Australian Immigration Daily News

The Full Court of the Federal Court has invalidated a policy that prohibited all persons who are being  held in immigration detention from having mobile phones or SIM cards.

The Court’s decision to overturn the policy was made in a ruling that was handed down on 22 June 2018 in the case of ARJ17 v Minister for Immigration and Border Protection (2018) FCAFC 98.

The policy had its origins in a note that was prepared by the Australian Border Force in early 2016. This minute noted that while a policy was then in force prohibiting all “illegal maritime arrivals” from having and using mobile phones, that policy did not extend to other persons in detention. 

Please be aware that only the DHA has been allocated time at the public hearing for inquiry into review processes associated with visa cancellations. No other witnesses are called.

Representatives of the Department of Home Affairs will discuss visa cancellation processes and review mechanisms when the Joint Standing Committee on Migration holds a public hearing as part of its inquiry into review processes associated with visa cancellations made on criminal grounds.

The inquiry is examining issues including the efficiency of existing review processes as they relate to decisions made under section 501 of the Migration Act; present levels of duplication associated with the merits review process; and the scope of the Administrative Appeals Tribunal’s jurisdiction to review ministerial decisions.

Australian Government is taking the initiative to strengthen the relationship with our Pacific Island neighbours.  An arrangement to commence on 1 July will extend eligibility criteria for subclass 403 visa (Temporary Work International Relations).

The Migration Amendment (Pacific Labour Scheme) Regulations 2018 (the Regulations) aims to implement initiatives promoting Australia’s international policy in relation to employment opportunities and pathways for Pacific Island Countries (PICs) by making changes to Subclass 403 Temporary Work (International Relations) visa (‘Subclass 403’) in order to:

• introduce a new Pacific Labour Scheme (PLS) stream;
• provide for applicants, subject to conditions, to be granted a multi-year, multi-entry visa in the Seasonal Workers Program (SWP) stream; and
• strengthen integrity measures in the PLS and SWP streams by introducing a new condition that allows the visa holder, under limited circumstances, to change their sponsor.

At present, Subclass 403 visa allows applicants to come to Australia on a temporary basis:

Do you consider that it is difficult/impossible to challenge a visa cancellation decision made under section 109 of the Migration Act?

Maybe in some cases it won’t be as hard as it may seem!

Recall that under section 109, the Minister may cancel the visa of a person who has been “immigration cleared” if the visa holder has not complied with sections 101 – 105 of the Act.

Migration Amendment (Visa Application Charges) Regulations 2018: Subsection 504(1) - Migration Act 1958

Subsection 504(1) of the Migration Act provides that the Governor-General may make regulations, not inconsistent with the Migration Act, prescribing matters required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Migration Act.

In addition, regulations may be made pursuant to the provisions of the Migration Act listed in Attachment A. The purpose of the Migration Amendment (Visa Application Charges) Regulations 2018 (the Regulations) is to amend the Migration Regulations 1994 (the Migration Regulations) to make changes to visa application charges (VACs) for certain visas.