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XJLR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 6
Federal Court of Australia Full Court
Rares, Yates and Snaden JJ
Migration law - visa - cancellation - character grounds - criminal offending - prior cancellation under s501(3A) of Act - earlier decision by Delegate of Minister under s501CA(4)(b) of Migration Act 1958 (Cth) to revoke cancellation - later attempt to effect cancellation a second time under s501(3A) of the Act when read with s33(1) of the Acts Interpretation Act 1901 (Cth) - cancellation by reference to same offending - not permissible - "duty cannot be exercised more than once in respect of the same failure to pass the character test in s501(3A)(a)" - jurisdiction and powers of Delegate, Minister and Tribunal - principle in Collector of Customs (NSW) v Brian Lawlor Automotive Pty Ltd - appeal stood over for further orders.
XJLR
Pham v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 38
Federal Court of Australia
Middleton J
Migration law - visas - application to add dependent children to a Contributory Parent visa application - whether Minister had made an earlier determination that the children were validly added - whether Minister erred in later departing from earlier determination - Judge Egan, of Federal Circuit Court of Australia, dismissed application for judicial review - primary judge erred in not finding earlier determination - later determination without power - reg 2.08A(1)(a)-(da) does not require Minister to be satisfied that children are indeed dependents - regulation contains objective criteria including provision of written claim of dependent status by primary applicants - dependent status to be determined at merits stage under Sch 2 of Regulations - appeal allowed.
Pham
CHVS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 34
Federal Court of Australia
Kerr J
Migration Law - cancellation - decision by Tribunal that no jurisdiction - protection visa - second decision by Tribunal that no jurisdiction - extension of time sought for judicial review of both decisions - judicial review ultimately pressed with respect to first decision - Tribunal without jurisdiction on different basis from that given - Notification earlier given pursuant to s501CA(3)(b) of the Migration Act 1958 (Cth) invalid - requirements of reg 2.52(2)(b) of the Migration Regulations - retroactive effect of more recent Full Federal Court decisions - significance of Minister seeking special leave to appeal - application dismissed.
CHVS
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The Code of Conduct webpage has been updated and now has links to the guidance document and the key changes between the current Code and new Code: Code of conduct (mara.gov.au) 

A second guidance document will be soon be developed and then published.

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Reopening to tourists and other international travellers to secure our economic recovery - Nation will reopen to fully vaccinated visa holders, welcoming return of tourists, business travellers, and visitors

Australia will reopen to all fully vaccinated visa holders, welcoming the return of tourists, business travellers, and other visitors from 21 February. These changes will ensure we protect the health of Australians, while we continue to secure our economic recovery.

Australia’s health system has demonstrated its resilience throughout the COVID-19 pandemic, including though the recent Omicron wave. With improving health conditions, including a recent 23 per cent decline in hospitalisations due to COVID, the National Security Committee of Cabinet today agreed Australia is ready to further progress the staged reopening of our international border.

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Purpose
Regulation 3.03AB was recently inserted into the Regulations by the Home Affairs Legislation Amendment (Digital Passenger Declaration) Regulations 2021 (the DPD Regulations) for the purpose of exempting a person travelling to Australia from completing or providing a passenger card when they have provided a digital passenger declaration to the departmental system that processes digital passenger declarations (DPD) (the person).

Under this provision, the person is not required to complete or provide a passenger card if they have provided a DPD and, before an event referred to in subparagraph 172(1)(a)(iii) or (b)(iii) of the Migration Act 1958 occurs, the person has not withdrawn their DPD and a clearance officer has not required them to provide a completed passenger card. Under subregulation 3.03AB(2) of the Regulations, a clearance officer may require a person to provide a completed passenger card if circumstances specified in a legislative instrument exist.

Source: LIN22015.pdf and LIN-22015-Explanatory-Memo.pdf

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Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs Alex Hawke said this increased, multi-year commitment is a significant one, to meet our obligations and address the ongoing humanitarian situation in Afghanistan. It also follows the initial allocation of 3,000 places in August 2021.

“The War in Afghanistan was Australia’s longest, and a humanitarian intake of this size reflects this. Our commitment to Afghan refugees will be second only in scale to our humanitarian intake from Syria and Iraq,” Minister Hawke said.

“Today’s announcement of 15,000 places follows our initial allocation of 3,000 places to Afghanistan in August 2021, which as we indicated then, was a floor and not a ceiling. This continues to be the case. The Government will continue to monitor processing numbers and reserves the right to increase the program in future years,” Minister Hawke said.

Source:

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