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The Federal Court, through senior officers of the Court, became aware in late March 2020 that the names of some litigants who had commenced protection visa proceedings in the Federal Court and the Federal Circuit Court could be accessed on the Commonwealth Courts Portal through Federal Law Search. Those web-based services are managed under the Federal Court of Australia Act 1976.

The access that could be obtained to the names of some litigants was or could be, if obtained, publication contrary to the Migration Act s 91X. That provision provides that a federal court must not publish (in electronic form or otherwise) the name of a person in a proceeding relating either to their application for a protection visa or related bridging visa, or to the cancellation of such a visa. This state of affairs is referred to in these terms of reference as a ‘data breach’ or ‘the data breach’.

Source: S91X.pdf

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Posted by on in General
ERY19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 569
Federal Court of Australia
Stewart J
Migration law - applicant sought judicial review of Minister's 'personal decision', under s501(1) Migration Act 1958 (Cth) (Migration Act), to refuse applicant a Protection (Class XA) visa - Minister was not satisfied applicant passed applicant 'character test' on basis of 'Interpol notice' concerning applicant - whether open to Minister 'to reasonably draw the inference that the applicant would present' risk to Australian community or segment of Australian community - whether misconstruction and misapplication of s501(6)(h) - whether Minister failed to consider information in Department's possession - whether Minister's decision 'legally unreasonable' - 'community expectation' - s195A Migration Act - 'legal unreasonableness' - held: Court not satisfied Minister could 'reasonably have inferred' from 'Interpol Red Notice' that applicant would present risk to Australian community or a segment of it - legal unreasonableness established - Minister's decision set aside.
ERY19
Kim v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 583
Federal Court of Australia
Gleeson J
Migration law - Minister's delegate declined to revoke cancellation of applicant's Class BB Subclass 155 (Five Year Resident Return) visa - Administrative Appeals Tribunal affirmed delegate's decision - applicant sought judicial review - applicant contended Tribunal failed to take into account relevant consideration 'in addressing the extent of impediments' if he 'were removed' - Minister for Immigration and Citizenship v Buadromo [2012] FCAFC 101 - held: Tribunal erred by failure to consider impact of health of applicant 'as required by' cl 14.5(1)(a) Direction No. 79 - jurisdictional error established - judicial review application upheld - matter remitted.
Kim
CBI18 v Minister for Immigration & Anor [2020] FCCA 1018
Federal Circuit Court of Australia
Judge Heffernan
Migration law - Immigration Assessment Authority affirmed refusal to grant applicant a Safe Haven Enterprise (Class XE) (Subclass 790) Visa - applicant sought judicial review - whether Authority failed to consider 'relevant material' - ss473CB(1)(b), 473CC & 473DD(b) Migration Act 1958 (Cth) - held: Authority failed to consider relevant material consisting of letter which was provided by wife of applicant - letter was 'highly material' to applicant's claims - constructive failure to exercise jurisdiction established - jurisdictional error established - orders made for issuing of writs in nature of certiorari and mandamus.
CBI18
FJV18 v Minister For Home Affairs & Anor [2020] FCCA 1032
Federal Circuit Court of Australia
Judge Young
Migration law - Immigration Assessment Authority affirmed decision of Minister's delegate to refuse to grant applicant a Safe Haven Enterprise Visa - Authority not satisfied, for purpose of s5J(1) Migration Act 1958 (Cth) (Migration Act), there was 'real chance of persecution which relates to all areas of Pakistan' - Authority concluded applicant would not face real chance of persecution if 'relocated to Islamabad' - 'reasonableness of relocation' - question of relocation's reasonableness arising in relation to consideration of complementary protection, not the assessment of whether person is a refugee - CS17 v Minister for Home Affairs [2020] FCAFC 68 - s36(2B)(a) Migration Act - 'level of generality' of Authority's approach to relocation question - held: Authority did not discharge statutory task to examine material and to make findings concerning whether applicant and family, 'could as a matter of practical reality', relocate to Islamabad - jurisdictional error established - writs of certiorari and mandamus issued.
FJV18

Source: https://benchmarkinc.com.au/web/

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It was inevitable that COVID-19 would have a rippling effect on Australian Immigration.  With most of the workforce moving to a digital age (or working from home), or worse, being stood down or terminated, this leaves a question as to whether there is any room for Skilled Migration amidst the crisis.

Claims from various sources predict that migration numbers will fall sharply over the coming 12 months and that migration to Australia would have a bleak outlook.  Whilst there are certain merits to such claims (for example, the fact that the migration intake is being reduced) majority of States and Territories are still open for business. 

Why?

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Posted by on in General

THE NEGATIVES OF CATEGORY B ACTIVITIES

NEGATIVE NUMBER ONE: CATEGORY B TAKES LONGER TO COMPLETE

The thing about CPD points is this:  Category B points require agents to spend more time to achieve 1 CPD point.   Instead of spending 1 hour to achieve 1 CPD point as is the case with Category A activities, Category B points require an agent to spend 1.5 hours to get one CPD point.  That means if an agent is going to do 5 Category B points, then they are going to spend 7.5 hours to achieve 5 CPD points.   Not very attractive.  In comparison if an agent does 5 Category A points then it would only take them 5 hours to get 5 CPD points.

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As far back as May 2014 we covered a story on the best 'professional library' service for Migration Agents.

We are prompted to give our opinion on which professional library service we still think is best and most reliable for RMAs in 2020.   An email came in yesterday from a RMA, which has caused us to write another article on LexisNexis v LegendCOM professional library for RMAs

The email describes a situation where,with LexisNexis,  RMAs are sent the bill for the next subscription just prior to the subscription end date.  If the RMA doesn't want to renew, its too late.  Apparently, under the terms of the LexisNexis contract, an RMA should have given 90 days notice BEFORE the end of the contract year that they were not going to renew their LexisNexis subscription.  So, RMAs are effectively forced to pay for the coming year even though they advise LexisNexis prior to the expiry date, that you they do not want to renew. 
 
We don't believe many agents would be aware of the small print in the LexisNexis contract or be aware of this.

The winner for the most reliable service is still the DIBP's own government product, in our opinion is still LegendCOM.   It's also less expensive and more functional.  They also provide free training from time to time and a free help desk.  LegendCOM is produced on a cost-recovery basis only.

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