In the media

Australia's new immigration minister reveals visa priority Australia’s new Immigration Minister David Coleman has flagged a revamp of regional visas, saying some towns are begging for migrants. Currently, there are several visas available to migrants to fill skills shortages in rural and regional Australia (26 September 2018). More...

Government dumps farm labour visa plan The federal government has dumped plans for a new farm labour visa to fill a huge gap in the rural workforce. The National Farmers Federation and other groups have been urging the federal government to introduce a special agricultural visa, which would allow a greater flow of foreign workers for jobs such as fruit picking and packing (26 September 2018). More...

Malaysian visitors denied entry to Australia in crackdown on tourist visa abuse It is getting harder for genuine Malaysian tourists to enter Australia thanks to previous cases of people rorting the system. A spokesperson for the Department of Home Affairs confirmed Malaysia held the top spot for the most visa rorters, followed by China, USA, UK and India (24 September 2018). More...

'Someone has to stop him': Serial conman ripping off students again One of Australia's most notorious scam artists continues to run a business that rips off vulnerable students while he is out on bail appealing against his conviction and sentence. Jobs and the visas never eventuated and the Korean-born businessman refused to refund the students' money (21 September 2018). More...

Scott Morrison rejects AMA plea to bring children from Nauru to Australia Scott Morrison has rebuffed a plea from the Australian Medical Association (AMA) to change policy on Nauru, and bring families and children to Australia, saying he will not “put at risk any element of Australia’s border protection policy” (20 September 2018). More...

Senate committee says Dutton misled Parliament A Senate committee recommends the Upper House consider censuring Home Affairs Minister Peter Dutton after an inquiry into his handling of the au pair saga finds he misled Parliament (19 September 2018). More...

Fostering Integration Grants to help migrants succeed ​Not-for-profit organisations will be able to help migrants better integrate into Australian life, with applications for the Commonwealth Government's $5 million Fostering Integration Grant Program now open. The grants program will support the delivery of one-off projects and new or expanded initiatives that encourage economic and social participation of new arrivals (18 September 2018). More... More...

Company linked to alleged foreign bribery conspiracy received $2.5m Australian government contract A company linked to an alleged conspiracy to bribe foreign officials on Nauru received a $2.5m Australian government contract to build housing for refugees held on the island (17 September 2018). More...

Criminals faking Malaysian identities to obtain Australia visas Criminal syndicates are using counterfeiting networks in Malaysia to smuggle people into Australia, exploiting a relaxed visa agreement between the countries (16 September 2018). More...

Brisbane student accused of sending US radar equipment to Iran University of Queensland scholarship research student Reza Dehbashi Kivi is in custody facing extradition to the United States, accused of exporting military radar equipment to the Iranian Government (14 September 2018). More...

In practice and courts

Allegations concerning the inappropriate exercise of ministerial powers, with respect to the visa status of au pairs, and related matters: report Senate Legal and Constitutional Affairs References Committee; Parliament of Australia: 19 September 2018. The inquiry relates, in the first instance, to two interventions by the then Minister for Immigration and Border Protection, the Hon Peter Dutton MP, under section 195A of the Migration Act 1958 (the Act). More...

MARA disciplinary decisions Bangura, Amadu - Cancelled 18/09/2018. More... Ward, Gary - Cancelled 18/09/2018. More... Singh, Arash Barinder - Suspended 17/09/2018. More... Kuo, Man Kwong - Barred 14/09/2018. More...

Australian Bureau of Statistics Overseas Arrivals and Departures, Australia, Jul 2018 cat no. 3401.0 (17 September 2018). More...

Cases

CCJ17 v Minister for Immigration & Anor [2018] FCCA 2723MIGRATION – Administrative Appeals Tribunal – protection visa – whether the Tribunal failed to take into account corroborative evidence – whether the Tribunal’s credibility findings were such that the Tribunal could reject corroborative evidence out of hand – set aside.

