President Trump still doesn't have outright victory for his policy of banning Muslim entry to USA and the legal fight opposing these bans enters its second year

The legal fight against President Donald J. Trump’s Muslim travel bans ended 2017 with another victory for the State of Hawaii et al and the fight now enters its second year on 3 February 2018.

United States Courts of Appeals – Ninth Circuit, STATE OF HAWAII; ISMAIL ELSHIKH; JOHN DOES, 1 & 2; MUSLIM ASSOCIATION OF HAWAII, INC., Plaintiffs-Appellees, v. DONALD J. TRUMP, in his official capacity as President of the United States; U.S. DEPARTMENT OF HOMELAND SECURITY; KIRSTJEN M. NIELSEN, in her official capacity as Secretary of Homeland Security; U.S. DEPARTMENT OF STATE; REX W. TILLERSON, in his official capacity as Secretary of State; UNITED STATES OF AMERICA, 22 December 2017:

For the third time, we are called upon to assess the legality of the President’s efforts to bar over 150 million nationals of six designated countries1 from entering the United States or being issued immigrant visas that they would ordinarily be qualified to receive. To do so, we must consider the statutory and constitutional limits of the President’s power to curtail entry of foreign nationals in this appeal of the district court’s order preliminarily enjoining portions of § 2 of Proclamation 9645 entitled “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats” (the “Proclamation”).

The Proclamation, like its predecessor executive orders, relies on the premise that the Immigration and Nationality Act (“INA”), 8 U.S.C. § 1101 et seq., vests the President with broad powers to regulate the entry of aliens. Those powers, however, are not without limit. We conclude that the President’s issuance of the Proclamation once again exceeds the scope of his delegated authority. The Government’s interpretation of 8 U.S.C. § 1182(f) not only upends the carefully crafted immigration scheme Congress has enacted through the INA, but it deviates from the text of the statute, legislative history, and prior executive practice as well.

Further, the President did not satisfy the critical prerequisite Congress attached to his suspension authority: before blocking entry, he must first make a legally sufficient finding that the entry of the specified individuals would be “detrimental to the interests of the United States.” 8 U.S.C. § 1182(f). The Proclamation once again conflicts with the INA’s prohibition on nationality-based discrimination in the issuance of immigrant visas. Lastly, the President is without a separate source of constitutional authority to issue the Proclamation.

On these statutory bases, we affirm the district court’s order enjoining enforcement of the Proclamation’s §§ 2(a), (b), (c), (e), (g), and (h). We limit the scope of the preliminary injunction, however, to foreign nationals who have a bona fide relationship with a person or entity in the United States…..

For all of these reasons, we affirm in part and vacate in part the district court’s preliminary injunction order. We narrow the scope of the injunction to give relief only to those with a credible bona fide relationship with the United States, pursuant to the Supreme Court’s decision in IRAP, 137 S. Ct. at 2088. In light of the Supreme Court’s order staying this injunction pending “disposition of the Government’s petition for a writ of certiorari, if such writ is sought,” we stay our decision today pending Supreme Court review. Trump v. Hawai‘i, No. 17A550, — S. Ct. —, 2017 WL 5987406 (Dec. 4, 2017). Because we conclude that Plaintiffs have shown a likelihood of success on their statutory claims, we need not reach their constitutional claims.

Video of closing argument on behalf of Plaintiffs-Appellees:

https://www.c-span.org/video/?c4701602/hawaiivtrump3closing

The matter is ongoing in 2018.

Background can be found at University of Michigan Law School, Civil Rights Litigation Clearing House.

Deaths caused by Australian immigration policies in 2017

Monash University, Border Crossing Observatory:

The Australian Border Deaths Database maintains a record of all known deaths associated with Australia’s borders since 1 January 2000.

The database was begun by Professor Sharon Pickering and Associate Professor Leanne Weber as part of BOb’s Deaths at the Global Frontier project, culminating in the publication of the book Globalization and Borders: Death at the Global Frontier in 2011.

