Staff news

• Consultations in the Philippines

  Managing Partner David Bitel will be in Manila in late February and early March for client consultations.
   
  Mr Bitel will be available to give advice to applicants for all categories of migration to Australia and also for student visas. Applicants for most categories must have English language fluency and need to be aged under 35 years, unless sponsored by relatives.
   
  Applicants wishing to make an appointment should email a résumé with their request for an appointment to Mr Bitel's secretary, Inna Tempra, or ring Inna on tel. +61 2 9286 8700. A consultation fee will apply.

• Consultations in India

  Senior Associate Nigel Dobbie will be travelling to India in March for client consultations. He will visit Mumbai, Ahmedabad (Gujarat), Rajkot, and New Delhi.
   
  Mr Dobbie will be available to give advice to applicants for all categories of migration to Australia and also for student visas. Applicants for most categories must have English language fluency and need to be aged under 35 years, unless sponsored by relatives.
   
  Applicants wishing to make an appointment should email a résumé with their request for an appointment to Mr Bitel's secretary, Ramona Rizkallah, or ring Ramona on tel. +61 2 9286 8700. A consultation fee will apply.

• Seminars & publications
  • On 16 February 2005, Senior Associate Nigel Dobbie gave a NSW Young Lawyers seminar presentation on the topic, "Visa Cancellations under Section 116 of the Migration Act." Solicitor Nicholas McNally chaired the seminar.
     
  • David Bitel was quoted in a Sydney Morning Herald article concerning recent changes to the exercise of ministerial discretion in protection visa cases. "Families being split up, claim refugee groups," 22 January 2005, reproduced on our Asylum Seekers page.
     
  • David Bitel gave a paper at the Conference on Antisemitism in the Contemporary World, Monash University, Melbourne, on the topic: "Perceptions of Bangladeshis living in Australia of Jews, Israel and the conflict in the Middle East."
     
    Mr Bitel's paper has been reproduced on our Articles page.

• Staff movements

  Migration Agent Annette Aitken has commenced her maternity leave. Robert Liu, who is a solicitor and migration agent, will look after Annette's clients in her absence. We wish Annette all the best as she embarks on this new adventure, and look forward to her return later this year.

• Position vacant

  Parish Patience Immigration currently have a secretarial position vacant:
   

  • Legal Secretary (full time)
     
    Must have formal secretarial skills and relevant experience. Computer literate and proficient with MS Office, with strong and efficient organizational skills, can handle pressure for deadlines, ability to deal with clients from all backgrounds and cultures. Excellent command of spoken and written English required; additional language(s) would be an advantage. Must be permanent resident of Australia with work permit.
     
  Applicants interested in joining our friendly and dedicated team are welcome to contact Liz Fernandez, Office Manager via email (no telephone calls please), or fax your résumé to the attention of Ms Fernandez at fax 02-9283-3323.
   

Skilled migration & business entry

• E-lodgements
   
  Parish Patience Immigration are pleased to advise that we are able to assist with e-lodgements for subclass 457 Temporary Business (Long Stay) Visa and other visa subclasses. This should result in faster turnaround time for qualified applicants.
   
• Doctors and subclass 457
   
  From 4 April 2005, sponsors and doctors will be able to apply for subclass 457 Temporary Business (Long Stay) Visa via e-lodgement. Previously overseas doctors obtained a subclass 422 Temporary Medical Practitioner visa. DIMIA's Temporary Medical Practitioner information page (www.immi.gov.au/allforms/tmp/index.htm) will be updated in March 2005 to reflect the changes.
   
  Source: DIMIA NSW Business Centre email 14 January 2005. For additional information, we invite you to contact Sharon McCabe, Migration Agent.
   
• Vehicle mechanics wanted
   
  An employer in the business of repairing passenger and commercial light vehicles has asked us to advise that it has job openings for qualified mechanics.
   
