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Recent blog posts

Warning About Passenger Cards!

Posted by Michael Arch on Wednesday, 11 March 2020 in General

Even though almost no one is traveling right now due to the novel corona virus, it is still worthwhile to know about a recent decision of the Federal Circuit Court that relates to false answers on an outgoing passenger card: Dalla v Minister for Home Affairs & Anor (2020) FCCA 454 (3 March 2020).

We have seen from previous cases that giving an incorrect answer on an incoming passenger card - for example, failure to disclose a history of criminal convictions - can lead to visa cancellation.

The decision in Dalla takes this a step further: in this case, it was held that giving a false answer on an outgoing card, in this case, concerning the amount of Australian currency that was being taken out of the country - will also be considered a contravention of section 102 of the Migration Act (which requires that the information provided on a passenger card be accurate) and will therefore support cancellation under section 109.

...

Continue reading Last modified on Wednesday, 11 March 2020

Coronavirus (COVID-19) notice - Federal Court of Australia

Posted by Migration Alliance on Tuesday, 10 March 2020 in General

The following notice has been sent by the Federal Court of Australia today:

The Federal Court has been monitoring the Government’s announcements and advice concerning COVID-19 and its management, to ensure that arrangements are in place to mitigate any adverse impacts on our people and operations.

The Court is following the advice of the Commonwealth to focus on the minimisation of the spread of the virus in the community.
...
Continue reading Last modified on Tuesday, 10 March 2020

WOOD: Transcript of Address at the 2020 Immigration Law Conference, Park Hyatt, Melbourne

Posted by Migration Alliance on Tuesday, 10 March 2020 in General

From a speech by the Hon Jason Wood MP:

The Australian Government, through the Office of the Migration Agents Registration Authority (OMARA) in the Department of Home Affairs, regulates the migration advice industry in Australia. As you would know, it is illegal to provide immigration assistance in Australia unless registered as a migration agent with OMARA.

Only Registered Migration Agents––and exempt persons under the Migration Act––can lawfully provide immigration assistance within Australia.

...

Continue reading Last modified on Tuesday, 10 March 2020

MORRISON, PAYNE, HUNT: Update on Coronavirus (Covid-19) in Australia - National Security Committee of Cabinet agreed to introduce new travel restrictions, update travel advice & implement new screening measures as part of measures

Posted by Migration Alliance on Thursday, 05 March 2020 in General

The Australian Government fs highest priority remains the wellbeing and safety of Australians.

These actions are based on advice that the volume of reported COVID ]19 cases in the Republic of Korea, and the scale of travel to Australia from the Republic of Korea, means that they present a high risk of further transmission of COVID ]19 in Australia.

Therefore, screening measures alone would not be sufficient for the Republic of Korea. For arrivals from Italy, we will implement enhanced health screening and temperature testing arrangements.

These measures are part of our ongoing strategy of containment and minimising risk to the Australian community as detailed in our pandemic preparedness plan.

Source: Press-Release-Update-on-Coronavirus-5-March-2020.pdf

Last modified on Thursday, 05 March 2020

DEPT OF HOME AFFAIRS: Migration (LIN 20/103: Subclass 417 (Working Holiday) Visa-Regional Australia and Specified Work) Instrument 2020

Posted by Migration Alliance on Thursday, 05 March 2020 in General

The instrument repeals the Migration (IMMI 17/018: Working Holiday Visa – Specified Work and Regional Australia) Instrument 2017 (IMMI 17/018) (F2017L01032), also made under the same definitions in subitem 1225(5) of Schedule 1 to the Regulations 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 specify areas of regional Australia and kinds of specified work for the definition of those terms in subitem 1225(5) of Schedule 1 to the Regulations, for the purposes of Working Holiday (Temporary) (Class TZ) visa. Paragraphs 417.211(5)(a) and 417.211(6)(a) of Schedule 2 to the Regulations require that applicants for a second or third Subclass 417 (Working Holiday) visa (Subclass 417 visa) within Class TZ to have carried out a period or periods of specified work in regional Australia.

Source: LIN20103.pdf and LIN20103-Explanatory-Statement.pdf

Last modified on Thursday, 05 March 2020