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Posted by on in General

Executive Chairman of Atlas Advisors Australia Guy Hedley said many high net worth individuals in Hong Kong were turning to investor migration programs around the world to seek a new path in life.

Reopening Australia’s Business Innovation and Investment Program (BIIP) is critical to attract Hong Kong’s most wealthy investors, he said.

“Appetite for investment and migration in Australia from Hong Kong’s highest net worth individuals is ramping up,” Mr Hedley said.

“Australia must maintain a globally competitive migration program if it’s going to attract Hong Kong’s most wealthy investor migrants while also offering a safe haven to citizens in need.”

Source: Australia-needs-Hong-Kongs-high-net-worth-investors-seeking-refuge.pdf

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Whilst we eagerly await for the composition of the new Skilled Occupations List, the Department of Home Affairs has released four new legislative instruments.

Home Affairs Legislation Amendment (Credit Card and PayPal Surcharge) Regulations 2020
This instrument amends the Australian Citizenship Regulation 2016, the Customs Regulation 2015 and the Migration Regulations 1994 to increase the surcharge applied to Visa and MasterCard credit card, and PayPal, payments for certain fees and charges, including visa application charges, nomination and sponsorship fees, citizenship-related fees and customs duties and taxes.
Some or all of this item commenced on 1/07/2020

https://www.legislation.gov.au/Details/F2020L00705

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NT State Nomination Authority

2020 to 2021 program year update 

The Australian Government has not yet allocated nomination quotas to the states and territories for the 2020 to 2021 program year. 

This means that the Northern Territory (NT) Government is currently unable to issue nominations under the General Skilled Migration (GSM) program and the Business Investment and Innovation Program (BIIP). 

At this stage, if you are currently living in the NT, you will still be able to lodge new applications for NT nomination under the GSM program, and these applications will continue to be assessed. Offshore GSM nomination applications remain closedBIIP nomination applications remain open

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The Commonwealth Ombudsman (the Ombudsman) is required by the Migration Act 1958  to assess the appropriateness of the immigration detention arrangements for each person detained for two years or more. The Ombudsman's assessment is provided to the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, along with a de-identified version, which the Minister must table in Parliament.

Recent report published by the ombudsman covers ten case studies of migrants held in detention centre.  A summary of the report is detailed in this article.

The report covers ten cases as mentioned, a particular case covers a 35-year-old man who has been in detention for 2,547 days (almost seven years).  This is now the 6th time this case has come up before a review. The Department’s report advised that Mr X had no outstanding matters before the Department, tribunals or the courts and has been on an involuntary removal pathway since May 2015. The Ombudsman’s previous assessment recommended that this case be referred to the Minister for consideration under s 195A for the grant of a bridging visa, given the protracted nature of the man’s removal from Australia and the adverse impact of remaining in detention. On 12 September 2019 the Minister advised in a tabling statement that the Department had recently referred this case for his consideration.  The Ombudsman’s recent recommendation is that this case be expedited. The Ombudsman is concerned that the man is likely to remain in immigration detention for a prolonged period due to the protracted nature of his removal from Australia. This poses a significant risk to his health and welfare.

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Minister for Immigration and Border Protection v CED16 [2020] HCA 24
High Court of Australia
Gageler, Keane, Nettle, Gordon and Edelman JJ
Migration law - delegate of Minister refused to grant first respondent protection visa - Immigration Assessment Authority affirmed delegate’s decision - Judge Street of Federal Circuit Court of Australia dismissed judicial review application - Derrington J of Federal Court of Australia allowed appeal against Judge Street’s decision - Minister appealed by special leave - appeal concerned meaning of "new information" - first respondent conceded ’Certificate’ could not satisfy condition in s473DE(1)(a)(ii) Migration Act 1958 (Cth) (Migration Act) ’as interpreted in’ SZBYR v Minister for Immigration and Citizenship (2007) 81 ALJR 1190, Minister for Immigration and Citizenship v SZLFX [2009] HCA 31, Plaintiff M174/2016 [2018] HCA 16 and SZMTA [2019] HCA 3 - first respondent, however, contended Derrington J correct to find Certificate was "new information" and correct to conclude receipt of that "new information" caused Authority ’to fall into jurisdictional error’ by failure to perform ’procedural obligation’ which s473DB(1)(a) Migration Act imposed - whether Certificate could not satisfy description of "information" - whether Certificate was "document" - whether Certificate contained "information" within reference to "any documents or information" in definition of "new information" in s473DC(1) Migration Act - held: appeal allowed.
Minister
Ali v Minister for Home Affairs [2020] FCAFC 109
Full Court of the Federal Court of Australia
Collier, Reeves & Derrington JJ
Migration law - Minister cancelled appellant's partner visa on “character” grounds under s501(3A) Migration Act 1958 (Cth) (cancellation decision) - Assistant Minister was not satisfied of matters in ss501CA(4)(b)(i) & (ii) Migration Act - Assistant Minister refused to revoke cancellation decision - Steward J of Federal Court of Australia dismissed judicial review application - 'international non-refoulment obligations' - “another reason” - whether Assistant Minister erred in not being satisfied of matters in ss501CA(4)(b)(i) & (ii) Migration Act - whether necessary to determine non-refoulment obligations - whether permissible to defer consideration of non-refoulment obligations until 'any subsequent consideration' of protection visa application - “Failure to Consider Ground” - “The Identical Manner of Consideration Ground” - “Absence of Full Consideration Ground” - Hernandez v Minister for Home Affairs [2020] FCA 415 held: Assistant Minister's decision did not accord with requirements of s501CA(4) Migration Act - appeal allowed.
Ali
Walker v Minister for Home Affairs [2020] FCA 909
Federal Court of Australia
Bromwich J
Migration law - applicant’s temporary visa cancelled under s501(3A) Migration Act 1958 (Cth) (cancellation decision) - Minister refused to revoke cancellation decision - applicant sought judicial review - applicant challenged basis for Minister’s finding that applicant ’represented an unacceptable risk of harm’ outweighing considerations favouring revocation - use of ’past non-violent conduct and its violent outcome’ to find risk of violent conduct’s repetition - whether Minister’s decision ’legally unreasonable’ - Minister for Immigration and Citizenship v Li [2013] HCA 18 - held: legal unreasonableness established - judicial review application upheld.
Walker

Source:  Benchmark

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