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Posted by on in General

Building a strong migration advice profession is a tactical process, not a goal. As migration advisers, building on an already robust profession is the systematic process of consolidating the various groups within our migration profession around a specific goal. The specific goal of our profession is to protect, advance, promote, and preserve the Australian migration advice industry.

Part of the profession-building process for the migration advice profession is the guiding and propulsion of all groups into a place of closeness, mutual understanding, and trust, despite our differences. In essence, building the migration advice profession is like setting the “table” for a healthy marriage.

Forging respectful relationships and mutual respect of our professional associations, whether they be Registered Migration Agent (RMA) associations, Law Societies or a mix of lawyers and RMAs requires each of us to engage in the behaviours mentioned above. This will minimise the interpersonal obstacles and personal biases that can hinder overall productivity and growth as a migration advice profession.

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Posted by on in General

The instrument operates to authorise a class of persons who are able to receive the Pledge of Commitment for Australian citizenship (pledge of commitment). Schedule 1 of the Act establishes the form in which a pledge must be undertaken. Subsection 26(1) of the Act requires a person to make a pledge of commitment to Australia before they become an Australian citizen, unless they meet the requirements set out in paragraphs 26(1)(a) to (c) of the Act.

Source: LIN20084.pdf and LIN20084-Explanatory-Statement.pdf

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The Office of the MARA have sent the following email for distribution to RMAS:

Please see the following information from Immigration Programs Division. 

On 2 September 2020, the Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, the Hon Alan Tudge MP, and the Minister for Employment, Skills, Small and Family Business, Senator the Hon Michaelia Cash, announced the introduction of a new priority skills list and strengthened labour market testing requirements.  

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The new, whole-of-government Global Business and Talent Attraction Taskforce will bring together experts from across the Commonwealth, States and Territories as well as the private sector, as part of the Government’s JobMaker plan.

Senior business leader, Peter Verwer AO, has been appointed as the head of the Taskforce and will be known as the Prime Minister’s Special Envoy for Global Business and Talent Attraction.

The Taskforce will operate as a ‘strike team’ to turbo-charge the creation of jobs by boosting our efforts to attract high value global business and exceptional talent. The initial focus will be on three key sectors: advanced manufacturing, financial services (including FinTech) and health.

Australia is strategically well positioned given its management of the pandemic and our relatively strong economy. We have always been an attractive destination due to our lifestyle, democratic system, clean cities and proximity to Asia. We can use those advantages to bring more global business and talent to our shores and help create more Australian jobs.

Source: New-taskforce-to-create-jobs-by-attracting-business-and-talent-to-Australia---International-businesses--exceptional-talent-will-be-encouraged-under-new-initiative-to-support-post-COVID-recovery--boost-local-jobs.pdf

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Hassan v Minister for Immigration & Anor [2020] FCCA 2385
Federal Circuit Court of Australia
Judge Baird
Migration law - applicant sought Partner (Temporary) (Class UK) visa under s65 Migration Act 1958 (Cth) - Minister's delegate refused to grant visa - applicant at date of application did not satisfy criteria 3001,3003 & 3004, Schedule 3 Migration Regulations 1994 (Cth (Migration Regulations) - Administrative Appeals Tribunal was not satisfied there were “compelling reasons” not to require applicant to apply for visa 'within 28 days of his last substantive visa' - Administrative Appeals Tribunal affirmed delegate's decision - applicant sought judicial review - whether Tribunal erroneously took irrelevant consideration into account - whether "genuineness question" concerning applicant's relationship with 'sponsoring partner' was irrelevant to whether 'Sch 3 criterion' should be waived - whether Tribunal erred by restricting its consideration of "genuineness question" to 'particular point in time' - whether Tribunal's consideration of "genuineness question" was material to its conclusion - finding of 'ulterior motive' - whether Tribunal erroneously failed to determine whether ulterior motive lapsed and relationship had matured into 'genuine and meaningful attachment' - subclass 820, Sch 2 Migration Regulations - Waensila v Minister for Immigration and Border Protection [2016] FCAFC 32 (Waensila) - held: Tribunal prevented by Waensila from restricting its consideration of "genuineness question" to particular point in time - jurisdictional error established - judicial review application upheld.
Hassan
AZC20 v Minister for Immigration & Anor [2020] FCCA 2317
Federal Circuit Court of Australia
Judge Blake
Migration law - apprehended bias - Minister's delegate refused to grant applicant a Temporary Protection (Class XD) (Subclass 785) visa - Immigration Assessment Authority affirmed delegate's decision - whether Authority 'acted unreasonably' by failure to exercise, or to consider exercising, Authority's 'power to get new information under' s473DC(3) Migration Act 1958 (Cth) (Migration Act) - whether Secretary provided Authority with material 'irrelevant and prejudicial' to applicant - whether Authority asked 'wrong question' or based decision on 'irrational finding' - whether failure by Authority 'to carry out a careful and balanced consideration of' claims against 'statutory criteria' - CNY17 v Minister for Immigration and Border Protection [2019] HCA 50 - held: apprehended bias established - judicial review application upheld.
AZC20
DST18 v Minister for Immigration & Anor [2020] FCCA 1813
Federal Circuit Court of Australia
Judge Driver
Migration law - Minister's delegate refused to grant applicant a Safe Haven Enterprise Visa (SHEV) - Authority affirmed delegate's decision - whether Authority 'misapprehended or overlooked important evidence' by applicant - "exceptional circumstances" - "new information" - whether Authority's application of s473DD Migration Act 1958 (Cth) (Migration Act) miscarried - whether erroneous 'failure to consider whether' applicant satisfied s36(2)(a) Migration Act - whether 'translation error' - whether translation error resulting in 'jurisdictional error' - whether 'illogical or irrational reasoning' resulting in jurisdictional error - held: Authority 'misapprehended or overlooked important evidence' by applicant - application of s473DD Migration Act miscarried - judicial review application upheld.
DST18

Source:  Benchmark

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