System Message:

Australian Immigration Daily News

Breaking Australian immigration news brought to you by Migration Alliance and associated bloggers. Please email help@migrationalliance.com.au

  • Home
    Home This is where you can find all the blog posts throughout the site.
  • Categories
    Categories Displays a list of categories from this blog.
  • Tags
    Tags Displays a list of tags that have been used in the blog.
  • Bloggers
    Bloggers Search for your favorite blogger from this site.
  • Team Blogs
    Team Blogs Find your favorite team blogs here.
  • Login
    Login Login form
Recent blog posts

Posted by on in General

With first dose vaccination rates at over 78 per cent and double dose rates nationwide at 55 per cent and on track to reach 70 per cent in some jurisdictions over the next week, our government has been finalising plans so Australian families can be reunited, Australian workers can travel in and out of our country, and we can work towards welcoming tourists back to our shores.

Within weeks, large parts of the country will be moving to Phase B and then to Phase C of the National Plan to safely reopen Australia and to stay safely open. Under Phase C, international travel is on track to reopen safely to fully vaccinated Australian travellers.

Source: Next-steps-to-reopen-the-world.pdf

...
Continue reading Last modified on
Hits: 1063 0 Comments
Rate this blog entry:
0

Posted by on in General

Overview of the Disallowable Legislative Instrument

The Migration Amendment (Australian Agriculture Workers) Regulations 2021 (the AAW Regulations) amend the Migration Regulations 1994 (the Migration Regulations) to support the Government’s objective to fill labour shortages in primary industry sectors.

COVID-19 has impacted Australia’s agriculture sector by limiting the supply of overseas workers, while COVID-19 related travel restrictions and practical difficulties have impeded international and domestic movement. The departure of temporary migrants has placed further pressure on the supply of low and semi-skilled workers, in particular, seasonal workers in primary industry sectors.

Despite temporary measures introduced to encourage Australian workers and temporary visa holders to relocate and take up work in the agriculture sector, the Government continues to receive reports of growers unable to harvest crops due to labour shortages. The Australian Agriculture Worker (AAW) Program will provide the agriculture sector with a wider pool of workers to draw from where Australian workers and workers available through Pacific labour mobility schemes are not sufficient to meet primary industry labour needs in Australia.

Source: Migration-Amendment-Australian-Agriculture-Workers-Regulations-2021.pdf 

and Migration-Amendment-Aus-Ag-Worker-Regs-2021-Explanatory-Statement.pdf

Last modified on
Hits: 693 0 Comments
Rate this blog entry:
0

Posted by on in General

Migration (arrangements for Visitor (Class FA) visa applications) Instrument (LIN 21/056) 2021
This instrument operates for the Minister to specify the approved forms, place and manner (the arrangements) for making a valid visa application for a Visitor (Class FA) visa. The Subclass 600 (Visitor) visa (subclass 600) is the only subclass for the Class FA visa and has five streams: the Tourist stream, the Sponsored Family stream, the Business Visitor stream, the Approved Destination Status stream and the Frequent Traveller stream. The instrument specifies the arrangements for making a visa application for each stream.
Some or all of this item commenced on 30/09/2021
https://www.legislation.gov.au/Details/F2021L01339


Migration (LIN 20/046: Arrangements for Visitor (Class FA) Visa Applications) Instrument 2020
This instrument operates for the Minister to specify the approved forms, place and manner for making a valid visa application for a Visitor (Class FA) visa, and specify for the Approved Destination Status stream in the Visitor (Class FA) visa, which includes the Subclass 600 (Visitor) visa, the travel agents that may organise a tour of which an applicant must be intending to travel to Australia as a member of that tour.
As a response to the cancellation of visas as a direct consequence of the Covid-19 pandemic, the instrument creates arrangements for applicants who are in Australia and who are former Visitor (Class FA) visa holders and whose visas were cancelled due to the risk of a Public Health Emergency of International Concern designated by the World Health Organisation, to the health, safety or good order the Australian community, or a segment of that community.
Item was repealed on 30/09/2021, and is no longer in force
https://www.legislation.gov.au/Details/F2020L00160