The Border Crossing Observatory continues to periodically update The Australian Border Deaths Database in line with the methodology detailed in Globalization and Borders: Death at the Global Frontier. 

The most recent version records deaths at the Australian frontier for the period 1 January 2000 – August 2017, with a recorded 1,995+ border deaths. [my yellow bolding]

Deaths in 2017 to date:

8-Mar-17 New Zealander, male - suspected suicide by hanging in Maribyrnong Immigration Detention Centre.

7-June-17 Matthew Taylor, New Zealander, male - committed suicide in New Zealand, a year and a half after his deportation under s501 of the Migration Act. He was in a desperate situation in New Zealand with limited support and ties to the country following his return. He moved to Australia with his family as a toddler and had never left Sydney until his deportation following his prison sentence for a string of minor offences. He has a young child in Sydney and his immediate family still live there.

3-July-17 (week beginning) Majid Hassanloo (brother of Saeed Hasanloo), 39 years old, Iranian, male - found dead in the house he was minding in Sydney from a suspected drug overdose. Majid was released from detention in December 2015 but was not offered adequate support. His psychological deterioration was profound.

7-Aug-17 Hamed Shamshiripour, 31 years old, Iranian, male - found dead in the forest near the Australian-run East Lorengau refugee transit centre on Manus Island. Suspected suicide.

The travesty that is Australia's asylum seeker offshore detention policy -"If they had arrived by airplane and with a tourist visa then they would be here."

It seems the truth will out.

After the United States completes its vetting of asylum seekers held in overseas detention by the Australian Government it is not obliged to take even one of those individuals U.S. immigration officials have examined.

In May 2017 the Department of Immigration and Border Protection confirmed 268 people had completed their second-stage security interview with US officials: 220 in Nauru and 48 on Manus Island.

U.S. immigration officials halted screening interviews and departed Nauru on 14 July 2017, two weeks short of their scheduled timetable and a day after Washington said the US had reached its annual refugee intake cap.

However, under the original agreement once that vetting is completed Australia becomes obliged to resettle between 20 and 50 people under a U.S. "Protection Transfer Arrangement" in Costa Rica set up to resettle refugees from El Salvador, Honduras and Guatemala.

Prime Minister Turnbull verbally changed that undertaking to an open-ended number of people the Trump Administration might be “very keen on getting out of the United States”.

There is no indication that the U.S. Government intends to complete its vetting of those detained on Nauru and Manus islands.

The Washington Post, 3 August 2017:

The Washington Post has obtained transcripts of two conversations President Trump had with foreign leaders: one with Mexican President Enrique Peña Nieto and another with Australian Prime Minister Malcolm Turnbull.

The transcripts were prepared by the White House but have not been released. The Post is publishing reproductions rather than original documents in order to protect sources. The reproductions below also include minor spelling and grammatical mistakes that appeared in the documents………………

JANUARY 28, 2017 FROM 5:05 TO 5:29 P.M. EST.

TURNBULL

Good evening.

TRUMP

Mr. Prime Minister, how are you?

TURNBULL

I am doing very well.

TRUMP

And I guess our friend Greg Norman, he is doing very well?

TURNBULL

He is a great mutual friend yes.

TRUMP

Well you say hello to him. He is a very good friend. By the way thank you very much for taking the call. I really appreciate it. It is really nice.

TURNBULL

Thank you very much. Everything is going very well. I want to congratulate you and Mike Pence on being sworn in now. I have spoken to you both now as you know. I know we are both looking to make our relationship which is very strong and intimate, stronger than ever – which I believe we can do.

TRUMP

Good.

TURNBULL

I believe you and I have similar backgrounds, unusual for politicians, more businessman but I look forward to working together.

