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The following information has been released under Freedom of Information request from the Department of Home Affairs pertaining visa lodgements vs visa grants for the period of 1 January 2020 to 30 September 2020.
Source: Department of Home Affairs, 2020 (DD-4046.01)
Note 1: Includes primary and secondary applicants.
| ADL17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 178 Full Court of the Federal Court of Australia White, Bromwich & Burley JJ Migration law - Minister's delegate refused appellant's application for a Safe Haven Enterprise Visa (subclass 790) (SHEV) - Immigration Assessment Authority affirmed delegate's decision - Judge A Kelly of Federal Circuit Court of Australia dismissed appellant's judicial review application - appellant appealed - 'proper application of' s5J(3)(a) Migration Act 1958 (Cth) - whether Immigration Assessment Authority was required, in its consideration of complementary protection claims under s36(2)(aa) Migration Act, to apply principles in Appellant S395/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 71 - grant of special leave by High Court to appeal from DQU16 v Minister for Home Affairs [2020] FCA 518 - claim of well-founded fear of persecution on basis of appellant's membership of 'particular social group' whether Authority made finding for purposes of s5L(c)(ii) Migration and, if so, whether it overlooked finding in considering application of s5J(3) Migration Act - whether Authority made findings concerning 'particular social group to which the appellant could belong' - whether Authority failed to make assessment as required by s5J(3) Migration Act concerning whether appellant could take steps to 'modify his behaviour' such that 'real chance of persecution' could be avoided - held: Authority's finding concerning ability of appellant to 'avoid a real chance of persecution' was not open - inappropriate and unnecessary to consider whether Authority required to apply principles in to apply principles in Appellant S395/2002 v Minister for Immigration and Multicultural Affairs [2003] HCA 71 - appeal allowed. ADL17 |
| NWWJ v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 176 Full Court of the Federal Court of Australia Perram, Derrington & Stewart JJ Migration law - self-represented applicant - Minister's delegate declined to revoke cancellation of applicant's Partner (Residence) (Class BS) visa - Administrative Appeals Tribunal affirmed delegate's decision - applicant sought judicial review - applicant sought to quash Tribunal's decision - applicant also sought that delegate's decision to cancel visa 'be reviewed and revoked' - applicant also sought review of refusal to grant 'bridging visa application' - failure of applicant to join Tribunal resulting in lack of jurisdiction - 'unparticularised assertion of error' by Tribunal - whether Tribunal relied on 'fraudulent or false' documents - whether applicant denied procedural fairness due to being self-represented and 'being in immigration detention' during hearing - Tribunal's inability to go behind and question conviction when exercising power - HZCP v Minister for Immigration and Border Protection [2019] FCAFC 202 - held: no error in decision of Tribunal - application dismissed. NWWJ |
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Minister for Home Affairs v Waraich [2020] FCA 1513 Source: https://benchmarkinc.com.au/web/ |
The Immigration (Education) Amendment (Expanding Access to English Tuition) Bill 2020 (the Bill) amends the Immigration (Education) Act 1971 (the IE Act) to expand eligibility for migrants to access English tuition.
The changes made by the Bill will send a strong message regarding the support provided by the Government for migrants to learn Australia¡¦s national language, and the importance of English proficiency for social cohesion. The Bill will enable the Government to further incentivise English language learning, and provide greater flexibility for migrants in the way they undertake English studies. It will provide English tuition to bridge the gap for migrants who are currently ineligible for the program, or who have exhausted their available tuition hours without reaching the level of vocational English.
Specifically, the Bill amends the IE Act to:
Source: IE-Amendment-2020.pdf and IE-Amendment-2020-Explanatory-Memorandum.pdf
Migration Alliance has received a number of enquires regarding the 491 State Nominated Visas. Below is a summary of 491 State Nominated Visas across each State.
New South Wales
NSW is currently not accepting or issuing new nominations for 491 via. In line with Home Affairs direction, NSW will commence invite applicants currently in selected health, ICT and engineering occupations, and who currently reside in NSW.
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Business & Skilled Migration Queensland (BSMQ) have confirmed that the Business Program and the Skilled Migration program will remain suspended until further notice.
In the latest press release: https://migration.qld.gov.au/ BSMQ advised that it recognises that there are a number of applicants impacted by this situation and will endeavour to re-open the program in December 2021.
BSMQ State Nomination Program
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