  The positions require technical knowledge of Holden, Nissan, Mazda, Daihatsu and Landrover vehicles. Would suit qualified offshore applicants seeking temporary residence visa and onshore applicants.
   
  For additional information, please contact Nigel Dobbie.
   
• South Australia SIR update
   
  • Immigration South Australia has announced new electronic lodgement processes for Skilled Independent Regional (SIR) sponsorship applications. Paper applications will not be accepted after 28 February 2005.
     
    Full details at www.immigration.sa.gov.au (follow link on the left side to Application Forms - SIR Application)
     
  • Applicants will not meet requirements for State sponsorship unless they have sufficient funds to sustain themselves and their family while they relocate and find suitable employment. Applicants are reminded that they are not entitled to Social Security benefits until they have permanently resided in Australia for two years.
     
  For additional information about Skilled Independent Regional (SIR) visas, we invite you to contact Rania Skaros, Solicitor.
   
• Skilled migration success
   
  The Department of Immigration and Multicultural and Indigenous Affairs has released a number of new reports demonstrating the success of the skilled migration and business entry programs:
   
  
  • "Better outcomes for recent migrants," Media Statement VPS 015/2005, 13 January 2005;
     
  • "New migrants achieving good outcomes," Media Statement VPS 014/2005, 13 January 2005;
     
  • "Changing Labour Force Experience of New Migrants" - research report January 2005;
     
  • "The Changing Settlement Experience of New Migrants" - research report January 2005;
     
  • "Comparison of Australian and Canadian Immigration Policies and Labour Market Outcomes" - research report October 2004
     
• Canada update
   
  Canadian lawyer Sergio Karas has written an extensive article: "Getting foreign workers into Canada," (Canadian HR Reporter, 31 January 2005). Mr Karas, a certified specialist in Canadian immigration law, is an agent of Parish Patience Immigration for the purpose of assisting interested applicants with enquiries about Canadian visas and migration.
   
  We invite you to visit website of Karas & Associates at www.karas.ca, or to contact David Bitel, if you would like further information.
   

Students

• Urgent attention: points to increase soon
   
  The points qualifying score for overseas students applying for certain onshore Skilled Migration visas will be increased from 1 April 2005. Under current law, to maximise your chances of becoming an Australian Permanent Resident, you should lodge your application before 31 March 2005. You must act quickly to meet the deadline.
   
  For additional information about permanent residence for international students, we invite you to contact Diana Tong or Nigel Dobbie.
   
• Assessment level easier for some applicants
   
  From 1 April 2005, it will be easier for applicants from certain countries to obtain Student Visas. The English language and financial test for student visa applicants from certain countries will become lower (easier), with a change to some country classifications.
   
  • "Student visa changes for 1 April 2005," Information for Education Providers, 13 January 2005 (includes link to table showing the changes)
     
  • "Student visa reform success," Media Release VPS 016/2005, 12 January 2005
     
  • "International student enrolments continue to grow," Australian Education International media release, 16 February 2005
     
• Assessment as medical scientist
   
  The Australian Institute of Medical Scientists (AIMS) is the body that assesses applicants wishing to migrate to Australia as medical scientists or medical laboratory technical officers. There are twelve medical laboratory science courses that have been accredited by AIMS; these are listed on the AIMS website www.aims.org.au.
   
  Additional information on our Students page.
   
• Pacific College of Technology
   
  Parish Patience Immigration have entered into an agency and referral agreement with Pacific College of Technology, Sydney, to assist students.
   
  For additional information about Pacific College of Technology, and other institutions with which we have referral arrangements, we invite you to contact Diana Tong.
   
• Students settling permanently
   
  The Department of Immigration has released its annual statistical report, "Population Flows: Immigration Aspects." The Minister for Immigration and Multicultural and Indigenous Affairs, Senator Vanstone, has highlighted the success of the student visa program, both in terms of the increased numbers of students coming to Australia to study, and the large numbers of students being granted permanent skilled migration visas.
   
