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Inside track: Immigration

07 June 2021

#Immigration Law

Inside track: Immigration

In the media

Grattan Institute: Australia must use the pandemic to get skilled migration right
With COVID-19, travel restrictions have brought migration to a standstill. But amid the gloom, there’s a unique opportunity to reset our permanent skilled migration program to favour young, high-skilled workers who bring the biggest economic benefits to Australia (31 May 2021).  More...

Enhancing Kiwis' pathway to permanent residence
The Morrison Government is amending the New Zealand Pathway to permanent residence to support eligible New Zealand citizen temporary visa holders in Australia to obtain permanent residence.​ The Pathway is available to New Zealand citizens who were usually resident in Australia for a continuous period of five years immediately prior to their visa application and commenced that period of residence on or before 19 February 2016 (25 May 2021).  More...

Cases

Silvia (Migration) [2021] AATA 1429
MIGRATION – Partner (Temporary) (Class UK) visa – Subclass 820 (Partner) – de facto relationship for 12 months before application made – now validly married and applicant pregnant – financial and social aspects of relationship – household responsibilities change with sponsor’s fly-in/fly-out work roster – nature of commitment – decision under review remitted. Migration Act 1958 (Cth), ss 5CB(2), 5F(2)(a), 65; Migration Regulations 1994 (Cth), r 1.15A, Schedule 2, cls 820.211(2), 820.211(1) 

Norris (Junior) and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Citizenship) [2021] AATA 1399
Application for Australian citizenship by descent – Applicant’s mother born in Papua prior to Papua New Guinea Independence Day – whether Applicant’s mother was an Australian citizen at time of Applicant’s birth - whether Applicant’s mother had a right to permanent residence in Australia – grant of right to of permanent residence by the Minister for Immigration - whether right to permanent residence renounced - matter remitted for reconsideration in accordance with the finding that the Applicant has a parent who was an Australia citizen at the time of her birth. 

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