In the media
Statement in relation to Department of Home Affairs' Partner visa processing
The Partner program is by far the largest component of the Family stream, usually making up around 80 per cent of the program, and for program years 2020-21 and 2021-22 constituting 94 per cent. All visa applications are assessed on their merit against criteria set out in the Migration Act 1958 and Migration Regulations 1994, and in accordance with relevant Ministerial Directions and procedural instructions (05 September 2021). More...
In practice and courts and publishing
Important information for travel outside Australia for three months or longer
Until 7 September 2021, travellers who arrive at the airport without an exemption, will be allowed to travel if their status as ordinarily resident overseas can be confirmed by an ABF officer at departure. These travellers will be advised that for future travel they will need to apply for an exemption in advance through the travel exemptions portal.
Cases
Teklehaymanot and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Citizenship) [2021] AATA 3055
CITIZENSHIP – refusal to approve Australian citizenship by conferral – whether the applicant is of good character – relevance of other alleged criminal behaviour – evidence of rehabilitation – whether sufficient time has elapsed since offending – decision set aside and remitted – Australian Citizenship Act 2007.
GTPT and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2021] AATA 3246
MIGRATION – refusal of application for a Resident Return (Class BB) visa under section 501(1) – where the visa Applicant does not pass the character test – whether the discretion to refuse to grant the visa should be exercised – consideration of Ministerial Direction No. 90 – decision under review set-aside.
LEAU and Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (Migration) [2021] AATA 3090
MIGRATION – mandatory cancellation of visa – Migration Act 1958, subsection 501CA(4) – Direction No. 90 – primary considerations – protection of the Australian community – expectations of the Australian community – family violence – domestic violence offences – relationship violence – breach of AVO – links to the Australian community – other subjective factors - decision set aside.
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.
