Australian Immigration Daily News

Migration (IMMI 18/063: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2018

Migration (IMMI 18/063: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2018: This instrument operates for the purposes of paragraph 5.36(1A)(a) of the Migration Regulations 1994 (Regulations), for the Minister to specify foreign currencies, their ISO codes and their relevant exchange rates in relation to the Australian Dollar.

The instrument is used to assist in the working out of the amount of payment of a fee, as defined in subregulation 5.36(4) of the Regulations (other than a visa application charge (VAC) payment to which subregulation 5.36(3A) of the Regulations applies) under regulation 5.36 of the Regulations.

A disallowance motion which was moved by Senator McKim has been agreed to in the Senate.  The Senate divided and there was a majority vote of one (1) in favour of the disallowance motion.

The motion says that removing the concessional application fees for Australian citizenship for migrant pensioners, widows, veterans and some others is not appropriate.  Those in favour of the disallowance motion stated that removing the concessional fees was unfair, unnecessary and mean-spirited.

Source: Senate-Concessional-Fees-for-Australian-Citizenship-motion.PDF

The instrument operates to specify the approved forms and the place and manner for making an application for the following classes of visa:

a) Investor Retirement (Class UY) visa;
b) Retirement (Temporary) (Class TQ) visa;
c) Temporary Work (Short Stay Specialist) (Class GA) visa;
d) Temporary Work (International Relations) (Class GD) visa;
e) Temporary Activity (Class GG) visa; and
f) Training (Class GF) visa.

The purpose of the instrument is to specify, for a person making an application for a Temporary Work (International Relations) (Class GD) visa and that person is seeking to satisfy the criteria in the Pacific Labour Scheme stream, that:

a) the application must be made as an internet application; or
b) if authorised by an officer of the Department, the application may be made by lodging a Form 1403 in accordance with the directions in the email, by the end of the following day after the date that the authorising email was sent.

The Full Court of the Federal Court has invalidated a policy that prohibited all persons who are being  held in immigration detention from having mobile phones or SIM cards.

The Court’s decision to overturn the policy was made in a ruling that was handed down on 22 June 2018 in the case of ARJ17 v Minister for Immigration and Border Protection (2018) FCAFC 98.

The policy had its origins in a note that was prepared by the Australian Border Force in early 2016. This minute noted that while a policy was then in force prohibiting all “illegal maritime arrivals” from having and using mobile phones, that policy did not extend to other persons in detention. 

Please be aware that only the DHA has been allocated time at the public hearing for inquiry into review processes associated with visa cancellations. No other witnesses are called.

Representatives of the Department of Home Affairs will discuss visa cancellation processes and review mechanisms when the Joint Standing Committee on Migration holds a public hearing as part of its inquiry into review processes associated with visa cancellations made on criminal grounds.

The inquiry is examining issues including the efficiency of existing review processes as they relate to decisions made under section 501 of the Migration Act; present levels of duplication associated with the merits review process; and the scope of the Administrative Appeals Tribunal’s jurisdiction to review ministerial decisions.