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.