Australian Immigration Daily News

As lawyers who represent applicants in proceedings before the Federal Courts will be aware, it "ain't" that common that the Minister will concede that the Tribunal has committed jurisdictional error and will agree that "constitutional writs" should be granted quashing the Tribunal's decision and remitting the decision back to the Tribunal "for re-determination in accordance with law".

But as the saying goes, "miracles do happen" and in fact in a small percentage of cases, the Minister will accept that the judicial review application is meritorious and that the case should be settled.

A recent judgment that was issued by Judge Street of the Federal Circuit Court, Chu v Minister for Immigration & Anor (2018) FCCA 1289 (17 May 2018) provides a sound reminder of the practice that should be followed when there has been agreement to settle a case.

Should Australia be cancelling the visas of persons who are owed protection under Australia’s international treaty obligations?

Is it enough that Australia punish people who are convicted of criminal offences while holding protection visas, or should they be “sent back” to the countries of their nationality notwithstanding that they would be at risk of harm?

How should the balance be struck between the very legitimate interest in protecting the Australian community from the risk of harm associated with releasing a person with a serious criminal history, and, on the other hand, Australia’s “non-refoulement” obligations?

Can a visa applicant be asked to leave the hearing room when the Tribunal takes evidence from another witness?

If so, under what circumstances?

These issues may seem “technical” and of interest only to “lawyers”.

From 1 July 2018:

The Australian Citizenship Regulation 2016 is amended to remove concessional fees for citizenship applications made under section 21 of the Citizenship Act, for persons who have:

• prescribed health care cards; and or
• pensioner cards

These persons will not be eligible for a concessional application fee for Australian Citizenship of either $20 or $40.  

There have been multiple repeals and amendments under the Home Affairs Legislation Amendment (2018 Measures No. 1) Regulations 2018 dated 7 June 2018.

From 1 July 2018:

Schedule 1—Lodgement of partner and parent visa applications