Australian Immigration Daily News

The instrument amends Migration (LIN 19/209: Arrangements for Certain Skilled and Temporary Graduate Visa Applications) Instrument 2019 (F2019L01401)

and

Migration (LIN 19/211: Arrangements for Skilled Employer Sponsored Regional (Provisional) Visa Applications) Instrument 2019 (F2019L01449) made under subregulation 2.07(5) of the Regulations, in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the AIA).

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.

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.

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Continue reading Last modified on Tuesday, 10 March 2020