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Registered Migration
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Parish Patience
Solicitors, Immigration Law Section
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| Issue No 20 | April 2000 | |||||
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Government tries again to limit access to CourtsIn March the government fired another shot in its self-declared war on the judicial system by introducing into Parliament a Bill that purports to prevent applicants in immigration matters from bringing what are known as "class actions" or "representative actions" in either the Federal Court or the High Court. Actions of these types allow a group of people having a similar complaint to pool their resources by bringing a single case against the government instead of numerous small, and individually expensive, cases. The Bill also contains a clause that would prevent anyone from bringing a case in the High Court to challenge an immigration decision any later than 28 days after receiving notice of the decision. The right of any person to go to the High Court to seek orders against an officer of the Commonwealth is enshrined in the Constitution. The Parliament has no power to interfere with the Constitution, so it must be considered a dubious proposition that it can water down a right granted by the Constitution by imposing physical limits on its exercise. Earlier measures taken by the government to restrict or hinder individuals wanting to challenge its decisions in the Courts have been partially successful, but have run into strong criticism from the highest levels of the judiciary. In January, Justice McHugh of the High Court took the unusual step of comprehensively criticising such measures in his judgment in an immigration case. His Honour was taking issue with amendments to the Migration Act which limit the role of the Federal Court in considering decisions of the Minister for Immigration, forcing people to take their cases straight to the High Court. The result is that more than two thirds of applications for prerogative relief pending in the High Court are now individual immigration cases. It was precisely to avoid taking up the time of the country's highest Court with such matters that the Federal Court was created nearly a quarter of a century ago. Migration Legislation Amendment Bill (No. 2) 2000 Re Minister for Immigration and Multicultural Affairs & ors: ex parte Durairajasingham More parent visas for those who can payMinister Ruddock is determined that migrants who have settled in Australia will not be able to bring their parents to live with them unless they pay twice for the welfare and health costs involved: once through their taxes like everyone else, and again through massive upfront fees, private insurance and bonds. While issuing only 500 visas per year to the parents of ordinary taxpaying migrants, who in any event have to pay a substantial bond and "health care charge", the Minister has held out the carrot of 4,000 extra places for anyone who can afford a bond of $10,000 to be held for 10 years, and up to $25,000 in up front health care or private insurance charges. Previous proposals to create a two-tiered system based on how much people can afford to pay were rejected by the Senate. Changes to Migration Occupations in Demand List from 1 JulyUnder the skilled migration program, applicants receive more points if their occupation is listed on the Migration Occupations in Demand List. According to Departmental figures, 51% of applicants have an occupation on the current list. In a media release, the Minister announced a new list to be put in place in the near future:
The following occupations are to be removed from the list:
Changes to Working Holiday Program from 1 JulyIn recent announcements, the government has foreshadowed changes to the working holiday program to take effect from 1 July:
Consultations are under way to put in place agreements with several other countries including Spain, France, Singapore, Malaysia, Hong Kong, Taiwan, Italy, Greece, Israel, Cyprus, Austria, Switzerland, Finland, Sweden, Norway, Denmark and the USA. The working holiday program is estimated to bring nearly 80,000 visitors to Australia this financial year. Hot linksWith each edition of Australian Immigration Law Update we will try to find some new or interesting sites that you might enjoy visiting. This month, you might like to try out some of these*:
* These sites are not in any way endorsed or connected with Parish Patience. The listing of a commercial site does not imply any recommendation or warranty concerning the products or services offered. Contact us:Parish Patience
Solicitors Tel: +612 9283 1333 Liability is limited by the Solicitors Scheme under the Professional Standards Act 1994 (NSW) Previous editions:
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Patience Solicitors 2000. All rights reserved.
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