Australian Immigration Daily News

Update 13 Sept 2016:  Notice of a new date for MA AGM: 27 September 2016 at 2pm, Level 1, 73 York Street, Sydney, NSW 2000

Following the nomination and election period, Migration Alliance's new Management Committee for 2016-2017 consists of the following four (4) agent members:

• Michael Arch
• Mark Northam
• Kristie Morgan
• Liana Allan

The Migration Alliance AGM will be held on Tuesday 6 September at Suite 302, Level 3, 276 Pitt Street, Sydney NSW 2000 at 5pm AEST.

If you don’t believe that the specific words that are used in the Migration Regulations can make a difference to the prospects for success of a visa application, then a case that came out of the Federal Circuit Court yesterday, Nawaqaliva v Minister for Immigration & Anor (2016) FCCA 2080 (17 August 2016) is “proof of the pudding”! 

And if you are assisting a client with an application for a Carer visa – Subclass 116 – that was made before 9 November 2009 – then, as we like to say back home in Brooklyn, New York: “Do I ever have a case for you!”.  

You betcha! 

What is the proper interpretation of the Australian Citizenship Act? 

More specifically, how is section 12(1)(b) of the Act, which enables a person to acquire “citizenship by birth” if they are “ordinarily resident in Australia throughout the period of 10 years beginning on the day” the person is born (even if a parent of the person is not an Australian citizen or permanent resident) to be applied? 

Is it ok for the person seeking citizenship to live in another country for a period of time during the first 10 years after she/he is born? If it is, under what circumstances?  Must the person have a visa allowing her or him to return to Australia during the times that she/he is living outside Australia? 

For members looking to expand their global reach the 2016 China Investment Fair for Investment and Trade (CIFIT) is an exciting opportunity to meet a broad range of business people from around the world. For the second year, the ABF Australian Pavilion will be showcasing Australian products and services, a range of investment projects and Australia as a migration destination. 

Who is ABF?

Whether you agree with it or not, the cancellation of visas on character grounds certainly seems to have become a real “cottage industry” of the Department. 

There certainly does seem to be a significant number of cases coming before the Federal courts involving such cancellations!! 

And a case that was decided last Friday, 12 August 2016, illustrates yet again that once the wheels have been set in motion to cancel a visa on character grounds, good luck trying to stop the process.  That seems to be the case even if the visa holder is a longstanding resident of Australia and even if the criminal convictions prompting the cancellation occurred many years before the cancellation decision was made.