New Visa Scheme for Australia
The Government tasked the Department of Immigration and Border
Protection with transforming Australia's visa system to make it
easier to understand, easier to navigate and more responsive to our
economic, social and security interests. The visa system is highly
complex, with 99 individual visa types. The Department is seeking
submissions on visa simplification. The Department has released a
policy
consultation paper to support stakeholders in developing their
response. Due 15 September 2017. More...
Bui and Minister for Immigration and Border Protection
(Migration) [2017] AATA 1330
MIGRATION – application for revocation of mandatory
cancellation of visa – character grounds – substantial
criminal record – applicant convicted of cultivating narcotic
plant in a quantity not less than a commercial quantity –
applicant convicted of possessing drug of dependence – total
term of imprisonment of two years and nine months –
applicant's offending of a serious nature but on lower end of
seriousness scale – low risk of harm to Australian community
– revocation of mandatory cancellation in best interests of
applicant's grandchildren – Australian community would
expect applicant be given a second chance – applicant has
strong ties to Australia – decision under review set aside
and substituted with decision revoking mandatory cancellation.
Migration Act 1958 (Cth); ss.499, 501 & 501CA.
Silva and Minister for Foreign Affairs [2017]
AATA 1285
PASSPORTS – application for Australian child passport –
refusal of parental consent by one parent – child an
Australian citizen living in Indonesia – child's physical
or psychological welfare adversely affected – custody
considerations – foreign court orders – application of
Minister's Determination regarding special circumstances
– consideration of Child Abduction Convention –
consideration of Convention on the Rights of the Child –
consideration of International Covenant on Civil and Political
Rights – child's physical and psychological welfare will
be adversely affected if not permitted to travel internationally
– decision under review set aside and substituted with
decision to grant passport. Australian Passports Act 2005;
ss.6, 7, 11 & 50; Australian Passports Determination
2015; s.10. Family Law (Child Abduction Convention)
Regulations 1986; Sch 2.
Bills Progress: Australian Citizenship Legislation Amendment
(Strengthening the Requirements for Australian Citizenship and
Other Measures) Bill 2017
Senate: Introduced and read a first time 15 August 2017; Second
reading moved 15 August 2017
Amends the: Australian Citizenship Act 2007 in relation
to: strengthened citizenship requirements, including in relation to
permanent residency and English language proficiency; the
definition of 'spouse' and 'de facto partner';
citizenship by adoption; automatic acquisition of citizenship;
citizenship by conferral; residence requirements for citizenship;
good character requirements; bar on approval for citizenship where
there are related criminal offences; offence provisions; mandatory
and discretionary cancellation of approval of citizenship;
ministerial discretion to delay the making of the pledge of
allegiance; increase in the maximum period of deferral for making
the pledge of allegiance; revocation of citizenship by descent,
conferral or under intercountry adoption arrangements; ministerial
power to make legislative instruments; use and disclosure of
personal information; and consequential amendments; and
Migration Act 1958 to enable the use and disclosure of
personal citizenship information.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.