Australian Immigration Daily News

Do the reforms to Australia’s “parent visa” framework that have been proposed by the Turnbull Government go far enough?

Do they do enough to accommodate the very understandable desire of people who have migrated to Australia to bring their parents over here?

As readers will be aware, the government has announced plans to introduce a new “temporary” parent visa that would enable Australian citizens, permanent residents and “eligible New Zealand citizens” to sponsor their parents to travel to and remain in Australia for a total period of up to 10 years.

Can a New Zealand citizen who is present in Australia on a “Special Category”, Subclass 444 visa, qualify for Australian citizenship?

Or to put the question slightly differently, are there any circumstances under which a New Zealand citizen who is the holder of a Special Category visa acquire the status of a permanent resident of Australia?

These questions were raised in a decision that was handed down by the AAT on 25 August, Carr v Minister for Immigration and Border Protection (Citizenship) (2017) AATA 1361 (25 August 2017).

Are you ready for another quiz to test your knowledge of Australian migration law?

Ready or not, here it is:

Can a person have his visa cancelled without being convicted of a criminal offence, and indeed without even failing the “character test” provided in section 501(6) of the Migration Act?

Update 31 August 2017 at 9:00am: The MIA have issued the following statement in their newsletter dated 25 August 2017:

It has come to our attention that Christopher Levingston, on the Migration Alliance website, has published allegations that the Board of the MIA is under investigation by the Office of the MARA. This publication is an absolutely baseless and malicious fabrication with no truth or fact whatsoever. The MIA and the Board reserve their rights and will seek legal advice on the best action to take going forward.

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Will having a “checkered” immigration history prevent a person from becoming an Australian citizen?

Will living in Australia for more than 20 years as an unlawful non-citizen, working unlawfully, and not paying tax on earnings, cause a citizenship application to be refused?

What if the applicant ultimately does gain lawful status?