TRUMP

That is exactly right. We do have similar backgrounds and it seems to be working in this climate – it is a crazy climate. Let me tell you this, it is an evil time but it is a complex time because we do not have uniforms standing in front of us. Instead, we have people in disguise. It is brutal. This ISIS thing – it is something we are going to devote a lot of energy to it. I think we are going to be very successful.

TURNBULL

Absolutely. We have, as you know, taken a very strong line on national security and border protection here and when I was speaking with Jared Kushner just the other day and one of your immigration advisors in the White House we reflected on how our policies have helped to inform your approach. We are very much of the same mind. It is very interesting to know how you prioritize the minorities in your Executive Order. This is exactly what we have done with the program to bring in 12,000 Syrian refugees, 90% of which will be Christians. It will be quite deliberate and the position I have taken – I have been very open about it – is that it is a tragic fact of life that when the situation in the Middle East settles down – the people that are going to be most unlikely to have a continuing home are those Christian minorities. We have seen that in Iraq and so from our point of view, as a final destination for refugees, that is why we prioritize. It is not a sectarian thing. It is recognition of the practical political realities. We have a similar perspective in that respect.

TRUMP

Do you know four years ago Malcom, I was with a man who does this for a living. He was telling me, before the migration, that if you were a Christian from Syria, you had no chance of coming to the United States. Zero. They were the ones being persecuted. When I say persecuted, I mean their heads were being chopped off. If you were a Muslim we have nothing against Muslims, but if you were a Muslim you were not persecuted at least to the extent – but if you were a Muslim from Syria that was the number one place to get into the United States from. That was the easiest thing. But if you were a Christian from Syria you have no chance of getting into the United States. I just thought it was an incredible statistic. Totally true – and you have seen the same thing. It is incredible.

TURNBULL

Well, yes. Mr. President, can I return to the issue of the resettlement agreement that we had with the Obama administration with respect to some people on Nauru and Manus Island. I have written to you about this and Mike Pence and General Flynn spoke with Julie Bishop and my National Security Advisor yesterday. This is a very big issue for us, particularly domestically, and I do understand you are inclined to a different point of view than the Vice President.

TRUMP

Well, actually I just called for a total ban on Syria and from many different countries from where there is terror, and extreme vetting for everyone else – and somebody told me yesterday that close to 2,000 people are coming who are really probably troublesome. And I am saying, boy that will make us look awfully bad. Here I am calling for a ban where I am not letting anybody in and we take 2,000 people. Really it looks like 2,000 people that Australia does not want and I do not blame you by the way, but the United States has become like a dumping ground. You know Malcom, anybody that has a problem – you remember the Mariel boat lift, where Castro let everyone out of prison and Jimmy Carter accepted them with open arms. These were brutal people. Nobody said Castro was stupid, but now what are we talking about is 2,000 people that are actually imprisoned and that would actually come into the United States. I heard about this – I have to say I love Australia; I love the people of Australia. I have so many friends from Australia, but I said – geez that is a big ask, especially in light of the fact that we are so heavily in favor, not in favor, but we have no choice but to stop things. We have to stop. We have allowed so many people into our country that should not be here. We have our San Bernardino’s, we have had the World Trade Center come down because of people that should not have been in our country, and now we are supposed to take 2,000. It sends such a bad signal. You have no idea. It is such a bad thing.

TURNBULL

Can you hear me out Mr. President?

TRUMP

Yeah, go ahead.

TURNBULL

Yes, the agreement, which the Vice President just called the Foreign Minister about less than 24 hours ago and said your Administration would be continuing, does not require you to take 2,000 people. It does not require you to take any. It requires, in return, for us to do a number of things for the United States – this is a big deal, I think we should respect deals.

TRUMP

Who made the deal? Obama?

