Breaking Australian immigration news brought to you by Migration Alliance and associated bloggers. Please email help@migrationalliance.com.au
The following information has been released by the ACT in relation to the latest round of invitations issued for the ACT.
26 Invitations issued to 457 / 482 visa holders
145 invitations issued to Matrix nominating Critical occupations.
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State Goverment of South Australia has released the following information in relation to State Migration intake.
The Commonwealth Department of Home Affairs has provided a limited number of skilled and business visa nomination places to the Government of South Australia up until the Federal Budget is delivered on 6 October 2020.
Skilled migration
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The Migration Amendment (Hong Kong Passport Holders) Regulations 2020 (the Hong Kong Passport Holders Regulations) amend the Migration Regulations 1994 (the Migration Regulations) to implement policy changes relating to visas for Hong Kong passport holders, as jointly announced by the Prime Minister and the Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs on 9 July 2020.
The amendments extend temporary skilled and temporary graduate visas, for five years from 9 July 2020, to provide a new end date of 8 July 2025, if the primary visa holder held a Hong Kong passport when the visa was granted. Hong Kong passport is defined to mean a Hong Kong Special Administrative Region of the People’s Republic of China passport. These passports are available to citizens of the People’s Republic of China who are permanently resident in the Hong Kong Special Administrative Region. The visas of family members, who satisfied the secondary visa criteria, are also extended to 8 July 2025, regardless of the passport they hold.
Further information can be found here: https://www.legislation.gov.au/Details/F2020L01047/Download
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| XFCS v Minister for Home Affairs [2020] FCAFC 140 Full Court of the Federal Court of Australia Moshinsky, SC Derrington & Colvin JJ Migration law - Minister's delegate cancelled appellant's visa 'as required by' s501(3A) Migration Act 1958 (Cth) - Minister's delegate decline to revoke cancellation - Administrative Appeals Tribunal affirmed delegate's decision - O'Bryan J of the Federal Court of Australia dismissed appellant's judicial review application - appellant appealed - appellant contended primary judge erroneously failed to find Tribunal had 'ignored submissions advanced' on applicant's behalf in email sent by applicant's lawyer to Tribunal ('email submissions') - appellant also contended that primary judge erroneously failed to find that failure by Tribunal to consider the submissions was 'material to the outcome' of appellant's judicial review application - held: no error in decision of primary judge - appeal dismissed. XFCS |
| DXQ16 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1184 Federal Court of Australia Steward J Migration law - appellants claimed to be "stateless" - appellants were granted protection visas - Minister suspected appellants were not stateless but 'citizens of Iran' - appellants admitted they were not stateless - Minister's delegate cancelled appellants' visas under s109 Migration Act 1958 (Cth) (Migration Act) - Administrative Appeals Tribunal affirmed cancellation decision - Judge Street of Federal Circuit Court dismissed judicial review applications - appellants appealed - whether Tribunal 'had regard to' best interests of appellant's children 'as a primary consideration' - whether Tribunal erred in reliance on 'I.T.O.A. process' - s101 Migration Act - whether Court bound to follow decisions concerning what was decided in Teoh v. Minister for Immigration and Ethnic Affairs [1994] FCA 1017 - 'the Teoh ground' - held: Tribunal failed to have regard to children's best interests as a primary consideration - appeal allowed - matter remitted. DXQ16 |
| AUE16 v Minister for Immigration and Border Protection [2020] FCA 1168 Federal Court of Australia Bromberg J Migration law - Minister's delegate refused to grant appellant a protection visa - Tribunal affirmed delegate's decision - Judge Blake of Federal Circuit Court of Australian dismissed judicial review application - appellant appealed - whether failure to give 'meaningful consideration' of appellant's claim of 'fear of harm' - whether application of 'wrong test' - whether failure to consider integer of claim concerning appellant's brother - held: Tribunal failed to give meaningful consideration to claim of fear of harm of 'increased violence in the context of forthcoming elections in Pakistan' - appeal allowed. AUE16 |
Sourece: https://benchmarkinc.com.au/web/
The deregulation of the migration advice profession, and in particular the fact that lawyers (with an unrestricted practising certificate) will be unable to register as RMAs is creating fertile ground for speculation that Lawyers are out to "get" RMAs.
Keeping in mind the proposals advanced by the Law Council I think it is fair to say that the horse has bolted a long time ago, and the Law Council proposals have no hope of being implemented. The attempt to in effect curtail the matters that RMAs can handle (AAT) is too little too late.
RMAs are well established and have a great record of compliance with the Code of Conduct.
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