In the media
Migrant crisis: Over 10,000 asylum seeker children
missing, Europol says
Over 10,000 unaccompanied asylum seeker children have
disappeared in Europe, the EU police agency Europol says, fearing
many have been whisked away into sex trafficking rings or the slave
trade (01 February 2016).
More...
Steering the Refugee Dialogue from Risk to
Opportunity
The Young Global Leaders (YGL) of the World Economic
Forum met at a Roundtable in Davos on Friday. Coordinated by
Professor Jane McAdam and four other YGLs, participants discussed
how to shift the refugee conversation towards opportunity and away
from risk (28 January 2016).
More...
Human Rights Watch World Report 2016: Australia
criticised
Australia has been issued with a stinging rebuke for
failing in many areas including indigenous health, disability
rights and foreign policy, not to mention the introduction of tough
new counter-terror laws and "appalling" treatment of
refugees and asylum seekers (28 January 2016).
More...
Human Rights Watch urges Australian Government to
rethink 'abusive' policies on asylum seekers,
refugees
The Australian Government has been urged to rethink its
"abusive" policies on asylum seekers and refugees, with
an international human rights organisation highlighting its
"failure to respect international standards" (28 January
2016).
More...
Immigration to visit south-west NSW
Immigration officers will visit Griffith in south-west
NSW on 28 January to provide immigration information to people who
have overstayed their visas (27 January 2016).
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Australian Business Calls for More Intake of Syrian
Refugees
Many Australian business leaders have urged the Federal
government to increase the intake of Syrian refugees in the
country. This follows an ongoing visit of an Australian business
delegation at the Syrian refugee camps in Turkey and Lebanon (27
January 2016).
More...
Leading doctor challenges PM over 'torture-like
conditions' at detention centres
One of Australia's leading doctors is challenging the
Prime Minister to prosecute him for speaking out about what he
calls "torture-like conditions" in offshore detention
centres (26 January 2016).
More...
In practice and courts and publishing
Immigration Rules Relaxed to Promote Innovation
Australian Prime Minister has made two major initiatives
in Australia's immigration policy. Now students studying the
STEM (Science, Technology, Engineering and Mathematics) and ICT
(Information and Communication Technology) have a way to apply for
permanent residence in Australia. There is also a new Entrepreneur
Visa introduced that will be implemented from December 2016 (29
January 2016).
More...
MARA Disciplinary Decisions
Scheelings, Bernard Matthew - Cautioned - 22 January
2016.
More...
Upcoming education and events
Law Council of Australia - 2016 CPD Immigration Law Conference (Melbourne) 4-5 March 2016.
Immigration Essentials for Lawyers (Melbourne) 16.03.2016.
Immigration Essentials for Lawyers (Sydney) 27.04.16- 29.04.16.
Current Senate Inquiries - Legal and Constitutional Affairs Legislation Committee
Migration Amendment (Charging for a Migration Outcome) Bill 2015 [Provisions].
Migration and Maritime Powers Amendment Bill (No.1) 2015 [Provisions].
Migration Amendment (Complementary Protection and Other Measures) Bill 2015.
Migration Legislation Amendment (Cessation of Visa Labels) Bill 2015.
Inquiry into possible false or misleading evidence given to the former Nauru Select Committee.
Cases
Casenote: CPCF v Minister for Immigration and Border
Protection [2015] HCA 1
28/01/2015 - By a narrow 4:3 majority, the High Court of
Australia has held that Australia's detention of 157 Tamil
asylum seekers at sea was not contrary to Australian law. The
decision turned on the scope of powers conferred on Australian
officials under the Maritime Powers Act, and the legality
of their actions under that statute. The judges did not engage in
any detailed analysis of international refugee law. Instead, they
focused squarely on the construction of an Australian statute, and
the Australian government's powers pursuant to it.
More...
