by Paul Cutler | Mar 3, 2015 | Uncategorized
The Minister for Immigration and Border Protection introduced the Australian Border Force Bill 2015 into Parliament on 25 February 2015. The cornerstone of the Bill is the creation of an operational border control and enforcement entity.
The ABF will be the operational arm of the Department of Immigration and Border Protection (DIBP) and will be led by the ABF Commissioner who will be Australia’s most senior border law enforcement officer. 
The Commissioner will have a dual role as the Comptroller-General of Customs, with responsibility for the enforcement of Customs law and collection of border-related revenue.
In performing these critical functions, the ABF will work in close partnership with a range of Commonwealth, state, territory and international law enforcement and intelligence agencies, including the Australian Defence Force and the Australian ederal Police.
The ABF is due to commence operation on 1 July 2015. We’ll see how all this goes!
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by Paul Cutler | Dec 15, 2014 | Uncategorized
The Department has announced a 50% increase to application fees for partner visa subclasses from 1 January 2015.
PARTNER VISA CHARGES
* Provisional and permanent partner visas – currently $3085 increased to $4627.50
* Prospective marriage visa – currently $3085 increased to $4627.50
* Temporary and permanent partner visas – currently $4575 increased $6865.50
Further information can be found on the Department’s website.
by Paul Cutler | Nov 12, 2014 | Uncategorized
MIA News Issue 253 contained an article about UNICEF Australia’s opposition to the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Bill 2014.
Along with other human rights organisations, UNICEF said the Bill attempted to remove Australia’s international obligations, reduce powers of the Australian courts and give extensive discretionary control to the Minister for Immigration and Border Protection, Scott Morrison.
Click here to read the full UNICEF media release, but the fundamental objection is “The Bill put forward by Immigration Minister Scott Morrison seeks to classify children born in Australia as ‘unauthorised maritime arrivals’ if one of their parents is labelled such, leaving those children subject to mandatory detention and transfer to Nauru,”. In other words, the legislation is in breach of international law.
I am truly dismayed that we continue to pick on children!
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by Paul Cutler | Nov 4, 2014 | Uncategorized
Migration Legislation Amendment (2014 Measures No. 2) Regulation 2014 makes some welcome changes (amongst other things) to PIC 4020. The following extract from the Explanatory Memorandum sums it up quite well:
PIC 4020 is a ‘one fails, all fail’ criterion, whereby all applicants for a visa would not be granted a visa if a bogus document, or false or misleading information is provided by any of the applicants, or where any of the applicants fail to satisfy the delegate of their identity.
Amendments to PIC 4020
These changes will ensure that minors are not unfairly affected by the fraudulent actions of their parents or guardians by exempting them from the periods specified in PIC 4020(2) and (2B). The policy is based on the department’s view that a minor should not be penalised for the fraudulent actions of a parent/s or guardian/s.
This amendment applies both to minors who are onshore and those who are offshore at the time of application for a visa. Australia’s human rights obligations are engaged only in relation to persons within its territory and/or jurisdiction. As such, the analysis of the human rights implications of this amendment is relevant only to the extent that it applies to persons who seek to apply for a visa whilst onshore (that is, in Australia at the time of visa application). PIC 4020 applies to all skilled migration, student, business skills, family and temporary visas, but not to Refugee and Humanitarian visas. In respect of people already onshore, Articles 3 and Articles 16(1) of the CRC may be relevant.
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by Paul Cutler | Oct 14, 2014 | Uncategorized
The Government today announced important changes to the Significant Investor Visa and creation of a Premium Investor visa.
The new Premium Investor Visa (PIV) will require an investment of $15 million, nomination by Austrade and has no residency requirements. PIV holders will be eligible for permanent residency after holding the complying investment for 12 months.
Other changes include:
- the involvement of Austrade in the nomination of applicants on behalf of the Australian Government and in determining complying investment policy
- allowing ‘role swapping’ between primary and secondary applicants during the provisional visa stage
- introduction of 180 day residency requirements for secondary visa holders
- changes to improve visa processing times
Thanks to the MIA for providing the above information to me today in its email to members. There is more information on the new visa at the following link.
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by Paul Cutler | Aug 31, 2014 | Uncategorized
This blog moved here from www.paulcutler.blogspot.com.au in September 2014.
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