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Immigration Daily News Clarification of "immediate family" of Australian Citizens and Permanent Residents re entry to Australia during Coronavirus "denial of entry" periodAustralian Immigration Daily News
Breaking Australian immigration news brought to you by Migration Alliance and associated bloggers. Please email help@migrationalliance.com.au
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Clarification of "immediate family" of Australian Citizens and Permanent Residents re entry to Australia during Coronavirus "denial of entry" period
Migration Alliance released news here about the denial of entry of persons coming from China which stated the following:
Australia will deny entry to anyone who has left or transited mainland China from 1 February, with the exception of Australian citizens, permanent residents, immediate family members of Australian citizens and permanent residents including spouses, minor dependents and legal guardians.
Migration Alliance has sought further advice in relation to the wording in the above statement. That advice is as follows:
People should take a common sense approach to the definition of "immediate family member".
This would ordinarily include children, dependents, spouse/partner, immediate carer/guardians of Australian Citizens or Permanent Residents. It could also include parent members of the family unit, and vital caregivers.
It would NOT ordinarily include cousins, aunt/uncle and other non-immediate relatives of Australian Citizens or Permanent Residents.
Each person's situation will be assessed on its own merits, and on a case-by-case basis. The Department of Home Affairs will be as fair as possible, but top priority is public safety.
Comments
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Sunday, 02 February 2020Don't worry! Spouse includes common law partner. All good.
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Monday, 03 February 2020
There needs to be confirmation on this, the law is up for interpretation, Defense Force website specifically says Spouses only, and I called them to check and they specifically said this does not include other partnerships such as De facto relationship. Even Registration of Civil Partnership will not be accepted. The discretion is in the hands of border security. From personal experience working in APS, I can confidently tell you, the advice here will not have any value if presented to border security. The only way is to show that it is within their chain of common expressing explicitly so. Even en email with an @immigration.gov.au with the name redacted would hold much more water than this. Until then, I'm afraid the words are empty and your don't worry attitude only show how unprofessional and unchalant you are towards your work in a very trying time. Not sorry.
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Sunday, 02 February 2020
Hi May I know where is the official source of "People should take a common sense approach to the definition of "immediate family member"? Can you give us one website link? Thank you so much.
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Monday, 03 February 2020
This came from an official source, but permission to release the name has been denied by the official source.
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Monday, 03 February 2020
I imagine there is documentation in writing for this information, otherwise it is not legally binding. Would you be able to publish the original document with the name redacted or blacked out?
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Tuesday, 04 February 2020
We got it in writing, but have zero duty to report the source, especially not naming names when specifically asked not to. Try this: https://migrationalliance.com.au/immigration-daily-news/entry/2020-02-dept-of-home-affairs-abf-visa-cancellations-enhanced-border-control-measures.html
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Wednesday, 24 June 2020
When we say immediate family member/ relative or dependent child of a permanent Australian resident/citizen, 1. does it include the children (age 24 years) who’re not landed residents to Australia along with their father and step mother and whose “dependency” visa is not yet applied and granted in Australia. 2. does their visit visa (600)give them the right to visit their father in Australia without any travel restriction in this COVID 19 situation?
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Monday, 03 February 2020
What about New Zealand citizens who actually live and work in Australia for more than 10 years, my wife is from China holds relevant bridging visa for re entry, we are currently waiting to return
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Monday, 03 February 2020
How about eligible NZ citizen who has been in Australia for many years and their immediate family? they have not been in NZ for years, so now they cannot come back? yesterday I talked to the chief staff of a senator and hope the message can go through.
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Monday, 03 February 2020
It could also include parent members of the family unit, and vital caregivers.
Will this include a parent of the person over 18 years' old? Pursuant to clause 1.12AA(1)(c), member of the immidiate family only include a parents of the person not 18 years or more. Therefore, I would ask your advice if a parent of the person over 18 years' old is also excepted from the strict measures. Thank you. -
Monday, 03 February 2020
Hi. I’m just wondering that whether parent of Australian permanent is allowed to entry? But I’m way over 18.
Appreciate for any reply -
Monday, 03 February 2020
Hi there, please advise whether parents of a person not under 18 years old will be excepted in the strict measures. Many PR or Citizen (more than 18 years old) is asking if their parents can arrive Australia without the strict.
