Artboard 1Icon/UI/CalendarIcons/Ionic/Social/social-pinterest

Inside track: Immigration

21 June 2021

#Immigration Law

Inside track: Immigration

In the media

Coalition divided amid concerns agriculture visa could undermine Pacific Islands scheme
There is growing unease within the Coalition over the federal government's proposed new agriculture visa, as experts warn it could undermine Australia's flagship labour schemes for Pacific Island workers (17 June 2021).  More...

In practice and courts and publishing

ATO alerts
Withholding the right amount for seasonal workers - 10/06/2021 
The law has been modified under the Commissioner's remedial power so that workers in the Seasonal Worker Program continue to be taxed at 15% where their visa class changed due to COVID-19.

Cases

MZZHL v Commonwealth of Australia [2021] FCA 600
MIGRATION – authority to detain a person reasonably suspected of being an unlawful non-citizen
MIGRATION – request for removal – request withdrawn
MIGRATION – continued detention of unlawful non-citizen – no attempts being made to secure his removal from Australia – abandonment of any purpose whilst in detention – power to order release from detention in the absence of visa
MIGRATION – compensatory damages for unlawful detention
Judiciary Act 1903 (Cth) s 78B; Migration Act 1958 (Cth) ss 4, 5, 46A, 189, 195A, 196, 198
The Respondent is to pay the Applicant within 28 days damages assessed in the sum of $350,000.

Fanani v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2021] FCA 595
MIGRATION – appeal from the Federal Circuit Court of Australia – validity of visa application - where Federal Circuit Court found that appellant’s visa application was not valid on basis that it was not “delivered by courier service” as stipulated by legislative instrument – meaning of “delivered by courier service” – whether visa application was “delivered by courier service” – appeal allowed. Migration (IMMI 17/016: Arrangements for Family Visa Applications and New Zealand (Family Relationship) Visa Applications) Instrument 2017 (Cth); Migration Act 1958 (Cth): ss 45, 46, 47; Migration Regulations 1994 (Cth): r 2.07, sch 1 cl 1123B 

YFTQ and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2021] AATA 1792
VISA CANCELLATION – mandatory visa cancellation under s 501(3A) – substantial criminal record – best interests of minor children – impact on victims – international non-refoulement obligations – extent of impediments if removed – whether there is another consideration – where, on appeal, the sentence was changed – decision under review set aside and substituted.

ZSQC and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2021] AATA 1738
MIGRATION – decision of delegate of Minister not to revoke mandatory cancellation of visa – character test – substantial criminal record – driving offences and other general offending – Direction No 90 – primary and other considerations – protection of the Australian community – nature and seriousness of the conduct – risk to the Australian community – family violence – best interests of minor children – expectations of the Australian community – extent of impediments if removed – links to the Australian community – strength, nature and duration of ties to Australia – Applicant has a 15-year-old daughter and minor nieces and nephews – Applicant is a 56-year-old man who arrived in Australia as a four-year-old child – confirmation given by Department in 1994 that Applicant not liable for deportation – Applicant was born in Germany but is British citizen who has never been to the United Kingdom – extent of impediments if removed to United Kingdom – Tribunal found that there is another reason to revoke the Cancellation Decision – Reviewable Decision set aside and substituted
Migration Act 1958 (Cth) – ss 499, 499(1), 499(2A), 500(6B), 500(6L), 500(7A), 501(2), 501(3A), 501(6), 501(6)(a), 501(7), 501(7)(c), 501CA, 501CA(4), 501CA(4)(b)(i), 501CA(4)(b)(ii), 501G(1)
Migration Regulations 1994 (Cth) – reg 2.55(8)

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.

Share this