October at Nomos
The spring weather has been in full gear this month, with temperatures rising towards what looks to be a warm summer. Here’s the Nomos summary of October:
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- On 20 October 2023, the Addendum to the 11th edition of The Administration of the Immigration and Citizenship Programs paper was released to the public, providing an insight into the current migration landscape in Australia as well as the evolving international environment. While much of the paper rehashed issues such as the announced closure of the Pandemic Event visa from August 2023 as well as the establishment of the Aged Care Industry Labour Agreement first announced in May 2023, the paper provided some intriguing insights nevertheless, especially when viewing through a historical lens. According to the paper, the total visa refusal rate (excluding humanitarian visa applications) increased to more than 7% in the 2022-23 migration year. Much of this increase is attributed to the clearing of the substantial backlog of visa applications lodged before and during the pandemic – in many cases, applicants had faced (sometimes drastic) changes to their circumstances, resulting in their inability to meet the relevant requirements. Other reasons for the increase in refusals include changes to the socio-economic status of certain source countries due to the pandemic which, in turn, has impacted the quality of the applications lodged, and also the application of a more robust risk management approach by DHA developed during the pandemic. It is worth noting that during the same period, the total number of visa applications lodged spiked from just over 3 million to just under 8 million. This is reflective of the rolling back of the country’s border closures from the pandemic as well as the government’s renewed commitment to restoring Australia’s migration intake to pre-pandemic levels without sacrificing existing eligibility standards. Also, while most temporary visa categories saw a rise between 31 August 2022 and 31 August 2023, the number of bridging visa holders (excluding BVE holders) almost halved while Temporary Protection visa holders decreased by more than 25%. Both of these changes can be attributed to the Albanese government’s focus on decreasing the visa pipeline and their introduction of a Resolution of Status pathway for some Temporary Protection visa holders. The paper can be viewed in its entirety here.
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- In a joint media release with the Hon. Mark Dreyfus KC MP and the Hon. Clare O’Neil MP, Minister for Immigration, Citizenship and Multicultural Affairs the Hon. Andrew Giles MP announced a new $160 million package intended to bolster the integrity of Australia’s refugee protection system. The media release acknowledges the existing backlogs which serve to significantly delay the process for many Protection visa applicants. Part of the renewed effort to address the issue includes the provision of 10 additional Members to the Administrative Appeals Tribunal (AAT) and also 10 Federal Circuit and Family Court judges. The day after this announcement, Paul Power, CEO of the Refugee Council of Australia, wrote an impassioned letter to Mr Giles expressing appreciation for the Minister’s dedication to tackling the issue, but also noted concern for the fact that many thousands of people have no viable recourse in their immigration matter other than seeking Ministerial intervention.
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- Continuing on the theme of Ministerial intervention, there has been recent coverage on many visa applicants who have found themselves with no other option than to seek the intervention of Minister Giles. This process stems from the Minister’s powers under the Migration Act 1958 (Cth), which allow him to personally intervene in someone’s immigration matter, where there are unique and exceptional circumstances, and where he believes it is in the public interest to do so. An example of this can be seen in the case of 10-year-old Tran Kha Han. A year on from the tragedy of losing her mother in the floodwaters north of Mudgee in regional NSW, she continues her battle to remain in Australia after the death of her mother meant her permanent visa application could no longer be considered. Tran’s mother held a temporary Partner visa, but when her mother’s was tragically cut short, it meant her own chance at a permanent visa was lost. As a dependent on her mother’s visa, Tran has not been able to apply for a permanent visa of her own despite the best efforts of her stepfather. This is exactly the sort of case that may fall within the Ministerial guidelines, and Tran’s representatives are pursuing this on her behalf. The family has started an online petition in the hopes to garner enough support from the Australian community to let Tran remain in Australia with her stepfather. More information on Tran’s ongoing story can be found here. Our solicitors have experience with requests for Ministerial intervention, so get in touch if you or someone you know needs assistance.
- That’s the Nomos wrap-up for October. See you next month!
*This is general information only, as at the date of publication, and should not be interpreted as legal advice. For an accurate and current assessment of your circumstances and visa options, please contact us to receive this advice.