Last modified on
Hits: 464 0 Comments
Rate this blog entry:
0

Posted by on in General
EPL20 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 173
Full Court of the Federal Court of Australia
Yates, Griffiths & Moshinsky JJ
Migration law - delegate of Minister cancelled applicant's visa under s501(3A) Migration Act 1958 (Cth) (Migration Act) - applicant sought judicial review of delegate's refusal to revoke visa's cancellation - Minister submitted Administrative Appeals Tribunal lacked jurisdiction to conduct review on basis representations under s501CA(4) Migration Act were not received by 'correct deadline' - Tribunal found it lacked jurisdiction on basis representations 'had to be received by no later than' 28 days from date of applicant's receipt of 'second notification letter' - applicant sought relief - 'construction issue' - whether 'either or both' Minister for Immigration and Border Protection v EFX17 [2021] HCA 9 and Stewart v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 196 applied to second notification letter - whether Stewart was "plainly wrong" - whether construction by Full Court of "made" in Stewart erroneous - whether "clear" or "patent" error - whether "merely a difference of view as to meaning" - whether departure from requirements in s501CA(3) Migration Act - whether Pt 9.2 and s501CA(3) Migration Act invalid under s116 Constitution on basis they prohibited applicant from exercising Christian religion - whether applicant was not an alien for purposes of Migration Act - validity of regs 2.55 and 2.52 Migration Regulations 1994 (Cth) - procedural fairness - whether applicant 'not duly served with' second notification letter - held: Stewart was not "plainly wrong" - Court applied Stewart to second notification letter - second notification letter invalid - further amended originating application upheld.
EPL20
Sillars v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 174
Full Court of the Federal Court of Australia
Yates, Griffiths & Moshinsky JJ
Migration law - delegate of Minister, under s501CA(4) Migration Act 1958 (Cth) (Migration Act), refused to revoke cancellation of appellant's visa - Administrative Appeals Tribunal affirmed delegate's decision - Katzmann J, of Federal Court of Australia, dismissed judicial review application - appellant contended cancellation of visa invalid, or that appellant was not served with 'valid cancellation notice' - whether notice's invitation informing appellant concerning period within which representations were required to be made 'was consonant with reg 2.52' Migration Regulations 1994 (Cth) (Regulations) - effect of decision in Minister for Immigration and Border Protection v EFX17 [2021] HCA 9 'considered in light of' Stewart v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 196 - whether primary judge erroneously found reg 2.55 Regulations applied to notice of cancellation - whether appellant 'made representations' concerning revocation of cancellation decision in time prescribed by reg 2.52(2)(b) Regulations - held: Court applied Stewart to invitation in notice - invitation 'incorrectly fixed' time under reg 2.52(2)(b) Regulations - invitation not in accordance with 501CA(3) Migration Act - invitation was invalid - appeal allowed.
Sillars
QYFM v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 166
Full Court of the Federal Court of Australia
McKerracher, Griffiths & Bromwich JJ
Migration law - delegate of Minister refused to revoke mandatory cancellation of appellant's visa under s501CA(4) Migration Act 1958 (Cth) - Administrative Appeals Tribunal affirmed delegate's decision - Kerr J, of Federal Court of Australia, dismissed judicial review application - whether to grant appellant leave to raise new appeal grounds - "no evidence" ground - challenge to fact-finding of Tribunal - whether Tribunal's decision 'illogical, irrational and/or legally unreasonable' - five 'strands' of claims alleging 'illogicality and unreasonableness' - held: leave granted to raise appeal ground challenging Tribunal's fact-finding - Minister for Immigration and Border Protection v MZZMX [2020] FCAFC 175 - held: appeal dismissed.
QYFM
AFD21 v Minister for Home Affairs [2021] FCAFC 167
Full Court of the Federal Court of Australia
Kenny, Kerr & Wheelahan JJ
Migration law - appellant's Class AH Subclass 101 Child (permanent) visa cancelled under s501(3A) Migration Act 1958 (Cth) (Migration Act) - Minister declined to revoke cancellation of visa under s501CA(4) Migration Act - Snaden J, of Federal Court of Australia, dismissed judicial review application - whether Minister, in determining whether there was "another reason" 'to revoke the cancellation decision', gave 'active intellectual consideration' to representations of appellant concerning risks to appellant's personal safety if he were returned to Burundi, including risk of being killed - whether non-refoulment obligations were raised 'as a mandatory consideration' by appellant's submissions - no dispute that if they were raised, Minister erred in dealing with them in manner amounting to jurisdictional error - held: Minister did not give active intellectual consideration to representations - non-refoulment obligations were raised - appeal allowed.
AFD21

Source: Benchmark

Last modified on
Hits: 670 0 Comments
Rate this blog entry:
0

Posted by on in General

The Australian Agriculture visa is being designed for primary industry sectors including horticulture, meat processing, dairy, wool, grains, fisheries (including aquaculture) and forestry.

The program will be operated by the Department of Foreign Affairs and Trade, leveraging their experience managing the successful Pacific Labour Scheme.

The Seasonal Worker Programme and Pacific Labour Scheme will remain the priority source of temporary migrant workers for Australia’s agriculture sector. The Australian Agriculture visa will address any labour gaps that cannot be filled by Australian and Pacific labour.

 Source: Australian-Ag-visa.pdf

Last modified on
Hits: 678 0 Comments
Rate this blog entry:
0
Joomla SEF URLs by Artio