Migration Law Opinion site

11/12/2024

https://ad.doubleclick.net/ddm/trackclk/N1082449.153075FACEBOOKAU/B32666700.404366966;dc_trk_aid=596548241;dc_trk_cid=222680155;dc_lat=;dc_rdid=;tag_for_child_directed_treatment=;tfua=;gdpr=$%7BGDPR%7D;gdpr_consent=$%7BGDPR_CONSENT_755%7D;ltd=;dc_tdv=1?fbclid=IwZXh0bgNhZW0BMABhZGlkAAAGA-X6hpIBHZAImdzSQLCL1XxW56JiUwmxLGnK2-f9IWCTbIkvn5kGXwCm-ziaCXGrYA_aem_dd-rVgkp2KGZbCspenVdnw

11/12/2024

https://www.theguardian.com/commentisfree/2024/dec/11/women-in-immigration-detention-are-trapped-in-a-system-designed-for-men-many-have-not-hugged-a-family-member-in-years

An Australian Human Rights Commission investigation has found the current risk to women’s health and safety is of urgent concern

03/12/2024

https://blogs.law.ox.ac.uk/border-criminologies-blog/blog-post/2024/12/silent-victim-shining-spotlight-harsh-reality-visa?fbclid=IwZXh0bgNhZW0CMTEAAR0-OgJzr5g4j1ff79MbDKvKMcZn-uxOO1n8zFbfexNicSZ361i0mxhxi0s_aem_Ulkm4FbeREG5JnoqiNIxHw

The Silent Victim: shining a spotlight on the harsh reality of the visa cancellation process for women Author(s) Marianne Van Galen Dickie Louisa Jones Posted 2 December 2024 Time to read 4 Minutes Guest post by Dr Marianne Van Galen Dickie and Louisa Jones. Dr Marianne van Galen Dickie has extensi....

16/10/2024

'The fact that my story could be ripped from the 1970s and transplanted into today's news cycle without missing a beat demonstrates that the fundamental issues remain unchanged.'

31/05/2024

The Liberals' attack and the subsequent media reporting on Direction 99 and the s501 framework should be seen for what they are – misleading, incomplete and not in the interests of Australian families. Approximately 30% of Australia’s population was born overseas, meaning many Australian citizens have partners, parents, sisters, brothers, children, grandchildren, friends and colleagues who are technically non-citizens although they may have lived here for most of their lives. The current character framework does a thorough job of denying entry to those with criminal convictions, cancelling the visas of those who have committed an offence, and keeping those who have yet to have their visa status decided on from being released into the Australian community.

As with any process, some outliers do fall through the cracks, but in such cases the Minister has the power to personally overturn AAT decisions he doesn’t agree with. That he was failing to do so is something he should be personally taking responsibility for, instead of blaming his Department and making a snap decision to issue a new Direction.

The government had an opportunity to stand behind Direction 99, which has been one of the most compassionate, progressive and realistic changes to the character framework since mandatory cancellation was introduced in December 2014. This was an opportunity for Labor to be proud of a change it had made that bettered the lives of Australian families, children and grandchildren who had stood by their non-citizen family members throughout their prison terms and additional (“non-punitive”) terms in immigration detention.

Every time a new Direction is issued, every person waiting for a decision under s501 is forced to wait months longer. People in detention who have finished their prison term must spend months, if not years, waiting to hear if they will get their visa back so they can resume living with their partners, children, siblings, grandchildren.

If Labor really cared about families, they would stand by Direction 99 and use the processes and powers given to the Minister under the Migration Act to overturn decisions they didn’t agree with (despite them already being represented by extremely competent lawyers at the AAT). They would stand by people who had contributed to the Australian community for years by paying taxes, raising children and grandchildren, working for Australian institutions and businesses, employing Australians, paying mortgages and volunteering in the community. Those who didn’t contribute in such a way, generally don’t get their visas back, regardless of what Direction is in place.

Instead, the Minister’s knee-jerk reaction to the Opposition’s feedback shows that he really doesn’t stand for anything.

Alice Graziotti
Special Counsel - Character

26/05/2023

16/02/2023

A Valentine’s Day present from the Minister for Immigration for those on temporary protection visas is a much-anticipated relief for approximately 19,000 refugees in Australia. And while a solution is welcome for these refugees, there remains around a further 10,000 whose status and future is unce...

16/02/2023

https://www.eurekastreet.com.au/australia-ends-decades-long-uncertainty-for-thousands-of-refugees

A very concise and clear explanation of the changes for Refugees

A Valentine’s Day present from the Minister for Immigration for those on temporary protection visas is a much-anticipated relief for approximately 19,000 refugees in Australia. And while a solution is welcome for these refugees, there remains around a further 10,000 whose status and future is unce...

04/01/2023

A recent court ruling may result in the release of about 100 people in immigration detention, but many others may never be so lucky.

08/11/2022

Well worth accessing this excellent article by Sanmati Verma

The most serious problems facing the migration system are internal to it, not the result of nefarious foreign interference.

13/10/2022

This has to happen now…