 

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Australia's biosecurity system is a critically important national asset. It protects Australia's diverse and pristine natural wonders, and underpins agricultural production and export. As such, it is critical that vigilance is maintained in protecting Australia from an ever-increasing number of pests and diseases that threaten an array of industries, and Australia's unique flora and fauna.

Despite extensive information campaigns, and a simple process where incoming passengers and crew can easily declare goods for assessment by biosecurity officers, hundreds of undeclared high risk items are detected every year.

The risk to Australia must be mitigated. The proposed measures included in this bill will highlight to incoming travellers how serious biosecurity is and would introduce sensible and important changes to help protect Australia from biosecurity risks.

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