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Australian Immigration Daily News

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The Morrison Government is welcoming a surge of International Students and Backpacker visa applications and arrivals since our announcement last month of visa fee refunds. Nearly 13,500 International Students arrived in Australia last week alone – a 33% increase on the week prior. Around 80,000 International Students have arrived since late 2021.

And 1,000 Backpackers arrived in Australia last week, with nearly 35,000 Working Holiday Maker visas approved since November 2021, so there are many more to come. International education supports 240,000 Australian jobs and contributed almost $38 billion to the Australian economy in 2018-19. The Working Holiday Maker program is worth $3.1 billion to the Australian economy, with backpackers filling vital workforce shortages while spending more of their time and money in regional Australia.

Source: Open-for-Business.pdf

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The latest Migration Agents Activity Report has been published on the OMARA website today: Migration Agents Activity Report - 01 July to 31 December 2021 (mara.gov.au)

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The Bill introduces amendments to allow for discretionary visa refusal or cancellation where a non-citizen has a conviction for a designated offence punishable by at least two years' imprisonment.

Designated offences include violent and sexual crimes, breaching personal protection orders like AVOs, using or possessing a weapon, or assisting with any of these crimes.

An Australian visa is a privilege that should be denied to those who pose a threat to the safety of Australians. It should not be easier to deport an international sports star than a convicted criminal. That's why this Bill broadens existing discretionary powers to cancel and refuse visas under the "character test".

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XJLR v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCAFC 6
Federal Court of Australia Full Court
Rares, Yates and Snaden JJ
Migration law - visa - cancellation - character grounds - criminal offending - prior cancellation under s501(3A) of Act - earlier decision by Delegate of Minister under s501CA(4)(b) of Migration Act 1958 (Cth) to revoke cancellation - later attempt to effect cancellation a second time under s501(3A) of the Act when read with s33(1) of the Acts Interpretation Act 1901 (Cth) - cancellation by reference to same offending - not permissible - "duty cannot be exercised more than once in respect of the same failure to pass the character test in s501(3A)(a)" - jurisdiction and powers of Delegate, Minister and Tribunal - principle in Collector of Customs (NSW) v Brian Lawlor Automotive Pty Ltd - appeal stood over for further orders.
XJLR
Pham v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 38
Federal Court of Australia
Middleton J
Migration law - visas - application to add dependent children to a Contributory Parent visa application - whether Minister had made an earlier determination that the children were validly added - whether Minister erred in later departing from earlier determination - Judge Egan, of Federal Circuit Court of Australia, dismissed application for judicial review - primary judge erred in not finding earlier determination - later determination without power - reg 2.08A(1)(a)-(da) does not require Minister to be satisfied that children are indeed dependents - regulation contains objective criteria including provision of written claim of dependent status by primary applicants - dependent status to be determined at merits stage under Sch 2 of Regulations - appeal allowed.
Pham
CHVS v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] FCA 34
Federal Court of Australia
Kerr J
Migration Law - cancellation - decision by Tribunal that no jurisdiction - protection visa - second decision by Tribunal that no jurisdiction - extension of time sought for judicial review of both decisions - judicial review ultimately pressed with respect to first decision - Tribunal without jurisdiction on different basis from that given - Notification earlier given pursuant to s501CA(3)(b) of the Migration Act 1958 (Cth) invalid - requirements of reg 2.52(2)(b) of the Migration Regulations - retroactive effect of more recent Full Federal Court decisions - significance of Minister seeking special leave to appeal - application dismissed.
CHVS
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The Code of Conduct webpage has been updated and now has links to the guidance document and the key changes between the current Code and new Code: Code of conduct (mara.gov.au) 

A second guidance document will be soon be developed and then published.

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