Immigration 09 April 2010

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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...