  Related:
   
  • "Thousands of temporary entrants chose to call Australia home," Media Release VPS 021/2005, 20 January 2005;
     
  • "Student visa reform success," Media Release VPS 016/2005, 12 January 2005;
     
  • "Foreign students settle," The Age, 22 January 2005 (available from Fairfax Newsstore);
     
  • Population Flows: immigration aspects 2003-04 (released January 2005)
  
   
• Permanent residents hit with upfront fees
   
  Effective 1 January 2005, most Australian permanent residents and New Zealand citizens wishing to attend Australian universities are no longer able to defer their university fees through the Higher Education Contribution Scheme (HECS). Most permanent residents and New Zealand citizens will still be paying a lower fee compared with international students, however they will no longer be able to defer payment via HECS.
   
  The new arrangements should encourage more Australian permanent residents to consider taking out Australian citizenship.
   
  Additional information is available at www.goingtouni.gov.au, or we invite you to contact Robert Liu, Solicitor.
   

For more information about student visas and permanent visas for students, we invite you to visit our Students webpage, or to contact Diana Tong, Partner.

Visitors and working holiday makers

• Sponsored family visitor
   
  Changes to the Regulations on 23 December 2004 mean that a Sponsored Family Visitor (Short Stay) visa (subclass 679) will have the potential to be for 12 months duration. Previously the limit was 3 months. The visa carries a mandatory "No Further Stay" condition.
   
  For additional information about Sponsored Family Visitor and other types of family visas, we invite you to contact David Bitel.
   
• Working holiday makers update
   
  Recently released statistics show that approximately 93,000 working holiday maker visas were issued last year. Recent WHM agreements with France, Italy, Belgium, Taiwan and Estonia will provide a further boost to the Australian economy, according to the Immigration Minister, Senator Vanstone.
   
  Related:
   
  • "Working holiday makers boost Australian economy," Media Release VPS 018/2005, 14 January 2005
     
  • "Australia and United Kingdom formalise working holiday maker arrangement," Ministerial Press Statement VPS 032/2005, 10 February 2005
     
  • Additional information, including complete list of eligible countries: http://www.immi.gov.au/allforms/visiting_whm.htm.
     

Asylum seekers and refugees

• Refugees update
   
  • Recent media releases of interest:
     
    • "Australia welcomes African refugees to their new home," Minister's Press Statement VPS 020/2005, 18 January 2005
       
    • "Australia's refugee program helping women at risk," Minister's Press Statement VPS 019/2005, 14 January 2005
       
    • "Australia's humanitarian excellence," Minister's Press Statement VPS 012/2005, 10 January 2005
       
  • Families being split up
     
    The Federal Government has been accused of splitting up families after intervening in only 3 per cent of protection visa cases in the past three months.
     
    The Minister for Citizenship and Multicultural Affairs, Peter McGauran, appears to be taking a much harder line than former immigration ministers, in cases where foreign applicants already living in Australia seek to stay in the country on humanitarian grounds.
     
    David Bitel is the Managing Partner of Parish Patience Immigration, and the President of the Refugee Council of Australia. His comments on this issue are included in an article in The Sydney Morning Herald: "Families being split up, claim refugee groups," (pdf) by Elizabeth Bowron, 22 January 2005 (reproduced on our website with the kind permission of Elizabeth Bowron and The Sydney Morning Herald).
     
  • 2005-06 Humanitarian program discussion paper
     
    The Minister for Immigration, Senator Vanstone, has released the 2005-06 Humanitarian Program Discussion Paper. Submissions addressing the paper were requested by 31 January 2005. David Bitel advises that the Refugee Council of Australia has made a submission, which will be available on the RCOA website in the near future.
     
