Breaking Australian immigration news brought to you by Migration Alliance and associated bloggers. Please email help@migrationalliance.com.au
Will having a “checkered” immigration history prevent a person from becoming an Australian citizen?
Will living in Australia for more than 20 years as an unlawful non-citizen, working unlawfully, and not paying tax on earnings, cause a citizenship application to be refused?
What if the applicant ultimately does gain lawful status?
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Was the “regional processing arrangement” that was entered into by the Australian government with the government of Papua New Guinea within the lawful powers of the government?
That question was raised in a case that was brought in the High Court by an Iranian asylum seeker that was decided late last week, Plaintiff S195-2016 v Minister for Immigration and Border Protection (2017) HCA 31 (17 August 2017).
The background of this case was that the plaintiff entered the migration zone at Christmas Island on 24 July 2013 as an “unauthorised maritime arrival”, claiming to be a refugee.
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Is a case that appears hopeless necessarily hopeless?
We have seen in many cases over the last few years that the Department and the Minister (through exercise of personal powers not to revoke) have been engaged in a process of very routinely and broadly cancelling visas on character grounds, and that the bases on which such cancellation decisions can be challenged in Federal Court are really quite narrow.
So what about the following situation, described in a decision of the Federal Court that was handed down last week, Coker v Minister for Immigration and Border Protection, (2017) FCA 929 (15 August 2017):
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Due to the most recent announcement of the MIA to the effect that there is to be a new EGM on 8 September 2017 at 4pm EST, and the consequential clarification and unbundling of the previous proposals, the MIA has now made it necessary for a fresh proxy to be completed by RMAs.
What this means is that your previous proxies will have no effect, and if you wish to appoint me as your proxy, I have attached a link below to a fresh pre-filled proxy which you can adopt.
All you need to do is insert your personal details and address at the top of the page, and then sign and date it at the bottom, then scan it and send it back to me on This email address is being protected from spambots. You need JavaScript enabled to view it. .
The new proxy form is here:
Ross Ahmadzai, immigration lawyer and General Manager of Visacorp, has been caught up in the Barcelona terrorist attack and has reported in as SAFE.
Unfortunately the attack occurred right outside the Hotel Catolonia, where Ross is staying.
Some of you will remember that Ross has presented on 457 visas and TSS visas at the two most recent LTA conferences, both at Wesley Centre and Westpac's Arena in Sydney. (See pic)
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