Australian Immigration Daily News

Does a person who has been taken into immigration detention have any right to demand that he/she be held at a particular place of detention pending the resolution of a request that the cancellation of his or her visa be revoked?

For example, if a person has been living in Tasmania, does that person have a right to be held in detention in Tasmania, in order to be closer to the person’s family and legal representatives?

Or can the person be detained elsewhere?

Can the manner in which the Australian government wields the power of visa cancellation be fairly described as being harsh, cruel, disproportionate, unforgiving and indeed mindless?

You be the judge after you consider a case that was decided late last week by Justice Markovic of the Federal Court, Kemp v Minister for Immigration and Border Protection (2018) FCA 1109 (27 July 2018).

Perhaps at first blush you might consider that this visa holder, a New Zealand citizen in Australia as the holder of a Special Category Subclass 444 visa, “deserved” to have his visa cancelled.

 How much time do you have to respond to a “section 359A” letter from the Administrative  Appeals Tribunal?

Recall that section 359A of the Migration Act  requires the Tribunal to give a visa applicant clear particulars of any information that it considers would be the reason, or part of the reason, for affirming the refusal of a visa application and to invite the applicant to comment on or respond to the information.

Recall further that section 359C provides that if an applicant is invited to comment on or respond to information under section 359A and does not do so within the time given to do so, then the Tribunal may proceed to make a decision on the review.

The Conservative Party opposes Australia signing up to the international pact which would weaken our sovereignty and relinquish significant control of Australia's borders over to unelected and unaccountable United Nations bureaucrats.

The debate over the UN migration pact comes as Sunday 29 July marks the 10th anniversary of the Rudd government dismantling the successful Howard government 'Pacific Solution', commemorated with the Conservative Party's Action Plan.

The key UN migration agency involved in the pact said it was yet to be told of a change in the government’s position since Australia helped negotiate the deal.

Source: PM-refuses-to-rule-out-UN-deal-on-migration.pdf

A 61-year-old Australian man who was travelling from Melbourne to the Philippines on Wednesday 25 July has been arrested and charged after he was found with child exploitation material on his mobile phone.

Australian Border Force (ABF) officers stopped the man before his departure, as he was suspected of purchasing online child exploitation material from the Philippines. During an examination of his mobile phone, officers allegedly found multiple photographs of a sexual nature involving persons under the age of 18.

Acting ABF Regional Commander Victoria Ranjeev Maharaj said the arrest reflected the ABF’s commitment to preventing the transmission and use of this material.