AZAEF v Minister for Immigration and Border
Protection [2016] FCAFC 3
MIGRATION – appeal from a decision of the Federal
Circuit Court – application by an infant child and her
half-brother for protection visas – where the appellant and
her half-brother made separate claims of persecution – where
the independent protection assessor rejected the claims as he did
not believe the half-brother's evidence – whether the
primary judge erred in not holding that the assessor was obliged to
give notice to the appellant or her guardian that he did not
believe the half-brother's evidence – whether the primary
judge erred in not holding that the Minister breached his duties to
the appellant by not taking steps to investigate and obtain
material in relation to the appellant – whether the primary
judge erred in not finding that the assessor made inconsistent
findings of fact. Held: Appeal allowed. More...
1419015 (Migration) [2016] AATA 3075
PRACTICE AND PROCEDURE - application for reconstitution
of Tribunal under s 19D(2)(a)(iii) of the Administrative
Appeals Tribunal Act 1975 (Cth) - after hearing of a
proceeding commences and before the Tribunal determines the
proceeding - matter capable of being advanced as basis for
application for member's recusal - asserted basis not
sufficient for reconstitution - direction that Tribunal remain as
constituted - Tribunals Amalgamation Act 2015 (Cth) -
Administrative Appeals Tribunal Act 1975 (Cth), ss 2A,
19A, 19D, former 21A. More...
1514854 (Migration) [2016] AATA 3059
DECISION: The Tribunal remits the application for a
Visitor (Class FA) visa for reconsideration, with the direction
that the visa applicant meets the following criteria for a Subclass
600 (Visitor) (Class FA) visa. More...
1513322 (Migration) [2016] AATA 3058
DECISION: The Tribunal remits the application for a
Visitor (Class FA) visa for reconsideration, with the direction
that the visa applicant meets the following criteria for a Subclass
600 (Visitor) (Class FA) visa. More...
1509119 (Migration) [2016] AATA 3049
DECISION: The Tribunal remits the applications for
Skilled — Designated Area-sponsored (Provisional) (Class UZ)
visas for reconsideration, with the direction that the first named
visa applicant meets the following criteria for a Subclass 496
(Skilled — Designated Area-sponsored (Provisional))
visa. More...
1417259 (Migration) [2016] AATA 3030
DECISION: The Tribunal remits the applications for a
Temporary Work (Long Stay Activity) (Class GB) visa for
reconsideration, with the direction that the first named applicant
meets the following criteria for a Subclass 401 visa. More...
Legislation
Commonwealth
Migration Regulations 1994 - Eligible Education
Providers and Educational Business Partners 2016 - IMMI
16/003
21/01/2016 - This instrument specifies eligible education
providers and education providers as education business partners
for Subclass 572, Subclass 574 and Subclass 575. More...
Acts
Migration (Visa Application) Charge Act
1997
Act No. 26 of 1997 as amended, taking into account
amendments up toStatute Law Revision Act (No.
2)2015 - An Act to impose a charge in respect of
applications for visas (28 January 2016). More...
Migration Agents Registration Application Charge Act
1997
Act No. 203 of 1997 as amended, taking into account
amendments up to Statute Law Revision Act (No. 2)2015. An
Act to impose charge on applications by individuals for
registration as migration agents (28 January 2016). More...
Migration (Health Services) Charge Act
1991
Act No. 197 of 1991 as amended, taking into account
amendments up to Statute Law Revision Act (No. 2)
2015. An Act to impose on persons a charge on the granting
of certain visas and entry permits Administered by: Immigration and
Border Protection (28 January 2016). More...
Bills update
Migration Amendment (Complementary Protection and Other
Measures) Bill 2015
On 15 October 2015, the Senate referred the Migration
Amendment (Complementary Protection and Other Measures) Bill 2015
[Provisions] be referred immediately to the Legal and
Constitutional Affairs Legislation Committee for inquiry and
report. The closing date for submissions is 26 November 2015.
The reporting date is 18 February 2016.
More...
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