Breaking Australian immigration news brought to you by Migration Alliance and associated bloggers. Please email help@migrationalliance.com.au
The results for the September 2020 invitation rounds are now published. No invitations were issued for pro-rata occupations. Occupation ceilings are also updated as per latest invitation round results. You can view the updated occupation ceilings here: https://immi.homeaffairs.gov.au/visas/working-in-australia/skillselect/occupation-ceilings
|
Visa subclass |
Number |
The instrument repeals Migration (LIN 18/022: Determination of Daily Maintenance Amounts for Persons in Detention) Instrument 2018 (LIN 18/022) (F2018L01196) made under subsection 262(2) of the Act in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the AIA). Subsection 33(3) of the AIA states that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
The instrument operates to determine the daily amount applicable to a person for the cost of keeping and maintaining the person in immigration detention at a specified place for a specified period. Subsection 262(3) of the Act requires the amount to be no more than the cost to the Commonwealth of detaining a person at that place for that period.
The purpose of the instrument is to update the information contained in the previous instrument LIN 18/022, with the daily maintenance amount being specified as $456.23 for the period from the commencement date of the instrument to 30 June 2022 inclusive. The decrease in the daily maintenance amount is $32.88.
Source: LIN20037.pdf and LIN20037-Explanatory-Statement.pdf
Flinders University has confirmed that the Federal Government has approved to bring 300 international students into Adelaide. Under the new pilot scheme aiming to reboot international education, the approval allows 300 continuing students to come back to Adelaide.
It is anticipated that the majority of the students will be flying in from Singapore and their arrival is expected to happen in November.
A further 70 students are expected in Darwin in the next month under a similar arrangement into Charles Darwin University.
...
South Australia (along with a number of other States) have been given interim allocation numbers to continue to processing subclass Business Innovation & Investment Programs. Full announcement of final allocations was expected to occur shortly after the delivery of the Federal Budget on 6 October 2020.
The State government confirmed that final allocation is unlikely to be released until November this year.
In the meantime, below is a summary of the interim nomination requirements
...
| Minister for Immigration and Border Protection v MZZMX [2020] FCAFC 175 Full Court of the Federal Court of Australia Murphy, O'Callaghan & Anastassiou JJ Migration law - Minister's delegate refused to grant first respondent a Protection (Class XA) Visa - Refugee Review Tribunal affirmed delegate's decision - Judge Riley of Federal Circuit Court of Australian set Tribunal's decision aside - Minister appealed - Minister contended error by primary judge in concluding Tribunal had made 'irrational, illogical or legally unreasonable' finding (ground 1) - Minister also contended that primary judge made findings which were not open on evidence (ground 2) and that Minister was denied procedural fairness (ground 3) - first respondent's counsel conceded grounds 2 and 3 of appeal but sought dismissal of appeal on basis ground 1 was not made out and that there was no "practical injustice" resulting from primary judge's decision - held: appeal allowed Minister for Immigration and Border Protection |
| EMS18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 174 Full Court of the Federal Court of Australia Murphy, Mortimer & Thomas JJ Migration law - Minister's delegate refused to grant appellant a Safe Haven Enterprise visa (SHEV) - Authority affirmed delegate's decision - Judge Vasta of Federal Circuit Court of Australia dismissed judicial review application - appellant contended Authority's affirmation of delegate's refusal 'vitiated by a constructive failure to exercise jurisdiction' on basis Secretary had not fulfilled duty under s473CB(1)(c) Migration Act 1958 (Cth) (Migration Act) 'to provide relevant material to' Authority - whether contravention by Secretary of s473CB(1)(c) Migration Act and, if so, whether contravention could have affected outcome - EVS17 v Minister for Immigration and Border Protection [2019] FCAFC 20 - held: no contravention by Secretary of s473CB(1)(c) Migration Act - appeal dismissed. EMS18 |
| Nathanson v Minister for Home Affairs [2020] FCAFC 172 Full Court of the Federal Court of Australia Wigney, Steward & Jackson JJ Migration law - delegate of Minister cancelled appellant's visa under s501(3A) Migration Act 1958 (Cth) - delegate of Minister 'declined to revoke' cancellation - Tribunal affirmed delegate's decision - Colvin J of Federal Court of Australia accepted Tribunal had not provided appellant with 'fair hearing' with result appellant was denied procedural fairness - however primary judge found breach was not material - primary judge found it was not established that a 'different decision' could have resulted from "compliance" with procedural fairness obligation - whether appellant 'could not have received a different decision if given fair hearing - whether appellant had been denied a 'realistic possibility of a successful outcome' - held (Wigney J, dissenting): appeal dismissed. Nathanson |
Login / Join