    The Discussion Paper is available at www.minister.immi.gov.au/consultations/index.htm
     
• Country reports
   
  Recent country reports of interest:
   
  • Human Right Watch World Report 2005, released January 2005
     
  • Reporters Without Borders Annual Roundup 2004, released 5 January 2005
     
  • Report on Global Anti-Semitism, released 5 January 2005 by United States Department of State
     
  • Europe
     
    • "Harmonisation of EU asylum and immigration law" - paper on how this process will affect Australian policy and practice, by Refugee Council of Australia, January 2005
       
    • "Europe: discrimination against Roma" - Amnesty International Media Briefing, 1 February 2005
       
    • "UN refugee chief calls on Europe to develop comprehensive strategy on asylum," UN News Service, 31 January 2005
       
    • "UN refugee agency, European Commission sign accords boosting cooperation on asylum laws," UN News Service, 15 February 2005
       
  • Nepal
     
    On 1 February, the King of Nepal dismissed his country's government. The situation may have consequences for protection visa applicants from Nepal.
     
    Applicants from Nepal are invited to contact Nick McNally, Solicitor.
     
    See also: "The Current status of civil society in Nepal: a role for the Commonwealth?" - speech by David Bitel, February 2002.
     
• Mandatory detention

  Recently a German-speaking woman was found to have spent 6 months in jail and 4 months in immigration detention, before it was discovered that she is a long-time permanent resident of Australia who is mentally ill. The Minister for Immigration, Senator Vanstone, announced details of an inquiry into the case on 8 February 2005.
   
  David Bitel has this to say: "Unlimited and indefinite detention is the root cause of the problem. What is needed is a return to the system of judicial review every 28 days of everyone in the Detention system. This existed pre 1989. The Federal Magistrates Court is an obvious place for this periodic review to occur."
   
  Related:
   

  • "Cornelia Rau inquiry," Ministerial Press Statement VPS 030/2005, 8 February 2005
     
  • "DIMIA Secretary assures full cooperation in inquiry," DIMIA Press Statement DPS 002/2005, 8 February 2005
     
  • "Statement re inquiry into permanent resident in immigration detention," Ministerial Press Statement VPS 029/2005, 6 February 2005
     
  • "HREOC welcomes independent inquiry into circumstances surrounding Ms Rau's detention," Human Rights and Equal Opportunity Commission media release, 7 February 2005
     
  • "Baxter imprisonment needs immediate investigation," Media Statement by Opposition Minister for Immigration, Hon. Laurie Ferguson, 4 February 2005
     
  • "Amnesty [International Australia] calls for regular detainee reviews," Sydney Morning Herald, 8 February 2005 (available from Fairfax Newsstore)
     
  • Senate Legal and Constitutional Legislation Committee, Estimates Hearings (pdf - 126 pages), 15 February 2005
     
• Other human rights news
   
  Recent media releases of interest:
   
  • New Australian framework for human rights
     
    The Australian Government has finalised a National Framework for Human Rights - National Action Plan, reflecting the Government's commitment to the Universal Declaration of Human Rights. The document is available at www.ag.gov.au and www.dfat.gov.au, and will be lodged with the United Nations.
     
    "New Australian framework for human rights," Attorney-General and Minister for Foreign Affairs Joint Media Release, 23 December 2004
     
  • "60 Years since liberation of Auschwitz," Minister for Citizenship and Multicultural Affairs Media Release, 26 January 2005
     
  • "Racism un-Australian," Minister for Citizenship and Multicultural Affairs Media Release, 20 January 2005
     
  • "New website promotes harmony," Minister for Citizenship and Multicultural Affairs Media Release, 20 January 2005
     
  • "Annan calls for broader accession to Convention on Migrant Rights," UN News Service, 18 December 2004
     
  • The Spanish parliament is considering a bill on registered partnership for same-sex couples. The Bill was part of the governmental agreement following the recent Spanish election.
     
    Source: ILGA-Europe Euro-Letter No. 116, October 2004 (www.steff.suite.dk/eurolet.htm)
     

Other government and immigration news

• Changed arrangements for Thailand & Vietnam
   
  Effective in January 2005, new Australian visa application and collection centres have been established for Vietnam and Thailand.
   
