Australian migration law update: Jurisdictional error (Federal Court Judgment) - Cotterill v Minister for Immigration and Border Protection [2016] FCAFC 61 (14 April 2016)

In Cotterill v Minister for Immigration and Border Protection [2016] FCAFC 61 (14 April 2016) the Full Court allowed the appellant’s appeal and set aside the orders of the primary judge. The appellant was born in England in 1943 and migrated to Australia with his parents when he was seven years old.  Under the Migration Act 1958 (Cth) (the Act), the appellant was taken to have been granted an “absorbed person” visa which allowed him to stay in Australia indefinitely.  The visa was subject to the provisions of the Act including...

Read More»

Australian Visa Update: The new Simplified Student Visa Framework (SSVF)

From 1 July 2016 the SSVF will come into effect.  Key changes under the SSVF are: international students will apply for a single Student visa (subclass 500), regardless of their chosen course of study; student guardians will apply for the new Student Guardian (subclass 590) visa. All students and student guardians, or their representatives, will generally be required to lodge their visa application online by creating an account in ImmiAccount. Nevett Ford Lawyers Melbourne will continue to provide more information as it becomes...

Read More»

Significant New Opportunities for Permanent Residence for New Zealand Citizens

First announced by the Prime Minister, Malcolm Turnbull, on 19 February 2016, and then later confirmed in the recent budget, a new pathway for permanent residence has opened up for certain New Zealand citizens who are able to demonstrate that they can satisfy the qualifying criteria. In order to be eligible it will be necessary for New Zealand citizens to show that they were resident in Australia on 19 February 2016, have lived here for at least five years and earned income of at least the temporary skilled migration income threshold (currently...

Read More»

Australian Citizenship - Islamic State declared terrorist organisation

Legislative Instrument - F2016L00665 - Australian Citizenship (Declared Terrorist Organisation—Islamic State) Declaration 2016, declares Islamic State a terrorist organisation for the purposes of s35AA of the Australian Citizenship Act 2007.   Under this Instrument individuals with links to Islamic State may fall within the circumstances of s33AA or s35 of this Act.  Section 33AA Provides for the cessation of citizenship of an Australian citizen (who is aged 14 or older and is also a national...

Read More»

Australian visa update: Singapore - Work and Holiday & Long Validity Visitor visa announced

On 11 May 2016, Minister for Immigration and Border Protection, Peter Dutton, announced that Singapore will be added to the list of Work and Holiday Subclass 462 visa eligible countries. The Minister also announced that the option of a long validity, multiple-entry visitor visa for Singaporean nationals to visit Australia will also be introduced...

Read More»

Australian visa update: State of Israel - Subclass 462 Work and Holiday Visas

Legislative Instrument - F2016L00676 - IMMI 16/056 - Migration Regulations 1994 - Arrangements for Work and Holiday and Working Holiday Visa Applications 2016. This Instrument specifies: the state of Israel as an eligible Work and Holiday (subclass 462) visa country  that a holder of a state of Israel passport does not need to provide evidence of government support for grant of this visa the educational qualifications relevant to applicants from the state of Israel.  ...

Read More»

Norfolk Island - transitional migration and Australian citizenship amendments

Legislative Instrument - F2016L00725 - Migration Legislation Amendment (2016 Measures No. 2) Regulation 2016.  The Instrument above amends the Migration Regulations 1994 and the Australian Citizenship Regulations 2007 to update immigration and citizenship policy, and to transition foreign nationals who are lawfully on Norfolk Island to appropriate Australian visas that are comparable to their entry permit or residence status on Norfolk Island. Currently, Commonwealth immigration law does not extend to Norfolk Island...

Read More»

Proposed changes to Partner Visas

A bill has been introduced to parliament which if passed, will mean that there will be substantial changes to the family visa application process. Below is an extract from the Explanatory Memorandum:   To address the integrity issues currently experienced in the sponsored family visa program (the program), the Bill will extend relevant aspects of this sponsorship framework to apply to family sponsored visas with a view to: separate sponsorship assessment from the visa application process for family sponsored visas; require the...

Read More»

Australian visas - Biometrics collection starts in Fiji and Thailand

The Department has announced on its website  the collection of biometrics will commence in Fiji on 3 May 2016 and Thailand on 4 May 2016. Biometrics will be collected from visa applicants who are in those countries at the time of making a visa application to enter Australia, unless they are excluded or exempted from doing so under Australian Government policy. Visa applicants in Fiji and Thailand who lodge their applications at the AVACs in these countries will be asked to provide their biometrics at the same time. Some...

Read More»