Immigration - What's News - 3 February 2016

In the media

Migrant crisis: Over 10,000 asylum seeker children missing, Europol says
Over 10,000 unaccompanied asylum seeker children have disappeared in Europe, the EU police agency Europol says, fearing many have been whisked away into sex trafficking rings or the slave trade (01 February 2016).  More...

Steering the Refugee Dialogue from Risk to Opportunity
The Young Global Leaders (YGL) of the World Economic Forum met at a Roundtable in Davos on Friday. Coordinated by Professor Jane McAdam and four other YGLs, participants discussed how to shift the refugee conversation towards opportunity and away from risk (28 January 2016).  More...

Human Rights Watch World Report 2016: Australia criticised
Australia has been issued with a stinging rebuke for failing in many areas including indigenous health, disability rights and foreign policy, not to mention the introduction of tough new counter-terror laws and "appalling" treatment of refugees and asylum seekers (28 January 2016).  More...

Human Rights Watch urges Australian Government to rethink 'abusive' policies on asylum seekers, refugees
The Australian Government has been urged to rethink its "abusive" policies on asylum seekers and refugees, with an international human rights organisation highlighting its "failure to respect international standards" (28 January 2016).  More...

Immigration to visit south-west NSW
Immigration officers will visit Griffith in south-west NSW on 28 January to provide immigration information to people who have overstayed their visas (27 January 2016).  More...

Australian Business Calls for More Intake of Syrian Refugees
Many Australian business leaders have urged the Federal government to increase the intake of Syrian refugees in the country. This follows an ongoing visit of an Australian business delegation at the Syrian refugee camps in Turkey and Lebanon (27 January 2016).  More...

Leading doctor challenges PM over 'torture-like conditions' at detention centres
One of Australia's leading doctors is challenging the Prime Minister to prosecute him for speaking out about what he calls "torture-like conditions" in offshore detention centres (26 January 2016).  More...

In practice and courts and publishing

Immigration Rules Relaxed to Promote Innovation
Australian Prime Minister has made two major initiatives in Australia's immigration policy. Now students studying the STEM (Science, Technology, Engineering and Mathematics) and ICT (Information and Communication Technology) have a way to apply for permanent residence in Australia. There is also a new Entrepreneur Visa introduced that will be implemented from December 2016 (29 January 2016).  More...

MARA Disciplinary Decisions
Scheelings, Bernard Matthew - Cautioned - 22 January 2016.  More...

Upcoming education and events

Law Council of Australia - 2016 CPD Immigration Law Conference (Melbourne) 4-5 March 2016.

Immigration Essentials for Lawyers (Melbourne) 16.03.2016.

Immigration Essentials for Lawyers (Sydney) 27.04.16- 29.04.16.

Current Senate Inquiries - Legal and Constitutional Affairs Legislation Committee

Migration Amendment (Charging for a Migration Outcome) Bill 2015 [Provisions].

Migration and Maritime Powers Amendment Bill (No.1) 2015 [Provisions].

Migration Amendment (Complementary Protection and Other Measures) Bill 2015.

Migration Legislation Amendment (Cessation of Visa Labels) Bill 2015.

Inquiry into possible false or misleading evidence given to the former Nauru Select Committee.

Cases

Casenote: CPCF v Minister for Immigration and Border Protection [2015] HCA 1
28/01/2015 - By a narrow 4:3 majority, the High Court of Australia has held that Australia's detention of 157 Tamil asylum seekers at sea was not contrary to Australian law. The decision turned on the scope of powers conferred on Australian officials under the Maritime Powers Act, and the legality of their actions under that statute. The judges did not engage in any detailed analysis of international refugee law. Instead, they focused squarely on the construction of an Australian statute, and the Australian government's powers pursuant to it.  More...

AZAEF v Minister for Immigration and Border Protection [2016] FCAFC 3
MIGRATION – appeal from a decision of the Federal Circuit Court – application by an infant child and her half-brother for protection visas – where the appellant and her half-brother made separate claims of persecution – where the independent protection assessor rejected the claims as he did not believe the half-brother's evidence – whether the primary judge erred in not holding that the assessor was obliged to give notice to the appellant or her guardian that he did not believe the half-brother's evidence – whether the primary judge erred in not holding that the Minister breached his duties to the appellant by not taking steps to investigate and obtain material in relation to the appellant – whether the primary judge erred in not finding that the assessor made inconsistent findings of fact. Held: Appeal allowed.  More...

1419015 (Migration) [2016] AATA 3075
PRACTICE AND PROCEDURE - application for reconstitution of Tribunal under s 19D(2)(a)(iii) of the Administrative Appeals Tribunal Act 1975 (Cth) - after hearing of a proceeding commences and before the Tribunal determines the proceeding - matter capable of being advanced as basis for application for member's recusal - asserted basis not sufficient for reconstitution - direction that Tribunal remain as constituted - Tribunals Amalgamation Act 2015 (Cth) - Administrative Appeals Tribunal Act 1975 (Cth), ss 2A, 19A, 19D, former 21A.  More...

1514854 (Migration) [2016] AATA 3059
DECISION: The Tribunal remits the application for a Visitor (Class FA) visa for reconsideration, with the direction that the visa applicant meets the following criteria for a Subclass 600 (Visitor) (Class FA) visa.  More...

1513322 (Migration) [2016] AATA 3058
DECISION: The Tribunal remits the application for a Visitor (Class FA) visa for reconsideration, with the direction that the visa applicant meets the following criteria for a Subclass 600 (Visitor) (Class FA) visa.  More...

1509119 (Migration) [2016] AATA 3049
DECISION: The Tribunal remits the applications for Skilled — Designated Area-sponsored (Provisional) (Class UZ) visas for reconsideration, with the direction that the first named visa applicant meets the following criteria for a Subclass 496 (Skilled — Designated Area-sponsored (Provisional)) visa.  More...

1417259 (Migration) [2016] AATA 3030
DECISION: The Tribunal remits the applications for a Temporary Work (Long Stay Activity) (Class GB) visa for reconsideration, with the direction that the first named applicant meets the following criteria for a Subclass 401 visa.  More...

Legislation

Commonwealth

Migration Regulations 1994 - Eligible Education Providers and Educational Business Partners 2016 - IMMI 16/003
21/01/2016 - This instrument specifies eligible education providers and education providers as education business partners for Subclass 572, Subclass 574 and Subclass 575.  More...

Acts

Migration (Visa Application) Charge Act 1997
Act No. 26 of 1997 as amended, taking into account amendments up toStatute Law Revision Act (No. 2)2015 - An Act to impose a charge in respect of applications for visas (28 January 2016).  More...

Migration Agents Registration Application Charge Act 1997
Act No. 203 of 1997 as amended, taking into account amendments up to Statute Law Revision Act (No. 2)2015. An Act to impose charge on applications by individuals for registration as migration agents (28 January 2016). More...

Migration (Health Services) Charge Act 1991
Act No. 197 of 1991 as amended, taking into account amendments up to Statute Law Revision Act (No. 2) 2015. An Act to impose on persons a charge on the granting of certain visas and entry permits Administered by: Immigration and Border Protection (28 January 2016).  More...

Bills update

Migration Amendment (Complementary Protection and Other Measures) Bill 2015
On 15 October 2015, the Senate referred the Migration Amendment (Complementary Protection and Other Measures) Bill 2015 [Provisions] be referred immediately to the Legal and Constitutional Affairs Legislation Committee for inquiry and report.  The closing date for submissions is 26 November 2015. The reporting date is 18 February 2016.  More...

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