  Information for Vietnam: www.vietnam.embassy.gov.au
   
  Information for Thailand: www.immi.gov.au/contacts/overseas_t.htm
   
  Mr Thong Nguyen is a Migration Agent and also a NAATI accredited Vietnamese translator. Applicants with queries about visas or migration from Vietnam are invited to contact Thong Nguyen.
   
• Assurance of Support
   
  Centrelink has provided migration agents with a checklist of documentation for assurer applicants. Additional information and factsheets are available at www.centrelink.gov.au.
   
  For more information about the Assurance of Support requirement, we invite you to contact Thong Nguyen, Migration Agent.
   
• DIMIA fees and charges
   
  In response to user feedback, DIMIA has revised its Charges (Fees) webpage - www.immi.gov.au/allforms/990i.htm. This page includes comprehensive information about DIMIA fees and charges, as well as a handy currency converter.
   
• Statistics, research and reports
   
  Several new reports have been released, detailing the increase in migration over the past ten years. Regarding illegals, Americans and Britons made up the bulk of overstayers, comprising one fifth of all visa overstayers last year.
   
  Further information:
   
  • "Most arrivals in a decade to Australia," Ministerial Press Statement VPS 003/2005, 10 January 2005
     
  • "Thousands of temporary entrants chose to call Australia home," Ministerial Press Statement VPS 021/2005, 20 January 2005
     
  • "Prosperous immigrants don't fit their stereotypes," Sydney Morning Herald, 22 January 2005
     
  • "Migrants, refugees in new peak," The Age, 10 January 2005
     
  • "Poms and Yanks make up majority of illegal immigrants," AAP, 21 January 2005
     
  • "Changing Labour Force Experience of New Migrants" - research report 12 January 2005
     
  • "The Changing Settlement Experience of New Migrants" - research report 12 January 2005
     
  • "Year Book Australia 2005" - by Australian Bureau of Statistics
     
  • DIMIA Statistical Publications - includes links to Population Flows and Immigration Update, both released January 2005
     
• Citizenship update
   
  The Minister for Citizenship and Multicultural Affairs, Mr McGauran, issued several media releases highlighting citizenship ceremonies held on Australia Day (January 26). With recent changes mooted for the Australian Citizenship Act, combined with changes to the university fees scheme (HECS) for non-citizens, permanent residents may wish to consider becoming Australian citizens.
   
  Related:
   
  • Minister for Citizenship and Multicultural Affairs media releases - www.minister.immi.gov.au/cam/
     
  • DIMIA Factsheet 90: Australian Citizenship - www.immi.gov.au/facts/90citizenship.htm (revised 20 January 2005)
     
  For additional information about Australian citizenship, we invite you to contact Nigel Dobbie, Senior Associate.

Legislation update

New website - Commonwealth Legislation and Legislative Instruments

The Attorney-General's Department has developed a new legislative repository that will eventually replace SCALEplus. The new system, known as ComLaw (http://www.comlaw.gov.au), became available online on 1 January 2005. It contains:

• Commonwealth primary legislation, as well as other ancillary documents and information, in electronic form, and
   
• The new Federal Register of Legislative Instruments (FRLI) which was established on 1 January 2005 under the Legislative Instruments Act 2003 as the authoritative source for legislative instruments and compilations of legislative instruments.

From 1 January 2005 all new primary and subordinate legislation that is made will be published on ComLaw/FRLI as relevant, not to SCALEplus. However, SCALEplus (http://scaleplus.law.gov.au) will continue to be available to users until all relevant material, including historical material, is migrated to ComLaw.

Commonwealth Bills

A number of Bills relevant to immigration law were before Parliament when the election was called. Those Bills which had not yet passed when Parliament was prorogued will have to be reintroduced if the Government still wishes to pass them.
 
