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As a response to the cancellation of visas as a direct consequence of the Covid-19 pandemic, the instrument creates arrangements for applicants who are in Australia and who are former Visitor (Class FA) visa holders and whose visas were cancelled due to the risk of a Public Health Emergency of International Concern designated by the World Health Organisation, to the health, safety or good order the Australian community, or a segment of that community.

Consultation was undertaken with the Department of Health and industry stakeholders concerning the Public Health Emergency of International Concern and the need for cancellation of visas.

Source: LIN20045.pdf and LIN20045-Explanatory-Statement.pdf

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The Instrument revokes IMMI 17/011 Arrangements for student visa applications 2017/011 under subregulation 2.07(5) and in accordance with subsection 33(3) of the Acts Interpretation Act 1901, which states 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 for the Minister to specify the approved forms, and the place and manner for making a valid application for an Item 1222 Student (Temporary) (Class TU) visa.

As a response to the cancellation of visas as a direct consequence of the Covid-19 pandemic, the instrument creates arrangements for applicants who are in Australia and who are former Student (Temporary) (Class TU) visa holders and whose visas were cancelled due to the risk of a Public Health Emergency of International Concern designated by the World Health Organisation, to the health, safety or good order the Australian community, or a segment of that community.

Source: LIN20012.pdf and LIN20012-Explanatory-Statement.pdf

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The instrument revokes Migration (LIN 19/199: Arrangements for Visitor (Class FA) Visa Applications) Instrument 2019 in accordance with subsection 33(3) of the Acts Interpretation Act 1901, which 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 for the Minister to:
a. specify the approved forms, place and manner for making a valid visa application
for a Visitor (Class FA) visa; and
b. specify for the Approved Destination Status stream in the Visitor (Class FA) visa,
which includes the Subclass 600 (Visitor) visa, the travel agents that may organise a
tour of which an applicant must be intending to travel to Australia as a member of
that tour.
4. As a response to the cancellation of visas as a direct consequence of the Covid-19
pandemic, the instrument creates arrangements for applicants who are in Australia and
who are former Visitor (Class FA) visa holders and whose visas were cancelled due to
the risk of a Public Health Emergency of International Concern designated by the World Health Organisation, to the health, safety or good order the Australian community, or a segment of that community.

Source: LIN20046.pdf and LIN20046-explanatory-statement.pdf

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Fualau v Minister for Home Affairs [2020] FCAFC 11
Full Court of the Federal Court of Australia
Murphy, Davies & O'Bryan JJ
Migration - first respondent's delegate declined to revoke mandatory cancellation, under s501(3A) Migration Act 1958 (Cth), of applicant's Special Category Temporary (Subclass 444) visa - Tribunal affirmed delegate's decision - primary judge dismissed judicial review application - applicant, under r36.05 Federal Court Rules 2011 (Cth), sought extension of time to appeal - appellant contended primary judge erroneously failed to find Tribunal had not accorded procedural fairness to him - explanation for delay - prospects of success - whether utility in granting extension of time - held: extension of time to appeal refused.
Fualau
Nguyen v Minister for Home Affairs [2020] FCA 127
Federal Court of Australia
Banks-Smith J
Migration law - Minister's delegate declined to revoke mandatory cancellation, under s501(3A) Migration Act 1958 (Cth), of applicant's Class BB Subclass 155 - Five Year Resident Return visa - Tribunal affirmed delegate's decision - applicant sought review - applicant contended Tribunal failed to complete statutory task by failure to consider his submission that Prisoners Review Board of Western Australia (Board) granted him parole under Sentence Administration Act 2003 (WA) ('Parole Decision') - applicant contended that Parole Decision was e 'drawn to the Tribunal's attention' in 'statement of facts, issues and contentions' ('SOFIC') but that Tribunal had not referred to it - held: material error by Tribunal established - Tribunal's decision set aside.
Nguyen
AEJ17 v Minister for Immigration & Anor [2020] FCCA 261
Federal Circuit Court of Australia
Judge McNab
Migration law - first respondent's delegate refused to grant applicant a Temporary Protection Visa (class XD) (subclass 785) - Authority affirmed delegate's decision - applicant sought judicial review under s476(1) Migration Act 1958 (Cth) - whether Authority failed adequately to consider whether it was 'reasonably practicable' for applicant to return to Kabul - s36(2B) Migration Act 1958 (Cth) - held: Authority failed in 'review function' under s473CC Migration Act due to its failure to properly consider reasonableness of applicant's return to Kabul - material error established - Authority's decision set aside.
AEJ17

Source:  Benchmark https://benchmarkinc.com.au/web/

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The 37 year-old man was apprehended during the execution of a warrant by ABF Field Operations officers on a home unit inthe inner suburb of Carlisle yesterday (Thursday, 20 February).

The man, who is in Australia without a valid visa, is the director of a construction company which has allegedly been hiring foreign nationals who do not have work rights in Australia.It’s alleged he has withdrawn more than $5.5 million in cash from a number of business bank accounts in recent years, with more than $1 million being remitted offshore to China.

He has been placed in immigration detention pending his removal from Australia.

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