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Latest News
Rudd flips on ‘big Australia’4 April 2010
The
federal government will consider slashing Australia’s annual migration intake
to help tackle concerns about traffic congestion, housing, hospitals, water and
the environment. Australia’s growth rate is now twice the global average, even
outstripping that in some developing nations including the Philippines,
Malaysia, India, Indonesia and Vietnam. Figures from the Bureau of Statistics
show that last financial year net overseas migration added a record 298,924
people. More...
Publications/ Conferences
Changes to the citizenship residence requirement on 1 July 2010
The
general
residence requirement is one of the eligibility criteria you must meet
to apply for Australian citizenship. The residence requirement is
specified in
the Australian Citizenship Act 2007. It is based on the length of time:
you
have lawfully lived in Australia, you have spent outside Australia and
you have
been a permanent resident. More...
Cases
Berenguel v Minister for Immigration and Citizenship [2010]
HCA 8
Immigration – Visa – General Skilled Migration visa – Skilled
(Residence) (Class VB) Visa, Subclass 885 (Skilled – Independent) – Where
application for visa refused for failure to meet English language requirements
– Where “vocational English” a primary criterion for the grant of the visa
appearing in subdiv 885.21 of Sched 2 to the Migration Regulations 1994 (Cth)
(“the Regulations”), headed “Criteria to be satisfied at time of application” –
Whether visa applicant could lodge English language test report after
submission of application but before Minister’s decision. Delegated legislation
– Interpretation – Meaning of “not more than 2 years before the day on which
the application was lodged” in reg 1.15B of the Regulations – Purpose of the
Regulations. Delegated legislation – Interpretation – Application of s 13(1)(a)
of the Legislative Instruments Act 2003 (Cth) – Application of s 13 of the Acts
Interpretation Act 1901 (Cth) – Where headings in Sched 2 to the Regulations
not defined – Relevance of headings of Parts, Divisions and Subdivisions of
Sched 2 to the Regulations being “part of” the Regulations. Words and phrases –
“criteria to be satisfied at time of application”, “legislative instrument”,
“not more than 2 years before the day on which the application was lodged”. More...