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

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Migration Alliance has been informed of this news at 4:20PM AEST today.

The Department and ABF are currently impacted by a national network issue and are experiencing an outage with multiple IT systems.  Investigations are underway as a priority to restore systems.

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The following email has been received from the State Government of NSW today:

Business and investor visas

Applications for NSW nomination for Business Innovation and Investment  (subclass 188) visa streams are currently closed.

NSW will announce new nomination criteria for the Business, Innovation and Investment Program via our newsletter and website in due course.

Applications for Permanent and Extension Business and Investor visas remain open. Visit the respective visa website to apply for nomination. 

...
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The Department of Home Affairs has published this information on it's Facebook page today: 

A cancelled migration agent has been sentenced to jail after an Australian Border Force investigation into unlawful immigration assistance. 

As part of Operation YAKTOWN, our ABF colleagues began following allegations that the ex-agent was providing false visa grant notices to prospective applicants. As a result of her conduct, some of her clients became unlawful in Australia despite believing they held valid visas. 
 
The woman was sentenced to nine months imprisonment and ordered to pay compensation to her victims. To read more visit: http://newsroom.abf.gov.au/.../woman-sentenced-to-nine...
The former agent was cancelled by the Office of the Migration Agents Registration Authority (OMARA) for breaches of the Code including engaging in fraudulent and dishonest behaviour. 

Don’t risk being exposed to migration fraud. If you want help with your visa application, use a person who is registered with the OMARA. There are Australian registered migration agents working all around the world, visit www.mara.gov.au

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Broadbent v Minister for Home Affairs [2021] FCAFC 116
Full Court of the Federal Court of Australia
Nicholas, Wigney & Anderson JJ
Migration law - Minister's delegate cancelled applicant's Class WR Subclass 070 Bridging R (Removal Pending) visa under s501(3A) Migration Act 1958 (Cth) - Minister refused to revoke cancellation - SC Derrington J, of Federal Court of Australia, refused judicial review application - applicant sought to appeal - whether to grant extension of time to appeal - whether Minister lacked power under s501CA Migration Act to revoke visas cancellation - whether erroneous failure to consider 'evidence of significance' concerning question whether to revoke visa's cancellation - whether applicant made representation that he was, or might be a Zambian citizen - whether Minister required to consider applicant's connection with Zambia - whether misconstruction of s256 Migration Act - held: extension of time to appeal refused.
Broadbent
Chetcuti v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCAFC 98
Full Court of the Federal Court of Australia
Logan, Charlesworth & Wheelahan JJ
Migration law - Minister cancelled appellant's visa under s501(3) Migration Act 1958 (Cth) (cancellation decision) - appellant challenged cancellation decision - Bromberg J, of Federal Court of Australia, dismissed judicial review application - appellant contended Minister had misunderstood operation of 501(3) Migration Act 'by believing it precluded him from' effecting procedural fairness rules - appellant also contended Minister was 'precluded from re-exercising the power to cancel' visa where a previous Minister had declined to cancel the visa ('2012 decision') 'and no relevant new fact or circumstance had arisen since' 2012 decision - appellant also contended Minister failed to have regard to 'mandatory relevant consideration' - whether to grant leave to raise new appeal grounds - whether 'separate powers' conferred between s501(2) Migration Act and s501(3) Migration Act - whether Minister was 're-exercising power' when cancellation decision made - held: appeal dismissed.
Chetcuti

Source:  Benchmark

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The offences involved fraudulent conduct by the woman between December 2014 and December 2017. They indicated that she was providing false documents to her clients purporting to be from the Department of Home Affairs in order to convince clients they had been granted visas or, in some instances, to pay over $15,000 as a security for a supposed visa grant.

The woman continued to represent herself as a registered migration agent after her registration was cancelled in April 2016.

As a result of her conduct, some of her clients became unlawful in Australia despite believing they held valid visas, some only discovering the fraud after attempting to return to Australia from offshore and being denied boarding because they did not hold a valid visa.

Source: Woman-sentenced-to-nine-months-in-prison-for-providing-unregistered-migration.pdf

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