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Migration Agents Activity Report has been published
The latest Migration Agents Activity Report has been published on the OMARA website today: Migration Agents Activity Report - 01 July to 31 December 2021 (mara.gov.au)
Australian Immigration Daily News
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Strenghthening the character test - Fed Govt takes very seriously its responsibility to protect Australians from non-citizens who engage in criminal conduct - Will act decisively to protect our community, as Australians expect
The Bill introduces amendments to allow for discretionary visa refusal or cancellation where a non-citizen has a conviction for a designated offence punishable by at least two years' imprisonment.
Designated offences include violent and sexual crimes, breaching personal protection orders like AVOs, using or possessing a weapon, or assisting with any of these crimes.
An Australian visa is a privilege that should be denied to those who pose a threat to the safety of Australians. It should not be easier to deport an international sports star than a convicted criminal. That's why this Bill broadens existing discretionary powers to cancel and refuse visas under the "character test".
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Federal Court Summaries: Migration Law - 10 Feb 2022
| 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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Code of Conduct webpage has been updated
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
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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