Naeem & Ors v Minister for Immigration & Anor [2018] FCCA 2722MIGRATION – Administrative Appeals Tribunal – (Temporary) Work (Skilled) (subclass 457) – visa cancellation – applicants asking the Tribunal to defer its decision pending the determination by the Minister of the first applicant’s nomination approval application – the Tribunal deferring its decision for six months but determining the matter before the Minister had determined the nomination approval application – whether that was unreasonable in a legal sense – set aside.

CPA16 v Minister for Immigration & Anor [2018] FCCA 2700MIGRATION – Application for judicial review – protection application – Immigration Assessment Authority (IAA) – failure of Secretary to transmit all of the evidence before the delegate to the IAA – whether jurisdictional error where IAA did not have all of the relevant evidence before the delegate – finding that constitutional writs should issue. Migration Act 1958 (Cth), ss.473DD, 473BD, 473CB(1)(b), 473DA(2), 473DC.

CSC15 & Ors v Minister for Immigration & Anor [2018] FCCA 2694MIGRATION – Application to review decision of the Administrative Appeals Tribunal – whether Tribunal failed to make a finding on the Applicant’s claims or failed to comply with s.425 of the Migration Act 1958 (Cth) – whether the Tribunal decision was affected by legal unreasonableness.

AK16 v Minister for Immigration & Anor [2018] FCCA 2670MIGRATION – Application for review of AAT decision affirming decision of the delegate of the First Respondent – allegation by applicant that his application for a protection visa contained erroneous information caused by misinterpretation – adverse credibility findings made by AAT based upon inconsistencies between evidence given by applicant before tribunal and earlier application for protection visa – where evidence of applicant, as interpreted before AAT, given partly in first person but largely in third person – where impossible to establish whether interpreter put his own gloss upon the applicant’s answers – where lack of confidence that applicant had been afforded a fair hearing – where decision of AAT quashed.

ENZ17 v Minister for Immigration & Anor [2018] FCCA 2561MIGRATION – Migration Act 1958 (Cth) – Applicant arrived on Ashmore Island with his rights being affected by the decision in DBD16 v Minister for Immigration & Anor [2018] FCCA 1801 – Application in a Case for summary judgment by Applicant – matter treated on a final hearing basis – declaration made that the Applicant was not an “unauthorised maritime arrival” and decision of Immigration Assessment Authority quashed. Declaration that the purported appointment of a port as a proclaimed port, an area of waters within the territory of Ashmore and Cartier Islands, by notice published in the Commonwealth Gazette number GN 3 on 23 January 2002 is invalid.

CED16 v Minister for Immigration and Border Protection [2018] FCA 1451MIGRATION – protection visa – assessment by Immigration Assessment Authority – invalid s 473GB certificate – information in the invalid certificate was “new information” and should have been dealt with in accordance with s 473DE – failure to give particulars of information a jurisdictional error – mistaken treatment of information as protected confidential information was a further jurisdictional error; Migration Act 1958 (Cth).

EUB18 v Minister for Home Affairs [2018] FCA 1432PRACTICE AND PROCEDURE – application for interlocutory injunction requiring the provision to the applicant of urgent medical treatment – duty of care allegedly owed by respondents to applicant brought to Nauru under the Migration Act 1958 (Cth) – principles relevant to the grant of an interlocutory injunction – whether serious question to be tried – where the balance of convenience lies – injunction granted to require the respondents to transfer applicant to a location in Australia where she can be provided with urgent medical treatment.

NRND and Minister for Immigration and Border Protection (Migration) [2018] AATA 3601MIGRATION - discretion to refuse the application for a visa - Partner visa - whether the visa applicant is of good character - substantial criminal record - people smuggling - transportation of refugees - humanitarian crisis - Ministerial Direction No. 65 - protection of the Australian community - seriousness and nature of conduct - expectations of the Australian community - risk to community should conduct be repeated - decision set aside and remitted to the Minister. Administrative Appeals Tribunal Act 1975 (Cth); Migration Act 1958 (Cth).

