Parish Patience Immigration Lawyers Blog
Requests for information, comment or response from the Administrative Appeals Tribunal
Exhausting the natural justice hearing rule
A feature of merits review under both Part 5 and Part 7 is that both are governed by an "exhaustive statement of the natural justice hearing rule" – ss 357A and 422B respectively. In both cases the effect is to replace the common law rule, which requires that a person affected by a decision must be given a real opportunity to know the case against them and to respond to any adverse information, with a formal set of procedures for the Tribunal to follow. If those procedures are correctly followed, then natural justice has been provided. Of course, if they are not correctly followed, then the Tribunal may be found to have fallen into jurisdictional error – SAAP v Minister for Immigration and Multicultural and Indigenous Affairs  HCA 24.
Read More>> - Published 18 September 2020
Priority Migration Skilled Occupation List (PMSOL) ANNOUNCED!!!
"Visa holders, who have been sponsored by an Australia business in a PMSOL occupation can request an exemption from Australia’s travel restrictions, but will be subject to a strict 14 days quarantine on arrival at their own expense.”
Read More>> - Published 02 September 2020
Don't believe everything the Department tells you
Senior Migration Agent Thong Nguyen of Parish Patience Immigration Lawyers was recently contacted by a person who wanted to sponsor his mother and her de facto partner for subclass 870 visas.....
Read More >> - Published 07 April 2020
Last Sunday saw the premiere of a six part ABC mini-series on the theme of refugees and Australia's controversial treatment of them. One of the main plot lines is loosely based on the true story of a mentally ill woman who, despite having lived in Australia for most of her life as a permanent resident, was detained for around one year in the now closed Baxter detention centre in South Australia on suspicion of being an unlawful non-citizen....
Read More >> - Published 04 March 2020
Are planes the new boats?
It has been known for some time that the number of asylum seekers arriving in Australia by plane far exceeds the number of boat arrivals. It is also well known that the percentage who are found to be genuinely in need of protection is much lower for the plane arrivals.
Labor Senator Kristina Keneally has several times criticised the government for allowing what she describes as a "labour market scam"...
Read More >> - Published 18 February 2020
High Court rules Aboriginal Australians are not aliens
The High Court of Australia has today ruled that Aboriginal Australians, even if not Australian citizens, cannot be considered "aliens" and therefore are beyond the reach of Commonwealth laws made in reliance on the aliens power in the Constitution, including the Migration Act 1958.
Read More >> - Published 11 February 2020
New Zealanders planning legal challenge to Australian citizenship laws
An article in The Guardian on 28 January 2020 reports that a lobby group of New Zealand citizens plans to challenge Australia's citizenship laws in court on the grounds that they "unreasonably deny the right to vote to the affected cohort" and "constitute unlawful race discrimination".
Read More >> - Published 30 January 2020
Can protection visas be refused under s 501 for character grounds?
On 24 December 2019, the Full Federal Court found that the Section 501 character test did not apply to applications for protection visas under s 36 of the Migration Act 1958: BAL19 v Minister of Home Affairs  FCA 2189.
In this case, the Minister accepted that the applicant had fought for the LTTE since he was sixteen years of age for a period of ten years. The Minister also accepted that Australia owed the applicant in this case non-refoulement obligations.
Read More >> - Published 22 January 2020