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Australian Immigration Daily News

Breaking Australian immigration news brought to you by Migration Alliance and associated bloggers. Please email help@migrationalliance.com.au

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Fualau v Minister for Home Affairs [2020] FCAFC 11
Full Court of the Federal Court of Australia
Murphy, Davies & O'Bryan JJ
Migration - first respondent's delegate declined to revoke mandatory cancellation, under s501(3A) Migration Act 1958 (Cth), of applicant's Special Category Temporary (Subclass 444) visa - Tribunal affirmed delegate's decision - primary judge dismissed judicial review application - applicant, under r36.05 Federal Court Rules 2011 (Cth), sought extension of time to appeal - appellant contended primary judge erroneously failed to find Tribunal had not accorded procedural fairness to him - explanation for delay - prospects of success - whether utility in granting extension of time - held: extension of time to appeal refused.
Fualau
Nguyen v Minister for Home Affairs [2020] FCA 127
Federal Court of Australia
Banks-Smith J
Migration law - Minister's delegate declined to revoke mandatory cancellation, under s501(3A) Migration Act 1958 (Cth), of applicant's Class BB Subclass 155 - Five Year Resident Return visa - Tribunal affirmed delegate's decision - applicant sought review - applicant contended Tribunal failed to complete statutory task by failure to consider his submission that Prisoners Review Board of Western Australia (Board) granted him parole under Sentence Administration Act 2003 (WA) ('Parole Decision') - applicant contended that Parole Decision was e 'drawn to the Tribunal's attention' in 'statement of facts, issues and contentions' ('SOFIC') but that Tribunal had not referred to it - held: material error by Tribunal established - Tribunal's decision set aside.
Nguyen
AEJ17 v Minister for Immigration & Anor [2020] FCCA 261
Federal Circuit Court of Australia
Judge McNab
Migration law - first respondent's delegate refused to grant applicant a Temporary Protection Visa (class XD) (subclass 785) - Authority affirmed delegate's decision - applicant sought judicial review under s476(1) Migration Act 1958 (Cth) - whether Authority failed adequately to consider whether it was 'reasonably practicable' for applicant to return to Kabul - s36(2B) Migration Act 1958 (Cth) - held: Authority failed in 'review function' under s473CC Migration Act due to its failure to properly consider reasonableness of applicant's return to Kabul - material error established - Authority's decision set aside.
AEJ17

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

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The 37 year-old man was apprehended during the execution of a warrant by ABF Field Operations officers on a home unit inthe inner suburb of Carlisle yesterday (Thursday, 20 February).

The man, who is in Australia without a valid visa, is the director of a construction company which has allegedly been hiring foreign nationals who do not have work rights in Australia.It’s alleged he has withdrawn more than $5.5 million in cash from a number of business bank accounts in recent years, with more than $1 million being remitted offshore to China.

He has been placed in immigration detention pending his removal from Australia.

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Terms of Reference for the Inquiry:

To inquire into and report on:

Nationhood, national identity and democracy, with particular reference to:

a. the changing notions of nationhood, citizenship and modern notions of the nation state in the twenty first century;

b. rights and obligations of citizenship, including naturalisation and revocation, and the responsibility of the state to its citizens in both national and international law;

c. social cohesion and cultural identity in the nation state;

d. the role that globalisation and economic interdependence and economic development plays in forming or disrupting traditional notions of national identity;

e. contemporary notions of cultural identity, multiculturalism and regionalism;

f. the extent to which nation states balance domestic imperatives and sovereignty and international obligations;

g. comparison between Australian public debate and policy and international trends; and

h. any other related matters.

The committee has published a discussion paper to guide submitters with regard to the above terms of reference.

Source: Nationhood-national-identity-and-democracy.pdf

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The National Security Committee of Cabinet has today decided that the continuing coronavirus infections in mainland China make it necessary to continue the travel restrictions on foreign nationals entering Australia for a further week to 29 February.

This decision, as with all decisions taken by the Government with respect to the coronavirus outbreak, has been guided by the expert medical advice of the Australian Health Protection Principal Committee, made up of the Commonwealth’s Chief Medical Officer and chief medical officers from each state and territory.

The committee has advised that there are signs the spread of the coronavirus in Chinese provinces outside Hubei province is slowing. We will need to watch closely whether this positive trend continues as people return to work after the holidays.

Source: Continuing-travel-ban-20-Feb-2020.pdf

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Australia’s health care system is among the best in the world, but it’s complicated and can be confusing for visitors to navigate. 

Migration agents play a pivotal role in explaining the health system to newcomers, helping them decide which private health insurance provider and plan to choose, answering any questions they have, and discussing any concerns about accessing health care in Australia and the costs associated with this.

In this article we’ve broken down how health care is delivered in Australia to make it easier for you to guide your clients through this complicated topic and arm them with the knowledge they need.

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