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

The Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Overseas Travel Ban Emergency Requirements) Amendment (No. 1) Determination 2020 (the Amendment Determination) amends the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Overseas Travel Ban Emergency Requirements) Determination 2020 (the Determination) to:
- make a technical amendment to put beyond doubt that there is a requirement imposed on the operator of an aircraft or vessel to ensure that the aircraft or vessel does not leave Australian territory with an Australian citizen or permanent resident on board;
- expand the decision-making authority to grant exemptions; and,
- make other minor technical amendments to remove reference to the commencement date of the Determination and to clarify that only an Act can declare an instrument not to be a legislative instrument.

Source: HUNT-Travel-ban-emergency-requirements.pdf and HUNT-travel-ban-emergency-requirements-Explanatory-Statement.pdf

Last modified on
Hits: 2006 0 Comments
Rate this blog entry:
0

Posted by on in General
BHD18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 151
Full Court of the Federal Court of Australia
Allsop CJ; Collier & Colvin JJ
Migration law - Minister's delegate refused to grant appellant a Safe Haven Enterprise (Class XE) Visa, finding Australia did not owe 'protection obligations' to appellant - Immigration Assessment Authority affirmed delegate's decision - Judge Kemp of Federal Circuit Court of Australia dismissed judicial review application - appellant contended that some factual findings of Authority 'were not open to it on the evidence' - whether 'failure to consider important evidence' in sense in Minister for Immigration and Citizenship v SZRKT [2013] FCA 317 - whether Authority erred concerning time at which appellant 'raised his scarring' - whether erroneous factual finding constituting jurisdictional error - whether legal unreasonableness - Minister for Immigration and Citizenship v Li [2013] HCA 18 - ss5H, 5J & 36 Migration Act 1958 (Cth) - held: no error by Authority - appeal dismissed.
BHD18
AJL20 v Commonwealth of Australia [2020] FCA 1305
Federal Court of Australia
Bromberg J
Migration law - constitutional law - false imprisonment - two proceedings - applicant claimed damages for false imprisonment by respondent - applicant sought that respondent be required 'to release him from detention' - applicant's visa had been cancelled under s501(2) Migration Act (Cth) (Migration Act) - protection visa under s195A Migration Act had been declined by Minister - whether steps by respondent demonstrated that removal of applicant from Australia had been 'undertaken or carried into effect as soon as reasonably practicable' - whether detention of applicant since 26/7/19 unlawful - no dispute that if detention unlawful, then false imprisonment, and liability, established - ss189, 196, 197C & 198 Migration Act 1958 (Cth) - 'constitutional limitations upon administrative detention' - - 'non‑refoulement obligations' - whether to make order in nature of 'writ of habeas corpus' - held: respondent had 'unlawfully detained' applicant since 26/7/19 - applicant to be released from detention by respondent forthwith.
AJL20
Wekerle v Department of Home Affairs [2020] FCA 1300
Federal Court of Australia
Banks-Smith J
Migration law - applicant's visa cancelled under s501(3A) Migration Act 1958 (Cth) - Minister's delegate refused to revoke visa's cancellation ('non-revocation decision') - Administrative Appeals Tribunal affirmed non-revocation decision - applicant sought extension of time to seek judicial review - delay - explanation for delay - prejudice - prospects of success - procedural fairness - interests of justice - consideration of matters at 'impressionistic level' - whether arguable applicant 'should have been provided with' DVD of 'police interview' - held: extension of time granted.
Wekerle

Source: Benchmark

Last modified on
Hits: 2031 0 Comments
Rate this blog entry:
0

Posted by on in General

Fed Govt should promote migration as a key plank of the post-COVID-19 economic recovery - Paper Attached

The labour market after COVID-19 brings together expert views on the critical issues shaping the jobs market, including for women, the long-term unemployed and young people, and the role of wage subsidies, immigration, training and industrial relations.

The paper calls on the Federal Government to extend the JobKeeper and JobSeeker payments to temporary migrants such as students and those on skilled work visas, as other countries have done with their own pandemic payments.

The report finds Australia can benefit from expected tighter restrictions on migration in other countries, by encouraging migration by highly skilled workers.

“This crisis will have long-lasting impacts on migration policy across the world and in Australia,” CEDA Chief Economist, Jarrod Ball said.

Source: Migration-must-be-central-to-Australias-post-COVID-economic-recovery.pdf

...
Continue reading Last modified on
Hits: 2079 0 Comments
Rate this blog entry:
0

Posted by on in General

Invitation Round results are as follows: 

457 / 482 visa holders: 12 invitations

  • 190 nomination: 6 invitations
  • 491 nomination: 6 invitations

Matrix nominating Critical occupations: 140 invitations

...
Continue reading Last modified on
Hits: 2776 0 Comments
Rate this blog entry:
1

Posted by on in General

BSMQ Queensland

Changes in Subclass 491 - SBO pathway eligibility 

Eligibility criteria for the Subclass 491 Small Business Owners pathway has been updated by BSMQ. Updated BSMQ criteria requires you to:

  • have an occupation on HA s Legislative instrument (LIN 19/051)
  • have prior business experience (operating the business successfully for at least 6 months meets this criteria), qualifications to successfully run the business, or previous family-run business experience.
  • be on a visa that allows full-time work and operation of the business for a minimum of 35 hours per week
  • have purchased an existing business in regional Queensland (Note: not available for start-ups or home-based businesses, franchise businesses must have been operating for at least a year prior to purchase)
  • invested a minimum of $100,000 in the business prior to submitting an EOI
  • have 100% ownership of the business (partnerships or joint ventures not eligible)
  • be trading in the business for 6 months prior to application
  • employ one (1) employee who is an Australian resident working a minimum of 20 hours per week. Please note: an Australian resident for 491-SBO purposes is an Australian permanent resident, Australian citizen or New Zealand citizen on a subclass 444 Special Category visa.
  • provide evidence of sufficient settlement funds. 

Source: https://migration.qld.gov.au/skilled-visa-options/im-operating-a-small-business-in-regional-queensland/

 

...
Continue reading Last modified on
Hits: 4604 0 Comments
Rate this blog entry:
0
Joomla SEF URLs by Artio