Pizarro and Minister for Home Affairs (Migration) [2018] AATA 3517MIGRATION – revocation of cancellation of visa – exercise of discretion – decision set aside. Migration Act 1958, ss 197A, 499, 499(1), 499(2), 499(2A), 501, 501(3A), 501(3A)(a)(i), 501(3A)(b), 501CA, 501CA(1), 501CA(4), 501CA(4)(b)(i), 501CA(4)(b)(ii), 501CA(5), 501(6), 501(6)(c), 501(7), 501(7)(c) and 501(7)(d).

Minister for Immigration and Border Protection v Sabharwal [2018] FCAFC 160MIGRATION – appeal from single judge of the Federal Court of Australia – application for Skilled (Residence) Class VB visa – Minister found applicant failed character test and refused visa – whether primary judge erred in finding that Minister’s decision was vitiated by jurisdictional error – whether Minister’s reasoning as to risk of reoffending under s 501(6)(d)(i) was illogical or irrational, or whether failed to give proper, genuine and realistic consideration to the link between applicant’s alcohol consumption and offending – whether Minister overlooked, failed to consider or failed to give proper, genuine and realistic consideration to psychologist’s report in exercising discretion to refuse to grant a visa– appeal upheld.

Minister for Home Affairs v Buadromo [2018] FCAFC 151MIGRATION – appeal from orders by a judge of this Court – where primary judge made an order setting aside a decision of the Assistant Minister for Immigration and Border Protection (Assistant Minister) and an order remitting the matter to the Assistant Minister for redetermination in accordance with the law – where Assistant Minister’s decision made pursuant to s 501CA(4) of the Migration Act 1958 (Cth) and was a decision not to revoke a decision to cancel the respondent’s visa – where Assistant Minister appeals to this Court against the primary judge’s orders – whether the primary judged erred in finding that the Parliamentary Secretary had not given proper, genuine and realistic consideration to the respondent’s claims – whether the primary judge erred in concluding that there was no evidence to support the Parliamentary Secretary’s conclusion, or that the conclusion was otherwise illogical or irrational.

AVQ15 v Minister for Immigration and Border Protection [2018] FCAFC 133 MIGRATION – appeal from a judgement of the Federal Circuit Court of Australia – where the Refugee Review Tribunal (Tribunal) found that the appellant had provided inconsistent information in his statutory declaration and his oral claims to the Tribunal – where the appellant stated in his statutory declaration that it was a “summary” and “not an exhaustive statement” of his claims and that he will provide further information of his claims during his interview with a Departmental officer – where the Tribunal did not refer to the transcript of the interview between the appellant and a Departmental officer in its reasons for decision – whether the primary judge erred in failing to find that the Tribunal engaged in irrational or illogical reasoning, or constructively failed to exercise its jurisdiction, or failed to carry out its statutory tasks by failing to consider relevant information in concluding that the appellant had given inconsistent evidence – whether the primary judge erred in failing to find that the Tribunal constructively failed to exercise its jurisdiction, or failed to carry out its statutory tasks, by failing to consider information concerning prison conditions in Sri Lanka in concluding there was not a real risk that the appellant would be subjected to treatment constituting significant harm for the purposes of s 36(2)(aa) of the Migration Act 1958 (Cth) – Held: appeal allowed, with costs.

Legislation

Commonwealth

Regulation

Goods and Services Tax: Waiver of Tax Invoice Requirement (Visa Purchasing Card) Determination 201827/09/2018 - This determination repeals and replaces the Goods and Services Tax: Waiver of Tax Invoice Requirement (Visa Purchasing Card) Legislative Instrument (No. 2) 2008, and provides greater flexibility to card providers by allowing specified entities other than Visa International to collate the required GST information that is included in the electronic data files.

Social Security (Class of Visas – Newly Arrived Resident’s Waiting Period for Carer Payment) Determination 201826/09/2018 - This determination exempts holders of Subclass 116 (Carer) and Subclass 836 (Carer) visas from the Newly Arrived Resident's Waiting Period for carer payment.