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The AAT has released its most recent Bulletin, dated 24 June 2019. Citizenship decisions are on page 4, and migration decisions are on page 5.
Source: https://www.aat.gov.au/AAT/media/AAT/Files/AAT%20Bulletins/25-19.pdf
Jan Redfern and Brendan Darcy from the AAT will be presenting at the MIGRATION 2019 Conference in Sydney on 15 November 2019. For more information please click here.
E&OE TRANSCRIPT
Interview on Sky News with Tom Connell
Topics: Repatriation of Sharrouf children
...
In this report, Deloitte Access Economics seeks to expand on the public information on SIV by analysing the reasons that SIV applicants choose to come to Australia, the level of competition that exists internationally to compete for HNW individuals, the factors that influence the ability for SIV applicants to live and invest in Australia, and the level of social and economic benefits that SIV applicants have made in Australia to date.
This analysis is supported by a pool of qualitative and quantitative evidence, including: public data on the SIV application process and the number of SIV applications approved to date; government reviews internationally to assess the impacts that HNW individuals provide through citizenship/residency investment programs; and survey and interview evidence collected on the benefits of SIV investment, the business and social activities that SIV applicants engage in in Australia, and the journey of a SIV investor.
Source: Impact-of-the-SIV---Deloitte-2019.pdf
and
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Availability status of one occupation has changed.
141999: Accommodation and Hospitality Managers nec -> Low Availability
Source: https://www.migration.sa.gov.au/skilled-migrants/lists-of-state-nominated-occupations
| Plaintiff M74/2018 v Minister for Home Affairs & Anor [2019] HCA 17 High Court of Australia Bell, Gageler, Keane, Nettle, Gordon & Edelman JJ Migration law - plaintiff was 'unlawful non-citizen' in immigration detention - defendants relied on ss189 & 196 Migration Act 1958 (Cth) as authority to detain plaintiff "for the purpose of removal from Australia as soon as that becomes reasonably practicable" - plaintiff sought declaration detention not authorised by ss189 & 196 Migration Act and that detention was unlawful - plaintiff sought issue of 'writ of habeas corpus' or that he be released from custody - parties, pursuant to r27.08 High Court Rules 2004 (Cth), agreed on special case - questions of law stated - plaintiff provided 'inferences of fact' which it invited Court to draw - 'inconsistent statements' - whether plaintiff's options for removal exhausted - whether basis to apply minority view in Al-Kateb v Godwin [2004] HCA 37 - held: plaintiff's inferences not open - questions stated in special case did not arise. Plaintiff M74/2018 |
| Ali v Minister for Home Affairs [2019] FCAFC 93 Full Court of the Federal Court of Australia Jagot, Burley & Lee JJ Migration law - appellant's visa cancelled under ss501(3A)(a) & 501(3A)(b) Migration Act 1958 (Cth) - first respondent's delegate affirmed decision - Administrative Appeals Tribunal affirmed delegate's decision - primary judge dismissed application for judicial review - applicant sought to appeal - applicant contended Court erred in finding Tribunal considered impediments to appellant if appellant returned to Fiji - appellant also contended that finding he had 'serious criminal record' was erroneous - grounds of appeal not raised before primary judge - whether to grant leave to appeal - held: leave to appeal granted - appeal dismissed. Ali |
| BIR17 v Minister for Immigration and Border Protection [2019] FCA 850 Federal Court of Australia Charlesworth J Migration law - Minister's delegate refused to grant appellant a Temporary Protection (subclass 785) visa - Immigration Assessment Authority affirmed delegate's decision - primary judge dismissed application for judicial review - whether Tribunal's reasoning illogical - whether failure by primary judge 'to identify the alleged error' - credit - MZZJO v Minister for Immigration and Border Protection [2014] FCAFC 80 - held: appeal dismissed. BIR17 |
| Kaur v Minister for Home Affairs [2019] FCA 854 Federal Court of Australia Markovic J Migration law - first respondent's delegate refused to grant appellant Student (Temporary) (Class TU) visa - Tribunal affirmed delegate's decision - Federal Circuit Court dismissed application for judicial review - whether denial of procedural fairness - whether erroneous 'adverse credibility findings' - whether credibility findings 'irrational, illogical or unreasonable' - whether inadequacy of reasons - whether bias - whether legal unreasonableness in sense in Minister for Immigration and Citizenship v Li [2013] HCA 18 - whether primary judge erroneously made determinations 'in his Honour's own opinion' - held: appeal dismissed. Kaur |
| APC16 v Minister for Immigration and Border Protection [2019] FCA 847 Federal Court of Australia Anderson J Migration law - first respondent's delegate refused to grant applicant a protection visa - Administrative Appeals Tribunal affirmed delegate's decision - Federal Circuit Court dismissed application for judicial review on basis applicant failed to attend application's hearing - applicant sought extension of time to appeal from Federal Circuit Court's dismissal of application to reinstate proceeding - adequacy of explanation for delay - whether decision of Federal Circuit Court 'attended by sufficient doubt to warrant' Court's reconsideration - held: Court not satisfied to grant extension of time - even if extension granted, Court would have refused leave to appeal against Federal Circuit Court's decision - application dismissed. APC16 |
Source: Benchmark https://benchmarkinc.com.au/web/
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