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Posted by on in General

The instrument repeals the Migration (LIN 20/104: Subclass 462 (Work and Holiday) Visa – Specified Areas of Australia and Kinds of Work) Instrument 2020 (LIN 20/104) (F2020L00223) made under regulation 1.15FA of the Regulations 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 specify, under 1.15FA of the Regulations, areas of Australia and kinds of work for the purposes of the definition of specified Subclass 462 work in regulation 1.03 of the Regulations. Paragraphs 462.218(a) and 462.219(a) of Schedule 2 to the Regulations require an applicant for a second or third Subclass 462 (Work and Holiday) visa (Subclass 462 visa) to have carried out a period or periods of specified Subclass 462 work.

The purpose of the instrument is to specify critical COVID-19 work in the healthcare and medical sectors carried out after 31 January 2020 in any Australian postcode area for the purposes of the definition of specified Subclass 462 work in regulation 1.03 of the Regulations. COVID-19 is defined in section 4 of the instrument.

 

Source: LIN20184.pdf and LIN20184-Explanatory-Statement.pdf

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The instrument repeals Migration (LIN 20/103: Subclass 417 (Working Holiday) Visa – Regional Australia and Specified Work) Instrument 2020 (LIN 20/103) (F2020L00224) made under subitem 1225(5) of Schedule 1 to the Regulations 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 specify places and kinds of work for the definitions of regional Australia and specified work in subitem 1225(5) of Schedule 1 to the Regulations, respectively, for the Working Holiday (Temporary) (Class TZ) visa (Class TZ visa). Paragraphs 417.211(5)(a) and 417.211(6)(a) of Schedule 2 to the Regulations require an applicant for a second or third Subclass 417 (Working Holiday) visa (Subclass 417 visa) within the Class TZ visa, to have carried out a period or periods of specified work in regional Australia.

Source: LIN20182.pdf and LIN20182-explanatory-statement.pdf

 

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The following email has been received this morning:

The Commonwealth Department of Home Affairs has provided a limited number of visa nomination places to the Victorian Government up until the Federal Budget is delivered on 6 October 2020.

We are preparing to re-open with new policies and nomination criteria to support Victoria’s economic recovery and the public health response.

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The following message is on the College of Law website:

The College of Law announces today that its arrangement with the Office of the Migration Agents Registration Authority (OMARA) on the important work of the Migration Agents Capstone Assessment will conclude on 31 December 2020 as per our Agreement. 

The College established the Capstone assessment at a time when the Department was implementing a new regime for testing and licensing of migration agents. The Capstone is now fully established and the College is pleased with its contribution to the Migration Agents registration regime. We wish the Department well with its oversight of the important work which migration agents do on behalf of the Australian community. 

...
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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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