Below is a summary of relevant legislation proposed for the Autumn 2005 Sittings of Parliament. The full list of proposed legislation is available from www.pmc.gov.au.

Once they have been introduced into Parliament, full text of Bills, Explanatory Memoranda, 2nd Reading Speeches and Bill Digests will be available in the Parliament Bills Index. Parliament next sits beginning 7 March 2005.

• Australian Human Rights Commission Legislation Bill
   
  - restructure, refocus and rename the Human Rights and Equal Opportunity Commission
   
• Family Law (Same Sex Adoption) Amendment Bill
   
  - make clear that adoptions by same sex couples of children from overseas under either bilateral or multilateral arrangements will not be recognised in Australia
   
• Legislative Instruments (Technical Amendments) Bill
   
  - amend a wide range of legislation to remove references to repealed provisions of the Acts Interpretation Act 1901 and Statutory Rules Publication Act 1903 and insert references to the successor provisions in the Legislative Instruments Act 2003 and the Acts Interpretation Act 1901
  - insert a definition of legislative instruments into the Acts Interpretation Act 1901
   
• Migration Litigation Reform Bill
   
  - implement the government's comprehensive legislative package of migration litigation reforms
  - improve the overall efficiency of migration litigation, including the quicker handling of migration cases by, amongst other things, directing migration cases to the Federal Magistrates Court and streamlining judicial review of migration decisions
  - implement reforms to court processes to reduce delays
  - deter the bringing of unmeritorious applications for judicial review of migration decisions
   
• Australian Citizenship Legislation Amendment Bill
   
  - amend the Australian Citizenship Act 1948 to improve the integrity and equity of the citizenship process; to substitute simplified provisions; to restructure and tidy up the Act and to ensure that the Act is an exhaustive statement of Australian citizenship
   
• Migration Amendment (Employer Sanctions) Bill
   
  - amend the Migration Act 1958 to introduce sanctions to discourage business owners, employers and labour suppliers from recruiting illegal workers
   
• Migration Amendment (Migration Zone) Bill
   
  - amend the Migration Act 1958 to provide greater certainty in the definition of "migration zone";
  - clarify detention powers to remove persons to a place outside Australia
   
• Migration Legislation Amendment (Border Protection and Visa Integrity) Bill
   
  - implement measures to strengthen border protection and the integrity of the visa program
   
• Migration Legislation Amendment (Information Management) Bill
   
  - amend the Migration Act 1958 to strengthen the provisions relating to the flow of information
   

Commonwealth Acts
 
The Australian Passports legislation originally introduced in 2004 has passed through Parliament and received Royal Assent on 18 February 2005:

• Australian Passports Act 2005 No 5
   
• Australian Passports (Application Fees) Act 2005 No 6
   
• Australian Passports (Transitionals and Consequentials) Act 2005 No 7
   

New Regulations
 
Full text of Regulations and Explanatory Statements are available at ComLaw. See also DIMIA's summaries of legislative change at http://www.immi.gov.au/legislation/amendments/index.htm

• Migration Amendment Regulations 2004 (No 8) 2004 No 390, gazetted 23 December 2004
   
• Migration Agents Amendment Regulations 2004 (No 2) 2004 No 391, gazetted 23 December 2004
   
• High Court Rules 2004 No 304, effective 1 January 2005
   
• Federal Court Amendment Rules 2004 (No 5) 2004 No 407, gazetted 23 December 2004
   

South Australia

• The Statutes Amendment (Relationships) Bill 2004 (SA) received its Second Reading Speech on 9 November 2004. This Bill aims to amend the South Australian Family Relationships Act and De Facto Relationships Act to remove legislative discrimination against same-sex couples.
   
  South Australian legislation and Hansard (Parliamentary Debates) are found at www.parliament.sa.gov.au.
   
  Source: CCH Australian De Facto Relationships Law Newsletter December 2004

Recent case law

Following is a brief outline of recent developments. Transcripts of High Court hearings and full text of decisions are available on Austlii.

