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Inside track: Immigration

14 September 2021

#Immigration Law

Inside track: Immigration

In the media

Statement in relation to Department of Home Affairs’ Partner visa processing
The Partner program is by far the largest component of the Family stream, usually making up around 80 per cent of the program, and for program years 2020-21 and 2021-22 constituting 94 per cent. All visa applications are assessed on their merit against criteria set out in the Migration Act 1958 and Migration Regulations 1994, and in accordance with relevant Ministerial Directions and procedural instructions (05 September 2021).  More...

In practice and courts and publishing

Important information for travel outside Australia for three months or longer
Until 7 September 2021, travellers who arrive at the airport without an exemption, will be allowed to travel if their status as ordinarily resident overseas can be confirmed by an ABF officer at departure. These travellers will be advised that for future travel they will need to apply for an exemption in advance through the travel exemptions portal.

Cases

Teklehaymanot and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Citizenship) [2021] AATA 3055
CITIZENSHIP – refusal to approve Australian citizenship by conferral – whether the applicant is of good character – relevance of other alleged criminal behaviour – evidence of rehabilitation – whether sufficient time has elapsed since offending – decision set aside and remitted – Australian Citizenship Act 2007.

GTPT and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2021] AATA 3246
MIGRATION – refusal of application for a Resident Return (Class BB) visa under section 501(1) – where the visa Applicant does not pass the character test – whether the discretion to refuse to grant the visa should be exercised – consideration of Ministerial Direction No. 90 – decision under review set-aside.

LEAU and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2021] AATA 3090
MIGRATION – mandatory cancellation of visa – Migration Act 1958, subsection 501CA(4) – Direction No. 90 – primary considerations – protection of the Australian community – expectations of the Australian community – family violence – domestic violence offences – relationship violence – breach of AVO – links to the Australian community – other subjective factors - decision set aside.

Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources.

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