Australian Immigration Daily News

The case of Pham at the Federal Court on an appeal from the FCC, has cleared some of the weeds away from the Legislative instrument which, in my opinion, unnecessarily complicated the already complex "family Violence" exception.

See: Pham V Minister for Immigration and Border Protection [2018] FCA 1946.

http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2018/2018fca1946

Australian Border Force (ABF) officers have detained eight individuals as part of a national operation targeting unscrupulous labour hire intermediaries and foreign worker exploitation.

Five Malaysian nationals were located and detained for either being in Australia illegally or working in breach of their visa conditions.

Two of those detained are suspected of higher level involvement in worker exploitation. All five are being held in immigration detention ahead of their removal from Australia.

Check out the discussion in the Senate yesterday regarding 'Strengthening the Character Test'

Warning....interesting, but legislation-heavy reading...

Application of amendments

I am writing to make readers of the MA site aware that there has been a significant decision from Judge Riley of the Federal Circuit Court in Melbourne concerning the genuine temporary entrant requirement which relates to Direction No. 53, now superseded by Direction No. 69.. 

The decision was in a case called Singh v Minister for Immigration and Border Protection (2018) FCCA 3423 (23 November 2018)  which can be accessed by clicking on this link.

In brief, Judge Riley held that if the Tribunal fails to take into account a "mandatory consideration" that is listed in Direction No. 53 (which binds all decision-makers in their assessment of whether an applicant satisfies the GTE), then jurisdictional error may have occurred.

Dear Colleagues,

The "silly season" is upon us.

The Grinch (you know who) are gearing up for Christmas which means that every outstanding decision and case you have ever filed is going to be decided between now and Christmas Eve. You will receive emails, NOICC, Cancellations, refusals of SBS/Noms, PIC 4020, Natural Justice letters, OMARA complaints, in fact everything you do not need at this time.