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Posted by on in General

Migration Alliance has received the following email from the AAT's Deputy President and Division Head:

As you’re aware, the Tribunal recently resumed limited in-person hearings at locations suitable for such arrangements, with the listing of in-person hearings considered on a case by case basis in accordance with the AAT’s practice directions. However, many MRD hearings will continue to be conducted by video/phone due to concerns related to the COVID-19 pandemic. 

Further to discussion at our recent meetings, I am writing to invite submissions to identify review applications considered suitable for video hearings for Partner and Family cases lodged to the Tribunal prior to 1 April 2018. This initiative is a small trial to address the aging backlog and difficulties in arranging for in-person hearings for these cohorts of cases case due to the current situation arising from COVID-19. 

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Casting my memory back to September 2019, it is beyond my wildest imagination to think that I (just like you) would get cautious if a person stands too close to me whilst using public transport.  I would be cautious to meet a friend or a colleague in a social gathering.  I would need to “Scan” myself in, each and every time I visit a venue.  I would go through so much hand sanitiser and last but not the least, face masks and active wear would become the Met Gala of 2020!

Alas, we are here.  The world is still spinning, the sun is still rising and our work as migration practitioners continues. Although, the way we interact with our fellow colleagues and clients has changed (most likely on a permanent basis).

Where to from here?

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From 15 November 2020, the Australian citizenship test will be updated.  This will be considered one of the major updates to the test in over a decade.

The updated test includes revised citizenship test questions and new test questions on Australian values.

Alan Tudge, the acting minister for immigration, citizenship, migrant services and multicultural affairs, announced the changes via press release, stating: “Our Australian values are important. They have helped shape our country and they are the reason why so many people want to become Australian citizens.”

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Huynh v Minister for Immigration and Border Protection [2020] FCAFC 153
Full Court of the Federal Court of Australia
Reeves, Bromwich & Anderson JJ
Migration law - first respondent's delegate refused to grant appellants a Partner (Residence) (Class BS) (Subclass 801) visas under s65 Migration Act 1958 (Cth) (Migration Act) - Tribunal affirmed delegate's decision - Judge Burchardt of Federal Circuit Court dismissed judicial review application - whether denial of procedural fairness arising from primary judge's reliance on 'draft reasons for judgment' which were not provided to appellants - a different Federal Court judge had prepared the draft reasons - whether failure by Tribunal to satisfy 'relevant statutory criterion' - whether 'proper evaluation' of considerations concerning first appellant's 'relationship with sponsor' - whether denial of procedural fairness arising from Tribunal's failure to provide appellants with information - s5F Migration Act - held: appeal dismissed.
Huynh
CSZ16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 156
Full Court of the Federal Court of Australia
Jagot, Charlesworth & Snaden JJ
Migration law - first respondent's delegate refused to grant appellant a Temporary Protection (Subclass 785) visa - Immigration Assessment Authority affirmed delegate's decision - Judge C. E. Kirton QC of Federal Circuit Court of Australia dismissed judicial review application - appellant contended Authority made 'fundamental conceptual error' in considering 'risk of violence in Kabul' relevant to whether appellant had 'well-founded fear of significant harm in Kabul', but failing to consider the risk of violence in Kabul relevant to whether reasonable for appellant to relocate to Kabul - s36(2B)(a) Migration Act 1958 (Cth) - whether error of kind in CXO16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 17 - 'complementary protection assessment' - held: jurisdictional error not established - appeal dismissed.
CSZ16
Giakou v Department of Home Affairs & Anor [2020] FCCA 2575
Federal Circuit Court of Australia
Judge Heffernan
Migration law - first respondent's delegate refused to grant applicant a Student (Temporary) (Class TU) subclass 570 visa - admissibility of affidavits - whether Tribunal failed 'to give proper, genuine and realistic consideration' to applicant's application - whether error in sense identified in Minister for Immigration & Border Protection v MZYTS [2013] FCAFC 114 - whether Tribunal erred in construction of ‘enrolled in or the subject of a current offer of enrolment' in cl 570.232 Sch 2 Migration Regulations 1994 (Cth) - whether Tribunal asked itself wrong question - whether failure to inquire resulting in failure to conduct review - Wei v Minister for Immigration & Border Protection [2015] HCA 51 - whether unreasonableness - held: Tribunal erred in construction of ‘enrolled in or the subject of a current offer of enrolment' - Tribunal asked itself wrong question - material errors established - Tribunal's decision quashed.
Giakou

Source:  Benchmark

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Australian immigration lawyer, also the 2019 winner of Lawyers Weekly 30 under 30, Traci Chen has released a fun TikTok.  For those RMAs and Lawyers who are a little older, hold onto your seats! This might just represent the next generation of agents and lawyers in our profession.

Either way, its a bit of fun:

Traci's TikTok (click here to watch)   - turn on the sound

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