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Migration Newsletter 754 by Lewis & Bollard
Migration Newsletter 754 has been released and makes excellent reading:
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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Federal Court decision summaries December 2019
| DKT16 v Minister for Immigration and Border Protection [2019] FCAFC 208 Full Court of the Federal Court of Australia Davies, Moshinsky & Snaden JJ Migration law - Minister's delegate refused appellant's application for a protection (class XA) visa - Refugee Review Tribunal affirmed delegate's decision - Federal Circuit Court of Australia dismissed judicial review application - whether to grant leave to appeal on proposed ground, not raised before Federal Circuit Court, that Tribunal had failed to consider risks which appellant 'faced cumulatively as an HIV-suffering widow' - whether Tribunal considered whether there was 'real risk' of appellant being subjected to "extreme humiliation" - whether Tribunal misconstrued “significant harm” or “degrading treatment or punishment” under ss36(2)(aa) & 36(2A)(e) Migration Act 1958 (Cth) - held: leave to raise ground of appeal dismissed - appeal dismissed. DKT16 |
| Secretary, Department of Home Affairs v CCA19 [2019] FCAFC 209 Full Court of the Federal Court of Australia Allsop CJ, Robertson & Moshinsky JJ Migration law - primary judge found 'two or more treating doctors for' respondent had notified Secretary that respondent was a 'relevant transitory person' under s198E(1) Migration Act 1958 (Migration Act) - primary judge was also satisfied to order Secretary to notify Minister that respondent was a relevant transitory person - whether primary judge erred in finding doctors were 'treating doctors' - construction of s198E Migration Act - definition of 'treating doctor' in s198E(7) Migration Act - whether a treating doctor must 'have direct personal interaction with' a transitory person 'in assessing' that person 'either remotely or in person' - held: appeal dismissed. Secretary, Department of Home Affairs |
| CAQ17 v Minister for Immigration and Border Protection [2019] FCAFC 203 Full Court of the Federal Court of Australia Mortimer, Derrington & Steward JJ Migration law - appellants were mother, father and three children - Minister's delegate refused to grant ppellants protection visas - Immigration Assessment Authority affirmed delegate's decision - Federal Circuit Court of Australia dismissed judicial review application - whether Authority erred in not being satisfied there were 'exceptional circumstances' justifying receipt of submissions of 'asserted new information' on second applicant's behalf - "new information" - s473DD(a) Migration Act 1958 (Cth) - held: appeal dismissed. CAQ17 |
| CPE16 v Minister for Immigration and Border Protection [2019] FCA 2007 Federal Court of Australia Jagot J Migration law - Minister's delegate refused to grant appellant a Safe Haven Enterprise Visa (SHEV) - Immigration Assessment Authority affirmed delegate's decision - Federal Circuit Court of Australia dismissed judicial review application - whether Authority's consideration of applicant's claims miscarried - whether Authority failed to consider 'risk of harm' to appellant arising from appellant's travel for his 'petrol selling business' - whether, if Authority erred, error was material - ss5J(1) & 36(2B)(a) Migration Act 1958 (Cth) - held: appeal allowed. CPE16 |
Source: Benchmark https://benchmarkinc.com.au/web/
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ETS introduces MyBest® scores, a new score concept for the TOEFL iBT® test
The TOEFL iBT® test has launched a new score concept, MyBest™ Scores, to give institutions and agencies a more complete view of an applicant’s English language skills. MyBest Scores are the combination of the highest scores achieved on each section (Listening, Speaking, Reading and Writing) and a total score that is the sum of the MyBest section scores. MyBest scores are drawn from all valid TOEFL iBT scores in the last two years.
From August 1, 2019, all TOEFL iBT ® score reports automatically include both scores from a single test date and MyBest scores.
TOEFL® test takers have welcomed this initiative, because it shows their best overall test performance across multiple tests.
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APPLY4STUDY – NOV/DEC 2019
Another fun filled and exciting month at Apply4Study. Between Halloween and Christmas, this month marks the perfect timing for some action filled brainstorming and social interaction.
On 15 November 2019, we had the amazing opportunity to be at the Migration Alliance Conference 2019. With over 750 Registered Migration Agents in attendance (both in person and via live stream) this event is marked as the biggest migration industry related event of the year. We got a great opportutiy to connect with the Registered Migration Agents and other industry associates. We even did a lucky draw and handed over gifts to 3 winners. Congratulations to Migration Alliance Founder Ms Liana Allan for the great day full of knowledge sharing sessions and industry networking.
In November 2019, Apply4Study was appointed as the Official Representative of the Australian Institute of Music (AIM) for the recruitment of International students into its courses. AIM has been in the industry for the past 50 years and is one of the largest tertiary music institution offering both undergraduate and postgraduate programs in Sydney and Melbourne Australia. AIM’s representatives visited our office at Auburn and met with our CEO Mr GD Singh, Vice President – Corporate Strategy and Development Ms Jane Campbell and our team members for an interactive information session.
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Capstone Preparation Programme pays off for participants
Migration Alliance has received positive feedback from participants in the LTA Capstone training program. The latest feedback comes from a Capstone exam participant in Darwin:
Hi
I have successfully passed the Capstone written assessment and will soon sit the oral assessment on the 16th of Dec. Even though I haven't passed my oral exam yet, I just want to say thank you for your workshop on 20th October.
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