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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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Is it “jurisdictional error” – and thus grounds for setting aside a Departmental decision to refuse a visa application – when a Departmental officer decides a visa application on the basis that she/he is “required” to take certain matters into account, when the applicable regulation only says that the officer “may” take the matters into consideration?

Does every jurisdictional error require that the underlying decision on the visa application be set aside?

Or does jurisdictional error only matter when it makes a material difference to the outcome of the visa application?

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Posted by on in General

 

 The Australian Dollar fell to a 6 year low US$70.37 as stock markets around the world have lost billions of dollars over the last 24 hours. This was first time the Aussie had traded below US$72c since the GFC back in 2009.

As well as Australia, markets in The USA, UK, Germany, France, Italy and Spain plummeted after China’s Shanghai Composite Index lost 8.5% yesterday – the country’s largest loss in eight years.

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Under what circumstances will Australia's protection obligations be “enlivened” under the Convention relating to the Status of Refugess (1951) (“the Refugees Convention”)?

Is it enough for a person to show that she/he is at risk of any period of detention at all if she/he were to return to her/his country of nationality or habitual residence?  In other words, can the simple possibility that a person may be detained for a period of time constitute “serious harm” within the meaning of the Migration Act, sufficient to warrant the grant of a protection visa?  Or is it necessary for there to be a more “granular” assessment of the circumstances relating to the circumstances that are feared by the claimant, and to analyse issues such as the frequency, length or conditions of the threatened detention in order to support a finding that the person will be subject to “serious harm”? And what if the person is taken into detention in an arbitrary manner, without regard to the procedural safeguards that must be observed in Australia and other Western countries?

These issues came before the High Court of Australia for consideration in two companion cases that were decided at the end of June of this year, Minister for Immigration and Border Protection v WZAPN and WZARV v Minister for Immigration and Border Protection  (2015) HCA 22 (17 June 2015).

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The role of the sc457 visa in filling the gap in trades jobs has been highlighted by NSW Skills Minister John Barilaro as half the nation’s young apprentices drop out of their training.

Mr Barilaro told The Australian that the crisis is likely to deepen with the average age of a tradesperson now being 40; a looming shortage of plumbers, electricians and builders; and the unwillingness of school-leavers to pursue trade skills.

“We’re paying the price of two or three decades of telling kids that trade jobs won’t get you a great lifestyle or income,’’ he said. “Parents are encouraging kids to go to uni instead.

“But for most tradies, they end up as entrepreneurs, running their own business.’’

According to The Australian, Mr Barilaro himself worked as a carpenter in the family business before entering politics.

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Here’s another reason to ensure your smartphone is properly charged-up before travelling to Australia. Labels for Australian visas won’t be issued from September 1. It’s a move designed to streamline visa processing and encourage digital service use, says the department of immigration.

Your passport or ImmiCard number will be the basis of identification and to determine if you hold a valid visa to enter or remain in Australia. DIBP announced that from 1 September 2015 visa holders will no longer be able to request and pay for a visa label. Visa holders can access their visa record through the free Visa Entitlement Verification Online (VEVO) service or the myVEVO mobile.

The DIBP advised that the visa grant letter should be retained and carried by visa holders as the information contained within the letter ‘will help check your visa status online’. Clearly the online status information will prevail. Last year, Vietnamese student Minh Duong was refused entry into Australia despite claiming to have a valid grant letter. DIBPs systems indicated that his visa had expired. Minh Doung was refused entry and had to return to Vietnam to make another visa application to continue his studies in Australia.

The DIBP insists that, “The practice of obtaining visa labels often resulted in unnecessary expenses, delays and inconvenience for clients and stakeholders. Offering these services digitally is an efficient, economical and sustainable solution.”

The departments statement said that electronic management of visa records is expected to provide real-time visa information to registered organisations and other appropriate stakeholders as well as visa holders themselves through the free Visa Entitlement Verification Online service or the myVEVO mobile app.  Airline staff use the Advance Passenger Processing system to confirm that a passenger has a valid Australian visa.

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