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Inside track: Immigration

27 May 2020

#Immigration Law

Inside track: Immigration

In the media

Cruise ship prohibition extended
The current restriction on cruise ships entering Australian waters has been extended for a further three months until 17 September 2020 (22 May 2020).  More...

Ex-bikie compensated for 20 minutes' worth of 615 days unlawfully detained
A judge finds that a former bikie gang member was put in immigration detention unlawfully for almost two years but has only compensated him for 20 minutes of his time in custody (21 May 2020).  More...

Federal government appeals court ruling recognising man born in pre-independence PNG as Australian
The federal government has lodged an appeal to overturn a Federal Court decision recognising the Australian citizenship of a man born in pre-independence Papua New Guinea (PNG) (20 May 2020).  More...

In practice and courts and publishing

MPI commentary May 2020: The rocky road to a mobile world after COVID-19
By Meghan Benton, Immigration Policy and Law
Safely restarting travel is the precondition for tourists to arrive anew, migrants to unite with loved ones or take up jobs, and refugees to reach a safe haven. But the path is uncertain and brings tough choices. Some countries—including Australia and New Zealand—have created exceptions for certain groups of migrants, but made clear that general restrictions for international travellers could remain indefinitely.  More...

Easing of visa conditions
Home Affairs is aware that some individuals are unable to depart Australia and are restricted from lodging another visa application in Australia. The following updates have been published on 21 May on the Home Affairs website.

Condition 8531
Condition 8531 – (must not remain in Australia beyond the period of stay permitted by the visa). Those who are subject to condition 8531 will need to apply for a waiver to have the Condition lifted. Home Affairs confirmed that they will take into account circumstances surrounding COVID19 and being unable to depart Australia.
Student Visa Holders – need to be mindful of their work limitations where it is appropriate. Students are to work 40 hours per fortnight unless exempt or the course is out of session or has been deferred.
TSS and 457 Visa Holders – will be able to have their hours reduced without breaching condition 8107 or 8607. Sponsors will need to maintain records in case of an audit. A notification to Home Affairs is not required.

Disclaimer
The information in this publication is of a general nature and is not intended to address the circumstances of any particular individual or entity. Although we endeavour to provide accurate and timely information, we do not guarantee that the information in this publication is accurate at the date it is received or that it will continue to be accurate in the future. We are not responsible for the information of any source to which a link is provided or reference is made and exclude all liability in connection with use of these sources.

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