High Court

• Pending in the High Court
   
  Currently pending in the High Court, from the High Court Bulletin:
   
  • Ruhani v Director of Police through the Secretary of Justice as Director of Public Prosecutor (C8/2004)
     
    Constitutional law - whether High Court has jurisdiction to hear and determine appeals from Supreme Court of Nauru - whether Nauru (High Court Appeals) Act 1974 (Cth) is invalid because it purports to confer on the High Court of Australia judicial power that is not part of the judicial power of the Commonwealth within Ch III of the Constitution - whether the jurisdiction provided for by the Act is original jurisdiction and is conferred under s 76(ii) in a matter arising under a law made by the Parliament pursuant to s 51(xxix) and/or s 51(xxx) of the Constitution - whether the appeal to the High Court is a matter arising under the Treaty and falls within jurisdiction conferred by s 75(i) of the Constitution - if jurisdiction conferred by the Act is appellate in character, whether s 73 of the Constitution is exhaustive of High Court's appellate jurisdiction. Appealed from Supreme Court of Nauru.
     
    Date heard: 10 November 2004. Orders pronounced 9 December 2004. Reasons to be published.
     
  • Ruddock & Anor v Taylor (S542/2003)
     
    Tort - wrongful imprisonment - respondent's visa cancelled - respondent detained under s 189(1) Migration Act 1958 (Cth) ('the Act') - visa later restored by consent order and respondent released - visa again cancelled and applicant arrested - respondent released by order of High Court in Re Patterson; ex parte Taylor (2001) 207 CLR 391 - respondent commenced proceedings for wrongful imprisonment - damages awarded to respondent - whether Court of Appeal erred in finding decision of applicants to cancel visa met element of directness of proximate clause for purposes of tort of wrongful imprisonment - whether Court of Appeal erred in finding decision to cancel visa involved intention to detain respondent - whether Court of Appeal erred in finding visa cancellation rendered applicants liable for wrongful imprisonment with respect to subsequent detention of respondent - whether cancellation under s 501 of the Act subsequently found to be beyond power renders applicants personally liable for imprisonment resulting from separate exercise of power of 'officer' under s189 of the Act. Appealed from NSW Court of Appeal.
     
    Date heard: 8 October 2004. Special leave granted.
     

Federal Court - Full Court

• Sidhu v Migration Review Tribunal [2004] FCAFC 341 (22 December 2004)
   
  Migration Review Tribunal - refusal of application for student (temporary) visa - whether applicant a genuine applicant for entry and stay as a student - whether jurisdictional error in Tribunal's decision. Appeal allowed, with costs to the Applicant.
   
• NADH v MIMIA [2004] FCAFC 328 (22 December 2004)
   
  Application for protection visa by Chinese nationals - jurisdictional error - the decision of the Refugee Review Tribunal affected by apprehended bias - also lack of satisfaction reached by the Refugee Review Tribunal not lawful, but arbitrary and capricious. Appeal allowed, with costs to the Appellants.
   

Federal Court - Single Judge

• NAVZ v MIMIA [2005] FCA 13 (21 January 2005)
   
  Application for judicial review of decision of Refugee Review Tribunal - alleged persecution by reason of religion - application for review of decision refusing application for protection visa - where applicant was a member of the Church of Scientology in Russia - where applicant claimed mistreatment by officials because he was a Scientologist - whether failure to make findings on material matters amounted to a jurisdictional error - whether Tribunal fundamentally misunderstood legal principle in finding that the 1997 'Law of Religion' in Russia was appropriate and adapted to achieving a legitimate object of the State. Application allowed; respondent to pay applicant's costs.
   

Administrative Appeals Tribunal

• Liu and Ors and Minister for Immigration, Multicultural and Indigenous Affairs [2004] AATA 1397 (24 December 2004)
   
  Business skills visa - whether applicant has obtained a substantial ownership interest in an eligible business - whether applicant has actively participated at a senior level in the day-to-day management of the eligible business - decision set aside.
   

