Australian Immigration Daily News

I know everyone out there is very understandably extremely concerned about the novel corona virus and its impacts on our ability to carry on work and normal day to day activities!! 

To all who read this, I wish you to stay well!!!

Amidst the cascade of scary news, I did want to bring to everyone's attention an important new decision from the Full Court, handed down yesterday that showed up today on the Federal Court's Website, Babar v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (2020) FCAFC 38 (12 March 2020).

12 March 2020

Today, AHPPC considered travel restrictions to additional countries and regions including Europe, and has advised that the current travel restrictions for people returning from mainland China, Iran, Republic of Korea and Italy are appropriate.

The Government will continue to follow the advice of AHPPC and will not be expanding travel restrictions at this time.

Based on the current global situation, further travel restrictions are unlikely to be of significant benefit in limiting community transmission of COVID-19 in Australia. The enhanced screening measures at the Australian border and strict isolation requirements have been effective in containing the virus and limiting community transmission.

If you are a Registered Migration Agent and you are booked in to attend a face-to-face CPD event then it is our recommendation that you contact your CPD provider if you pose a medium or high-risk for COVID-19 (Coronavirus).

Details from the Australian Government on this are as follows:

https://www.health.gov.au/sites/default/files/documents/2020/03/coronavirus-covid-19-information-for-universities-higher-education-and-vocational-education-facilities-their-students-and-staff-coronavirus-covid-19-information-for-universities-higher-education-and-vocational-education-fa.pdf

The instrument amends Migration (LIN 19/209: Arrangements for Certain Skilled and Temporary Graduate Visa Applications) Instrument 2019 (F2019L01401)

and

Migration (LIN 19/211: Arrangements for Skilled Employer Sponsored Regional (Provisional) Visa Applications) Instrument 2019 (F2019L01449) made under subregulation 2.07(5) of the Regulations, in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the AIA).

Even though almost no one is traveling right now due to the novel corona virus, it is still worthwhile to know about a recent decision of the Federal Circuit Court that relates to false answers on an outgoing passenger card: Dalla v Minister for Home Affairs & Anor (2020) FCCA 454 (3 March 2020).

We have seen from previous cases that giving an incorrect answer on an incoming passenger card - for example, failure to disclose a history of criminal convictions - can lead to visa cancellation.

The decision in Dalla takes this a step further: in this case, it was held that giving a false answer on an outgoing card, in this case, concerning the amount of Australian currency that was being taken out of the country - will also be considered a contravention of section 102 of the Migration Act (which requires that the information provided on a passenger card be accurate) and will therefore support cancellation under section 109.