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Inside track: Immigration

30 September 2019

#Immigration Law

Inside track: Immigration

In the media

Warrants on Perth strawberry farm
Officers from the Australian Border Force have located 10 foreign nationals working illegally on a large strawberry farm at Bambun, north of Perth. Seven were from Vietnam and three from Malaysia (27 September 2019).  More...

More working holiday makers supporting regional areas
Regional businesses are benefiting from a 20 per cent increase in the number of working holiday makers supporting regional areas. From January, second year visa holders can also apply for a third year WHM visa if they carry out an additional six months specified work in regional areas during their second year (25 September 2019).  More...

In practice and courts and publishing

Skilled Regional (Provisional) Visa Subclass 489 to be replaced with Subclass 491 from 16th November 2019
The Department of Home Affairs has announced transitional arrangements for replacing the Subclass 489 with Subclass 491.
15th November 2019 - The last day for any invited applicant to lodge their visa.
16th November onwards - Migrants will be able to lodge EOIs for the Subclass 491 as new points test will be introduced.
Note: During this transition, migrants who have lodged EOIs for Subclasses 189 and 190 will not be affected and can be issued invitations.  More...

RDA Northern Inland Skilled Regional (NSW) State Nomination Visa subclass 489 Open
RDA Northern Inland will not be nominating beyond 3 September 2019. The new Skilled Regional State Nominate visa sub-class 491 will commence on 16 November 2019. The last day that invited applicants can lodge their application with the Department is 15 November 2019.  More...

Legal and Constitutional Affairs Legislation Committee 2019
New Skilled Regional Visas (Consequential Amendments) Bill 2019 [Provisions]

Current Senate Inquiries September 2019
Migration Amendment (Strengthening the Character Test) Bill 2019 [Provisions]
Migration Legislation Amendment (Regional Processing Cohort) Bill 2019 [Provisions]
Migration Amendment (Repairing Medical Transfers) Bill 2019 [Provisions]

Cases

DTN16 v Minister for Immigration, Citizenship, Migrant Services & Multicultural Affairs [2019] FCA 1525
MIGRATION – incorrect factual finding – extent of contamination of underlying reasoning and determination – irrationality – unreasonableness – failure to consider integer – jurisdictional error established – appeal allowed.
Migration Act 1958 (Cth) ss 36(2)(a), 36(2)(aa)

Seo and Minister for Home Affairs (Citizenship) [2019] AATA 3649
CITIZENSHIP – refusal – whether applicant of good character – possess amount of precursor prescribed by regulations – conceal serious indictable offence of another person – consideration of applicant’s character – decision set aside and remitted
Administrative Appeals Tribunal Act 1975; Australian Citizenship Act 2007 (Cth); Crimes Act 1900 (NSW);
Crimes (Sentencing Procedure) Act 1999 (NSW); Drug Misuse and Trafficking Act 1985 (NSW); Migration Act 1958

Stowers and Minister for Home Affairs (Migration) [2019] AATA 3640
MIGRATION – Mandatory visa cancellation – citizen of New Zealand – Class TY Subclass 444 Special Category visa – serious criminal offending – failure to pass character test – whether another reason why the mandatory visa cancellation should be revoked – whether risk of applicant engaging in criminal conduct in Australia – protection of the Australian community from criminal or other serious conduct – the best interests of minor children – expectations of the Australian community – other considerations – Ministerial Direction No. 79 applied – decision set aside and substituted - Migration Act 1958 (Cth) ss 499, 500, 501, 501CA.

Leong and Minister for Home Affairs (Citizenship) [2019] AATA 3641
CITIZENSHIP - application for citizenship by conferral - refusal of citizenship – whether applicant is likely to reside or continue to reside in Australia - whether applicant maintains a close and continuing association with Australia - application of Citizenship Policy - decision set aside and remitted.
Australian Citizenship Act 2007 (Cth); Migration Act 1958 (Cth)

Legislation

Commonwealth

Bills

Australian Citizenship Amendment (Citizenship Cessation) Bill 2019
HR Introduced and read a first time 19/09/2019 - The amendments provide for a period in which the individual subject to a determination resulting in the cessation of their citizenship can apply to the Minister for Home Affairs to have this determination revoked. It also provides for the Minister for Home Affairs to revoke a determination on his or her own initiative, or for the determination to be automatically revoked in certain circumstances 

Regulations

Migration (LIN 19/189: Arrangements for certain Business Skills Visas) Instrument 2019
20/09/2019 - This instrument operates to specify the approved forms for making a valid application for various visas. It also repeals Migration Regulations 1994 -Specifications of Arrangements for Business Skills Visa Applications 2016/106 - IMMI 16/106 

Migration (Class of Persons for Class GG visa and Subclass 408 (Temporary Activity) visa) Instrument 2019/193
17/09/2019 - This instrument operates to specify the requirements for making a visa application for a Temporary Activity (Class GG) visa. This instrument specifies applicants who are in a class of persons for whom the Visa Application Charge (VAC) amount is nil.

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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Rachel Drew

Rachel Drew

Partner

Brisbane

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Rebecca Macmillan

Rebecca Macmillan

Registered Migration Agent

Cairns

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