Immigration Advice & Rights Centre Inc.

Knight Review - Strategic Review of the Student Visa Program

Knight Report recommends a number of incremental changes to improve the performance of the student visa system...read more

Don't Make a Mistake!

Repercussions of nominating the wrong skilled occupation.......read more

Family Violence in Immigration Law 

IARC recently made a submission to the Australian Law Reform Commission on proposed changes to the Family Violence Provisions of the Migration Regulations....read more 

The Malaysian Arrangement - "Whilst the political issues remain contested, the law is settled until the Act is changed"*

Senate Committee recommended to the Australian Government that it should not proceed....read more

*The High Court in M70 highlights the Government's failings in relation to the arrangement.... read more

Procedural Fairness - an ongoing issue

A fundamental right to natural justice requires that an applicant be afforded procedural fairness. This issue continues to be the subject of debate in our Courts. In two recent decisions of the Federal Magistrates Court contradictory views were expressed in relation to the question as to whether an independent expert is required to afford procedural fairness to an applicant claiming to have suffered family violence.

Maman v Minister for Immigration & Anor [2011] FMCA 426

REGULAR FEATURES

News in brief

• Detention Centre in Tasmania
• Australia and Papua New Guinea Sign a Memorandum of Understanding
• Minister Ordered to Pay for Video Link
• Croatia, Nigeria and the Philippines strengthen campaign against statelessness
• Ombudsman’s submission on immigration detention

Practice Points and Legislative changes

• Proposed changes to the Migration Act 1958 (Cth) and the Immigration (Guardianship of Children) Act 1946
• Ministerial Intervention Statistics
  
• Priority Processing Arrangements
• Work and holiday visas in Australia and Papua New Guinea
• Visa labels no longer required for subclass 457 visa holders
• Review of Permanent Employer Sponsored Visas
• Complementary protection
• New accreditation scheme for sc457 visas
• Deterring People Smuggling Bill

Case Notes

Plaintiff M70/2011 v Minister for Immigration and Citizenship; Plaintiff M106 of 2011 v Minister for Immigration and Citizenship [2011] HCA 32 (31 August 2011) The High Court considered applications by Offshore Entry Persons detained in Christmas Island regarding their proposed removal to Malaysia as part of an agreement between the Australian and Malaysian Governments.

Federal Magistrates Court

Maman v Minister for Immigration & Anor [2011] FMCA 426 Independent expert to afford procedural fairness.

Al Momani v Minister for Immigration & Anor [2011] FMCA 453 Family violence, law reform and procedural fairness

SZQGP v Minister for Immigration & Anor [2011] FMCA 701 Failure to consider an integer of a claim amounted to an error on the part of the Reviewer.

SZQGU v Minister for Immigration & Anor [2011 FMCA 718 The Convention definition: a safe area does not have to be protected by a recognised government.