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Posted by on in General

The High Court of Australia will on Tuesday 11 February hand down its ruling in a landmark case to determine whether Aboriginal Australians can be considered an ‘alien’ under the Constitution and, as a result, be deported following a serious criminal conviction.

The special case is being brought on behalf of Aboriginal Australian men Daniel Love and Brendan Thoms. It was argued that both men are Australian nationals because they are Aboriginal people who, although born overseas, are not aliens under the Constitution.

Mr Love was born in Papua New Guinea. His father was a natural born Australian citizen and Aboriginal Australian. Mr Thoms was born in New Zealand. Mr Thoms’ mother is an Australian citizen and an Aboriginal Australian woman.

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EXECUTIVE SUMMARY
  • Guardian Australia reports that many international students are calling for a delay to the start of the university semester, in response to the government's travel ban on people travelling through China. More than 4000 students signed a petition over concerns the ban would unfairly impact international students.
  • SBS reports that the Administration Appeals Tribunal has turned down Indian migrant Avtar Singh’s appeal over the refusal of his 487 Skilled (provisional) visa application. Mr Singh's application was initially refused in 2012, when the Immigration Department argued he had submitted a fraudulent work reference.
  • The Wagga Wagga Daily Advertiser reports that opposition spokeswoman for home affairs Kristina Keneally has backed calls for backpackers to be allowed to do volunteer work in bushfire-affected areas as part of meeting their visa conditions. However, Deputy Prime Minister Michael McCormack said that volunteer work is currently not counted towards meeting visa requirements, largely to prevent worker exploitation.
Coronavirus slowdown starts to bite the world's industries
The Australian, Other, 06/02/2020, Robert Gottliebsen
Never before in our history have global sharemarkets taken such an incredible gamble on the ability of our scientists, aided by artificial intelligence, to halt a rapidly spreading disease. And the markets gamble is being fanned by excess world liquidity, aided by massive injections in China and the boom in the US economy which the market believes is likely to see US President Donald Trump returned for another four years. [...] A key Australian export industry, tertiary education, has been jeopardised by an overzealous Australian Border Force, which detained Chinese students, cancelled valid student visas and sent some students back to China. The Chinese government was furious at their citizens’ treatment.

Coronavirus: more than 4,000 students sign petition to delay start of university
Guardian Australia, Other, 05/02/2020, Naaman Zhou
More than 4,000 international students have signed a petition to delay the start of the university semester due to the government’s ongoing travel ban on people travelling through China. Classes at a range of Australian universities are due to start in February, despite the government’s announcement that any foreign nationals who have travelled through China since 1 February will be banned from entering Australia for 14 days.

Liberal party claims declaration of a $165k donation by Morrison ally was a mistake
Guardian Australia, Other, 06/02/2020, Christopher Knaus
The Liberal party is refusing to say why it scrubbed records of a $165,000 donation from a company run by Scott Briggs, a key Scott Morrison ally who is currently vying to win the government’s $1bn visa privatisation contract. On Monday, the Liberal party declared it had received $165,000 from a company named Southern Strategy, a largely inactive political consultancy business Briggs started four years ago.
Also reported by: WEB MSN Australia (Online)

11 years and counting: Indian migrant's fight for skilled visa gets longer
SBS.COM.AU, Other, 05/02/2020, Shamsher Kainth
39-year-old Avtar Singh’s bid for a 487 Skilled (provisional) visa that he applied for in 2009, has been pushed back by the Administrative Appeals Tribunal for the second time after it affirmed the Immigration department’s 2012 decision to refuse his application.

Senator urges visa revamp
Wagga Wagga Daily Advertiser, Other, 05/02/2020, Jody Lindbeck
The opposition is backing a call to allow backpackers to do unpaid volunteer in bushfire-devastated communities as part of meeting their visa conditions. A day after BlazeAid founder Rhonda Butler told The Daily Advertiser,she had been pleading for the overhaul, Kristina Keneally, the opposition spokeswoman for home affairs, has echoed those calls.

ABC News, Breakfast, 06/02/2020, Sandy Aloisi
Pre-recorded interview with Prime Minister Scott Morrison by Alan Jones. Aloisi says according to the PM, Defence Force has been identifying overflow facilities within the country. She adds Minister for Immigration Peter Dutton has unveiled a plan to house people in isolated mining camps and hotels on the mainland if Christmas Island is forced to full capacity because of the coronavirus.
 
ABC Radio Adelaide, 07:45 News, 06/02/2020
As the death toll in China from the coronavirus continues to climb to nearly 500, many Chinese tourists in Australia are scrambling to extend their visas to remain in the country. Migration agents say they are receiving a growing number of requests from Chinese tourists desperate to stay in Australia to avoid returning home to the coronavirus.
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All RMAs are invited to participate in the free, locked, Migration Alliance RMA forum.

The Forum is moderated by RMA, Miki Lim.

Migration Alliance allows for the free expression of opinion by RMAs, and does not veto those who would like to discuss topics such as the MIA, McKKr's, CPD Providers across the profession and so on.    Freedom of expression is important to us at Migration Alliance.

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a1sx2_Original1_Superhero-student-support.png

Refer eligible products and services^ to your OSHC customers through the Allianz Global Assistance (AGA) Partnered Allianz Global Education (PAGE) platform for your chance to win up to $3,000! 

If you are not already referring students to Allianz Global Assistance (AGA) you can join here first to receive 15% commission on OSHC referrals.  Then you can  become a student superhero!  Provide your customers with additional services through PAGE for your chance to win!*

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It has come to the attention of Migration Alliance that a certain news author in our RMA / Legal community has sent an email out today which explains how RMAs can advise their clients in the wake of the Novel Coronavirus emergency. The email released is in our view, nothing more than a "scare-campaign" which suggests that there is the potential for Permanent Residents to have their visas cancelled in the wake of the Novel Coronavirus.  Here is a quote:

"We also explain why, if the situation deteriorates, even permanent residency (PR) visas could be cancelled. Although PR cancellations seem unlikely at this stage, practitioners should consider warning clients of that risk and how to mitigate it."

There is simply no evidence that this is the case.  This has not been suggested by any official source as a potential choice if the situation deteriorates.  The Department of Home Affairs and the ABF have gone to great lengths to make information clear and timely.

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