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The following announcement is on the BSMQ website:
The BSMQ business and skilled program is NOW OPEN. We are open from Tuesday 29 September 2020 until Monday 5 October 2020. Please note, only decision-ready applications in a COVID-19 priority area will be considered.
Due to the limited nomination allocation and processing timeframe:
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The Hansard document below is from a hearing of the Senate Select Committee on Temporary Migration. This hearing was being held both via video conference and with witnesses in person in Canberra at Parliament House.
This was a public hearing and a Hansard transcript of the proceedings have been made public. The hearing was also broadcast via the Australian Parliament House website.
Invitation Round took place on 24 September 2020. Invitations were issued as follows:
457 / 482 visa holders: 16 invitations
Matrix nominating Critical occupations: 206 invitations
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Migration Alliance has received the following email from the AAT's Deputy President and Division Head:
As you’re aware, the Tribunal recently resumed limited in-person hearings at locations suitable for such arrangements, with the listing of in-person hearings considered on a case by case basis in accordance with the AAT’s practice directions. However, many MRD hearings will continue to be conducted by video/phone due to concerns related to the COVID-19 pandemic.
Further to discussion at our recent meetings, I am writing to invite submissions to identify review applications considered suitable for video hearings for Partner and Family cases lodged to the Tribunal prior to 1 April 2018. This initiative is a small trial to address the aging backlog and difficulties in arranging for in-person hearings for these cohorts of cases case due to the current situation arising from COVID-19.
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| Huynh v Minister for Immigration and Border Protection [2020] FCAFC 153 Full Court of the Federal Court of Australia Reeves, Bromwich & Anderson JJ Migration law - first respondent's delegate refused to grant appellants a Partner (Residence) (Class BS) (Subclass 801) visas under s65 Migration Act 1958 (Cth) (Migration Act) - Tribunal affirmed delegate's decision - Judge Burchardt of Federal Circuit Court dismissed judicial review application - whether denial of procedural fairness arising from primary judge's reliance on 'draft reasons for judgment' which were not provided to appellants - a different Federal Court judge had prepared the draft reasons - whether failure by Tribunal to satisfy 'relevant statutory criterion' - whether 'proper evaluation' of considerations concerning first appellant's 'relationship with sponsor' - whether denial of procedural fairness arising from Tribunal's failure to provide appellants with information - s5F Migration Act - held: appeal dismissed. Huynh |
| CSZ16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 156 Full Court of the Federal Court of Australia Jagot, Charlesworth & Snaden JJ Migration law - first respondent's delegate refused to grant appellant a Temporary Protection (Subclass 785) visa - Immigration Assessment Authority affirmed delegate's decision - Judge C. E. Kirton QC of Federal Circuit Court of Australia dismissed judicial review application - appellant contended Authority made 'fundamental conceptual error' in considering 'risk of violence in Kabul' relevant to whether appellant had 'well-founded fear of significant harm in Kabul', but failing to consider the risk of violence in Kabul relevant to whether reasonable for appellant to relocate to Kabul - s36(2B)(a) Migration Act 1958 (Cth) - whether error of kind in CXO16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 17 - 'complementary protection assessment' - held: jurisdictional error not established - appeal dismissed. CSZ16 |
| Giakou v Department of Home Affairs & Anor [2020] FCCA 2575 Federal Circuit Court of Australia Judge Heffernan Migration law - first respondent's delegate refused to grant applicant a Student (Temporary) (Class TU) subclass 570 visa - admissibility of affidavits - whether Tribunal failed 'to give proper, genuine and realistic consideration' to applicant's application - whether error in sense identified in Minister for Immigration & Border Protection v MZYTS [2013] FCAFC 114 - whether Tribunal erred in construction of ‘enrolled in or the subject of a current offer of enrolment' in cl 570.232 Sch 2 Migration Regulations 1994 (Cth) - whether Tribunal asked itself wrong question - whether failure to inquire resulting in failure to conduct review - Wei v Minister for Immigration & Border Protection [2015] HCA 51 - whether unreasonableness - held: Tribunal erred in construction of ‘enrolled in or the subject of a current offer of enrolment' - Tribunal asked itself wrong question - material errors established - Tribunal's decision quashed. Giakou |
Source: Benchmark
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