UK

• A (FC) and others (FC) v Secretary of State for the Home Department [2004] UKHL 56, 16 December 2004

  The House of Lords has ruled that indefinite detention of terrorism suspects is a breach of the UK Human Rights Act and of the European Convention on Human Rights. The decision would not be applicable in Australia, which is not governed by similar legislation.
   

• NS (Social group - women - forced marriage) Afghanistan CG [2004] UKIAT 00328, 30 December 2004
   
  In this case the UK Immigration Appeals Tribunal has found that women in Afghanistan comprise a particular social group. It also found that while the applicant would not be persecuted in Kabul, internal relocation there would be "unduly harsh". The Tribunal also found that there is insufficiency of protection of single women by the authorities in Afghanistan, as single women without a male "protector" cannot expect protection from the police.
   

WorldLII International Courts & Tribunals Project

• The World Legal Information Institute (WorldLII) has released a new database of decisions from more than 20 international courts and tribunals. The full list of databases and search facility are found at www.worldlii.org/int/cases/
   

Diary dates

• February 26 - March 8, 2005: David Bitel consultations in Manila. Applicants wishing an appointment need to contact Mr Bitel's secretary, Inna Tempra
   
• March 2005: Nigel Dobbie consultations in India. Applicants wishing an appointment need to contact Mr Dobbie's secretary, Ramona Rizkallah
   
• March 20-24, 2005: LAWASIAdownunder2005, Gold Coast, Queensland. More information at www.lawasiadownunder.com
   
• March 30 - 2 April 2005: "New world order or world in disorder? Testing the limits of international law," American Society of International Law (ASIL) annual meeting. More information available from www.asil.org
   
• April & November 2005: Four-day course, "Mediation @ Melbourne Law," offered jointly by the Faculty of Law and the International Conflict Resolution Centre at the University of Melbourne. The course deals with interest-based mediation and emphasises both theoretical and practical aspects of dispute management. Closing dates for applications are 25 March for the April course; 29 October for the November course. More information available from www.psych.unimelb.edu.au/icrc/courses/law_course.html
   
• April 9-10, 2005: Migration Institute of Australia national conference, Sydney. More information from www.mia.org.au
   
• June 11-19, 2005: Summer Course on Refugee Issues, York University Centre for Refugee Studies, Toronto, Canada. More information from www.yorku.ca/crs/summer.htm
   
• June 22-26, 2005: American Immigration Lawyers Association annual conference in Salt Lake City, Utah USA. Nigel Dobbie plans to attend. More information from www.aila.org
   
• September 20-30, 2005: International Bar Association annual conference in Prague, Czech Republic. David Bitel plans to attend. More information from www.ibanet.org
   
• November 10-11, 2005: Joint ILPA/IBA/AILA Business Immigration conference in London, UK. David Bitel plans to attend. More information from www.ibanet.org, www.aila.org or www.ilpa.org.uk
   
• Refugee Council of Australia Coming Events - includes notice of several Humanitarian Practice training courses
   
• United Nations Association of Australia 'Diary Dates'
   

Reader contributions of upcoming events may also be submitted to the Editor.

Quote of the month
 

" Become the change you want to see in the world."

-- Mahatma Gandhi

We welcome reader contributions of quotable quotes to the Editor.

Contact us

Parish Patience Immigration
Lawyers
Level 1, State Street Centre
338 Pitt Street
SYDNEY NSW 2000
AUSTRALIA

Tel: +61 2 9286 8700
Fax: +61 2 9283 3323
Web: www.ppilaw.com.au

Registered Migration Agents 9255523, 9359088, 9370721,
9800540, 9802999, 0004435, 0106541, 0322836, 0425543, 0426524

Liability is limited by the Solicitors Scheme under the Professional
Standards Act 1994 (NSW)

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