Thank you and looking forward to receiving your opinion. -
Tuesday, 04 February 2020
Immediate family members of immediate family unit. If the parents don’t ordinarily live with the Australian citizen then probably no. Best to ask. Each case assessed on its own merits.
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Tuesday, 04 February 2020
There are two problems
1. The Australian customs is Sydney and Melbourne... Which is the 2nd Headache.
2. Airlines taking a black and white approach. Only Shanghai, Beijing and Guangzhou are the only 2 airports that I know of, where there is a Department of Home Affairs Official at the airport. He will advise airlines where a 'grey' case is able to proceed onto the flight or not.
However I am travelling from Xi'an Airport. And this Is much more complicated.
Without your government source and his letter or a telephone call to the airline front counter, I am very afraid. Because Xi'an is a 5 hour drive for me...
Please provide some information or a letter from DHA or DFAT who can explain 'spouse' and immediate family better.
Kind regards
Anthony -
Wednesday, 05 February 2020
Anthony is is discretionary. People need to put their individual cases to the officials at the airport. A 5 hour drive is worth it. Read the news links. The officials have been given the discretion. This means they can exercise their discretion in your favour. Bring your lawyer if you have to. To be clear this means there is no 'black and white' letter floating around.
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Thursday, 06 February 2020
Thank you RMA 101.
Ive rung up Canberra DHA - Department of Home Affairs,
Ive called DFAT -Department of Foreign Affairs
I've called the Australian Embassy in Beijing
I've called the Australian Consulate in Cheng Du
I've texted and called the Emergency Consular Service Hotline
All have said the policy is clear on Spouse and it meaning legally married.
We only require some letter with a fancy Australian Logo / Letter Head if you can
If you can get some or any government letter it would make me so much at ease
Please let me know
Kind regards -
Friday, 07 February 2020
THAT IS NOT THE PROCESS. NONE OF WHAT YOU HAVE SAID IS THE PROCESS. REGISTER WITH SMART TRAVELLER AS BEING IN HUBEI. THE LONGER YOU MESS AROUND MAKING USELESS PHONE CALLS TRYING TO CHASE DOWN A LETTER WHICH DOES NOT EXIST THE WORSE YOUR SITUATION WILL BECOME. YOU CAN'T BE THAT DESPERATE IF YOU AREN'T ALREADY TRYING TO EVACUATE WITH YOUR SPOUSE, FOLLOWING THE PROCEDURES PROVIDED BY THE AUSTRALIAN GOVERNMENT. IF YOU STILL CAN'T WORK IT OUT, FOLLOW INSTRUCTIONS. GET A LAWYER! YOU SHOULD BE ON CHRISTMAS ISLAND ALREADY, NOT TRYING TO CHASE DOWN A NON-EXISTENT LETTER.
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Thursday, 19 March 2020
Hi,
In view of the travel restrictions imposed by Australian government due to corona virus
Thu 19 Mar 2020 4.02 PM[u][/u]
Australia blocks arrival of all non-residents in expanded coronavirus travel ban.
It will mean that only citizens, residents or a direct family member will be allowed to enter Australia.
I am PR holder, my mother is coming from India and will reach Sydney on sunday morning on 22 march. WRT definition of direct family member will she be allowed to enter australia or not in view of the avove travel restrictions.
thanks,
junaid
Immigration blog
Australian citizens and permanent residents will still be able to enter, as will their immediate family
members (spouses, legal guardians or dependants only). This exemption will be extended to airline
crews who have been using appropriate personal protective equipment.
Your article is amazing and sheds great light on the situation.
My only concern is 'spouses, legal guardians or dependants only'
The words 'ONLY' does cause concern.
Under the Interpretation Act 1901 (Cth) s 2CA ss (1).
'... a person is the spouse of another person… if the person is legally married to the other person’.
The wording of' Only' is what I am very concerned about.
If I was to proceed to the customs counter with my Chinese partner, who I and her are not legally married yet, it could cause some problems... And a visa cancellation and having to return to mainland China would be devastating....
I am an Australian however my partner and I are confused and worried.
Is there any authority or cases where partners are allowed to be taken back. I have heard customs officials taking a stringent approach and sending planes full of people back when the announcement was made mid flight.
Kind regards