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78:2015  10 August 2015
Update on Lee case: Subclass 457 review rights restored

A decision by Justice Street in Kandel v Minister for Immigration [2015] FCCA 2013 the Federal Circuit Court in Sydney last Friday has brought some resolution to the problems arising from the Lee case. The Lee case resulted in the Migration Review Tribunal deciding it did not have jurisdiction to review a Subclass 457 visa application refusal if an approved nomination was not in force when the review application was lodged.

Justice Street’s decision is that the AAT has jurisdiction to consider an application for review of a Subclass 457 visa refusal if there is an application for a review or a nomination refusal that identifies the applicant.

Further analysis and commentary on this case will be available when it is published.

ATO data matching - Visa holders, sponsors and RMAs 

The Commissioner for Taxation has gazetted a Notice of a Data Matching Program for visa holders. 

Gazette Notice of Data Matching Program - Immigration Visa Holders Gazette - C2015G01255  will allow the ATO to acquire the names, addresses and other details of visa holders, their sponsors and their migration agents for the 2013-14, 2014-15, 2015-16 and 2016-17 financial years from the Department.

Information will be collected from an estimated 1 million visa holders and include:

  • Address history for visa applicants and sponsors 
  • Contact history for visa applicants and sponsors
  • All visa grants
  • Visa grant status by point in time
  • Migration agents (visa application preparer who assisted or facilitated the processing of the visa)
  • Address history for migration agents
  • Contact history for migration agents
  • All international travel movements undertaken by visa holders (arrivals and departures)
  • Sponsor details (457 visa)
  • Education providers (educational institution where the student visa holder intends to undertake their study)
  • Visa subclass name. 


This information will used to improve the integrity of visa program and compliance overall, reduce immigration fraud and assist in developing strategies to address effective operation and compliance.

A document describing the program is available here.

The MIA has had preliminary discussions with the ATO and has been assured that the revision of the ATO’s risk management profile for registered migration agents earlier this year, which was a result of discussions with the MIA, will be continued in any further data-matching of information from DIBP.

Further information from the ATO will be provided as soon as it is received.


Australian passports - application fees

The Australian Passports (Application Fees) Determination 2015 - F2015L01222 specifies the fees for Australian passport applications, certificates and documents of identity, travel, provisional travel documents and convention travel documents. 

The application costs vary according to various criteria, including:

  • adult, child, age (over 75)
  • length of validity
  • regular or frequent traveller version
  • priority and emergency processing requirement

The new pricing will commence from 1 October 2015.


Australian passports - Determination issue of travel documents and other matters

The Australian Passports Determination 2015 - F2015L01223 remakes the  Australian Passports Determination 2005 and is administered by the Department of Foreign Affairs and Trade. 

This Determination modernises and simplifies the provisions from the previous 2005 Determination by reordering and renumbering the provisions in the 2005 Determination to be consistent the Australian Passports Act. It also embeds the schedules of the 2005 Determination in the body of the new Determination for ease of reference. The provisions of the determination largely the same.

The Determination covers:

  • the issue of travel-related documents;
  • special circumstances for the issue of a passport to a child;
  • competent authorities for making a passport refusal/cancellation request for matters relating to law enforcement, international law enforcement or potential for harmful conduct;
  • offences for the purpose of making a passport refusal/cancellation request;
  • validity periods for different travel documents;
  • concurrent, diplomatic and official passports;
  • when travel documents are not valid;
  • disclosure of personal information for limited purposes;
  • exceptions for a name that may appear on a person’s travel document;
  • waivers and refunds of fees; and
  • delegations and reviewability of decisions.

The Determination provides for the following key amendments:

  • removing the ability to extend convention travel documents and certificates of identity and instead providing that they may be replaced overseas in exceptional circumstances;
  • refining and clarifying the special circumstances where a passport may be issued to a child without full parental consent or an Australian court order;
  • adding offences for the purpose of refusing or cancelling a passport on law enforcement and security grounds;
  • reducing passport validity for persons who have lost or had stolen two or more passports in a five year period;
  • issuing 16 and 17 year olds ten-year validity passports, instead of five-year validity passports; and
  • clarifying that the Department of Foreign Affairs and Trade (the Department) may validate any document provided as evidence of identity or citizenship.

The Determination also repeals Schedule 1 of the Australian Passports Determination 2005.

Foreign Passports - Law Enforcement and Security Determination

The Foreign Passports (Law Enforcement and Security) Determination 2015 - F2015L01224, amends and remakes the 2005 Foreign Passports Determination/

This Determination includes:

  • the competent authorities who can order a foreign travel document to be surrendered
  • ​offences that can initiate a request to surrender a foreign travel document
  • enforcement officer's powers in relation to foreign travel documents
  • process for requesting the Minister to order the surrender of a foreign travel document.


This Determination repeals the Foreign Passports Determination 2005

APEC Business Travel Card - 5 year validity 

The validity of APEC Business Travel Cards (ABTC) will be extended to five years for applications lodged on or after 1 September 2015.  

The ABTC will now offer bona fide business people a five year, short stay, multiple entry visa to other participating member economies and priority lane access at major airports.

Further information on the ABTC can be found here

Sent by Migration Institute of Australia, PO Box Q102, QVB NSW 1230, Australia Level 1, 75 King St, SYDNEY 2000