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Inside track: Immigration

18 March 2019

#Immigration Law

Inside track: Immigration

In the media

Aged care labour agreements to support migrant communities
Minister for Immigration, Citizenship and Multicultural Affairs David Coleman said these special visa arrangements will allow aged care facilities to access a personalised visa arrangement to hire employees with the skills to cater for the needs of their communities' elderly (08 March 2019).  More...

Border Force crackdown on illegal workers leaves farmers without pickers
Victorian farmers are struggling to find workers to pick their fruit after an ABF crackdown on illegal foreign workers over the past month (5 March 2019).  More... 

Cases

Shu Yuen Lam v Minister [2019] HCATrans 043
The High Court has rejected the Minister’s submission that there was an evident basis for the delegate proceeding to determine the application without waiting the time required for completion of the TRA
"In my view, it was not open for a reasonable decision-maker to act in that manner in the circumstances of this case. I consider that the delegate acted with legal unreasonableness in adopting the course she did."

Momtaz v Minister for Immigration [2019] FCCA 520
MIGRATION – Application for business innovation and investment visa – agreed compliance with business income turnover criteria – whether applicant had submitted bogus documents for delegate’s consideration – failure of delegate to translate crucial document from Bangladesh tax authority – whether delegate entitled to rely upon factually erroneous version of the actual contents of letter from Bangladesh tax authority for the purpose of making his decision to refuse to grant the visa application – failure of delegate to properly address relevant issues required to be addressed before decision made – application granted – decision to refuse visa quashed. Migration Regulations 1994 (Cth) rr.188, 4020; Migration Act 1958 (Cth) ss.5, 57(2)(a), 65

Contacts:

Brisbane
Rachel Drew, Partner 
T: +61 7 3135 0617 
E: rachel.drew@holdingredlich.com

Cairns
Rebecca Macmillan, Registered Migration Agent
T: +61 7 4230 0412
E: rebecca.macmillan@holdingredlich.com

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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