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Posted by on in General

Have you ever had occasion to have a case involving visa cancellation on character grounds?

This might seem to be a "niche" aspect of Australian migration practice - after all, isn't the preparation of visa applications of various kinds the "bread and butter" of most RMAs' day-to-day work?

But if you have a look on Austlii at the decisions coming our of the AAT and the Federal Courts, you will see that visa cancellations on character grounds are quite common place, and that while RMAs have been busy working on visa applications, the Department and the Minister have their own "cottage industry" involving visa cancellations.

...
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Michael Arch
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Posted by on in General
BJK17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCAFC 171
Full Court of the Federal Court of Australia
Middleton, Bromberg & Snaden JJ
Migration law - two appeals - appellants were father and son - Minister's delegate refused to grant appellants safe have enterprise visas - Immigration Assessment Authority affirmed delegate's decision - Federal Circuit Court of Australia dismissed appellants' applications for judicial review - father, by notice of appeal, contended Authority erroneously treated his 'abdominal scarring' as 'new information' and unreasonably failed to consider exercise of power under s473DC(3) Migration Act 1958 (Cth) to obtain new information - son, by notice of appeal, adopted father's grounds of appeal and also contended Authority was unreasonable in refusing to consider of new information concerning his claim of fearing harm on basis of his homosexuality - appeals dismissed.
BJK17
BEL16 v Minister for Home Affairs [2019] FCA 1678
Federal Court of Australia
Beach J
Migration law - Minister's delegate refused to grant appellant a protection (class XA) visa - Administrative Appeals Tribunal affirmed delegate's decision - Federal Circuit Court dismissed judicial review application - appellant appealed - appellant submitted that Tribunal had erred in finding concerning appellant's credibility - whether Tribunal's approach to credibility based on perceived discrepancies legally unreasonable - appeal allowed.
BEL16
Singh v Minister for Home Affairs [2019] FCA 1670
Federal Court of Australia
Abraham J
Migration law - Minister's delegate declined to revoke mandatory cancellation of applicant's visa under s501(3A) Migration Act 1958 (Cth) - Administrative Appeals Tribunal affirmed delegate's decision - applicant sought judicial review - whether Tribunal erred in statement concerning judicial officers' 'sentencing remarks' - whether Tribunal erroneously mischaracterised 'psychologist reports' - whether errors by Tribunal gave rise to legal unreasonableness or jurisdictional errors concerning treatment of relevant evidence – application allowed.
Singh
DZT18 v Minister for Home Affairs [2019] FCA 1639
Federal Court of Australia
Davies J
Migration law - Minister's delegate refused to grant appellant a protection visa - Administrative Appeals Tribunal affirmed delegate's decision - Federal Circuit Court of Australia dismissed judicial review application - appellant appealed - whether Tribunal made a legally unreasonable finding of fact in relation to particular documents – whether Tribunal should have considered whether prison conditions in Applicant's home country involved intentional infliction of harm - appeal allowed.
DZT18

Source: https://benchmarkinc.com.au/web/

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Posted by on in General
Migration Alliance has been contacted by the Office of the MARA today as a valued Stakeholder, regarding the Consultation on revised Code of Conduct for Registered Migration Agents.
 
The Independent Review of OMARA (Kendall Review) recommended a review of the Code of Conduct for Registered Migration Agents to address concerns about the scope, content and clarity of the current Code. 
 
It is anticipated that a revised Code will be simpler, will remove duplication and be written in plain English making it fit for purpose to guide the professional conduct of registered migration agents.
 
Following extensive consultation on the Code issues paper, a document on the new Code, which takes into account the extensive stakeholder feedback received from the first two rounds of Code consultations, has now been developed. 
 
The Code document will be open for comment until 22 November 2019.
 
Please provide your feedback by email to This email address is being protected from spambots. You need JavaScript enabled to view it.
 
 
Please feel free to make independent submissions. We would also appreciate it if you sent submissions and ideas to Migration Alliance, as we will be compiling these and making a larger submission as a Stakeholder, representing our 5000 + member views. The email to use for submissions is This email address is being protected from spambots. You need JavaScript enabled to view it. .
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Posted by on in General

Migration Newsletter 748 has been released and makes excellent reading:

Migration_Newsletter_748.pdf

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Posted by on in General

Officials at Sydney International Airport have used new legislation to cancel a passenger’s visitor visa for the first time because of a serious biosecurity breach.

Minister for Agriculture, Bridget McKenzie, said the cancellation showed that Australia would not tolerate people putting our environment, industries, economy and way of life at risk.

“The biosecurity threats that our country is facing are real and could be devastating for all Australians,” Minister McKenzie said.

...
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