Australian Immigration Daily News

In a landmark ruling on April 10, 2024, the High Court of Australia made a significant decision that clarifies the extent of a Minister's duty when personally considering representations for visa revocation under section 501CA(4) of the Migration Act 1958. This case, involving the Minister for Immigration, Citizenship, and Multicultural Affairs and respondent Joseph Leon McQueen, centered on whether the Minister must personally read and examine representations made by individuals seeking visa revocation, or whether reliance on summaries prepared by the Department of Home Affairs suffices.

The High Court concluded that the Minister is not mandated to personally read every submission made in such cases. Instead, the Minister can fulfill their duty to consider representations by relying on accurate and comprehensive summaries provided by the Department. This decision underscores that the Minister can effectively exercise their discretionary power without directly engaging with every detail of the representations, provided the essence of the submissions is accurately captured and considered.

This ruling is a notable win for the Registered Migration Agents (RMA) profession, as it affirms the practicality and legality of using departmental summaries in the decision-making process, ensuring efficiency while maintaining the rigor of consideration required under the law. It brings clarity to the operational procedures within immigration law, reinforcing the collaboration between Ministers and their departments in processing visa revocation requests.

Thank you for being a valued partner 

At Migration Alliance, we are dedicated to nurturing strong partnerships within the industry, and we deeply value our collaboration with Allianz Partners. Your trust and support have been instrumental in our shared success, and for that, we extend our heartfelt appreciation. 

To express our gratitude and strengthen our partnership even further, we are thrilled to offer an exclusive 15% discount on Allianz Travel Insurance for Migration Alliance members.

Please refer to this flyer IH-Partner-Travel-Discount-Flyer---Apr24.pdf for the discount code and relevant terms and conditions. Kindly note that this code is valid until April 30th, 2024. For May 2024, a new code will be provided to ensure continued benefits for our valued partners.

We eagerly anticipate the opportunity to continue serving you and to further enhance our partnership. Should you have any questions or require further assistance, please do not hesitate to reach out.

The Migration (Granting of Contributory Parent Visas, Parent Visas, and Other Family Visas During Financial Year 2023-2024) Instrument (LIN 24/004) 2024, issued under the authority of the Minister for Immigration, Citizenship, Migrant Services, and Multicultural Affairs, amends the Migration Regulations 1994 to specify the maximum number of various family visas that may be granted within the financial year 2023-2024.

This legislative instrument, effective from the day following its registration until its repeal on July 1, 2024, sets caps for the Contributory Parent visas at 6,800, Parent visas at 1,700, and Other Family visas at 500. These numbers include specific allocations for the Retiree Pathway under the Contributory Parent and Parent visa categories.

The instrument aims to manage the equitable and orderly processing of visa applications in these categories, addressing the significant demand that outweighs the available supply of visa places. This capping mechanism, an annual process since 2011, aligns with the Australian Government’s migration program numbers announced during the budget. The decision reflects consultations involving internal and external stakeholders, public submissions, economic forecasts, and various other considerations to determine migration program numbers.

The Migration Amendment (Dependent Secondary Partner Visa Applicants) Regulations 2024, issued under the authority of the Minister for Immigration, Citizenship Migrant Services, and Multicultural Affairs, introduces significant amendments to the Migration Regulations 1994. These amendments facilitate the grant of Subclass 309 (Partner (Provisional)) and Subclass 100 (Partner) visas to a specific cohort of secondary applicants who, due to extended processing times caused by the now-revoked Ministerial Direction 80, no longer meet the age requirement as a member of the family unit (MoFU).

Ministerial Direction 80 previously assigned the lowest processing priority to Family visa applications involving sponsors who were permanent residents entering Australia as Unauthorised Maritime Arrivals (UMAs), leading to delayed visa processing. The amendments address the impact of these delays by allowing secondary applicants who have aged beyond 23, the usual MoFU age limit, to qualify for visa grants based on their dependency on the primary applicant, irrespective of age.

This legislative adjustment is a targeted response to the disadvantages faced by affected families due to the processing priorities under Ministerial Direction 80. It ensures that applicants who made combined visa applications before 9 February 2023, but were not yet finally determined, are not further disadvantaged by age criteria. This change underscores the government's commitment to family unity and addresses human rights concerns by facilitating family reunification and reducing discrimination against families affected by processing delays.

The Migration Amendment (Removal and Other Measures) Bill 2024 aims to enhance the Australian migration system's integrity by amending the Migration Act 1958. This bill focuses on strengthening the legislative framework concerning the removal of certain non-citizens on a removal pathway from Australia, including those who are unlawful non-citizens and holders of specific bridging visas, such as the Subclass 070 (Bridging (Removal Pending)) visa.

Key aspects of the bill include establishing clear legislative expectations for the behaviour of non-citizens on a removal pathway, emphasising their cooperation with the Australian government's efforts for their prompt and lawful removal. To facilitate this, the bill grants the Minister the power to direct non-citizens on a removal pathway to cooperate with removal efforts. Non-compliance with such directions constitutes a criminal offense, attracting penalties that underscore the importance of adhering to lawful removal processes.

Additionally, the bill introduces provisions allowing the Minister to designate a country as a removal concern country, thereby affecting visa application processes for nationals of that country. This measure aims to encourage international cooperation in facilitating the lawful removal of non-citizens.