TURNBULL

Yes, but let me describe what it is. I think it is quite consistent. I think you can comply with it. It is absolutely consistent with your Executive Order so please just hear me out. The obligation is for the United States to look and examine and take up to and only if they so choose – 1,250 to 2,000. Every individual is subject to your vetting. You can decide to take them or to not take them after vetting. You can decide to take 1,000 or 100. It is entirely up to you. The obligation is to only go through the process. So that is the first thing. Secondly, the people — none of these people are from the conflict zone. They are basically economic refugees from Iran, Pakistan, and Afghanistan. That is the vast bulk of them. They have been under our supervision for over three years now and we know exactly everything about them.

TRUMP

Why haven’t you let them out? Why have you not let them into your society?

TURNBULL

Okay, I will explain why. It is not because they are bad people. It is because in order to stop people smugglers, we had to deprive them of the product. So we said if you try to come to Australia by boat, even if we think you are the best person in the world, even if you are a Noble [sic] Prize winning genius, we will not let you in. Because the problem with the people —

TRUMP

That is a good idea. We should do that too. You are worse than I am.

TURNBULL

This is our experience.

TRUMP

Because you do not want to destroy your country. Look at what has happened in Germany. Look at what is happening in these countries. These people are crazy to let this happen. I spoke to Merkel today, and believe me, she wishes she did not do it. Germany is a mess because of what happened.

TURNBULL

I agree with you, letting one million Syrians walk into their country. It was one of the big factors in the Brexit vote, frankly.

TRUMP

Well, there could be two million people coming in Germany. Two million people. Can you believe it? It will never be the same.

TURNBULL

I stood up at the UN in September and set up what our immigration policy was. I said that you cannot maintain popular support for immigration policy, multiculturalism, unless you can control your borders. The bottom line is that we got here. I am asking you as a very good friend. This is a big deal. It is really, really important to us that we maintain it. It does not oblige you to take one person that you do not want. As I have said, your homeland officials have visited and they have already interviewed these people. You can decide. It is at your discretion. So you have the wording in the Executive Order that enables the Secretary of Homeland Security and the Secretary of State to admit people on a case by case basis in order to conform with an existing agreement. I do believe that you will never find a better friend to the United States than Australia. I say this to you sincerely that it is in the mutual interest of the United States to say, “yes, we can conform with that deal – we are not obliged to take anybody we do not want, we will go through extreme vetting” and that way you are seen to show the respect that a trusted ally wants and deserves. We will then hold up our end of the bargain by taking in our country 31 [inaudible] that you need to move on from.

TRUMP

Malcom [sic], why is this so important? I do not understand. This is going to kill me. I am the world’s greatest person that does not want to let people into the country. And now I am agreeing to take 2,000 people and I agree I can vet them, but that puts me in a bad position. It makes me look so bad and I have only been here a week.

TURNBULL

With great respect, that is not right – It is not 2,000.

TRUMP

Well, it is close. I have also heard like 5,000 as well.

TURNBULL

The given number in the agreement is 1,250 and it is entirely a matter of your vetting. I think that what you could say is that the Australian government is consistent with the principles set out in the Executive Order.

TRUMP

No, I do not want say that. I will just have to say that unfortunately I will have to live with what was said by Obama. I will say I hate it. Look, I spoke to Putin, Merkel, Abe of Japan, to France today, and this was my most unpleasant call because I will be honest with you. I hate taking these people. I guarantee you they are bad. That is why they are in prison right now. They are not going to be wonderful people who go on to work for the local milk people.

TURNBULL

I would not be so sure about that. They are basically —

TRUMP

Well, maybe you should let them out of prison. I am doing this because Obama made a bad deal. I am not doing this because it fits into my Executive Order. I am taking 2,000 people from Australia who are in prison and the day before I signed an Executive Order saying that we are not taking anybody in. We are not taking anybody in, those days are over.

TURNBULL

But can I say to you, there is nothing more important in business or politics than a deal is a deal. Look, you and I have a lot of mutual friends.

Look, I do not know how you got them to sign a deal like this, but that is how they lost the election. They said I had no way to 270 and I got 306. That is why they lost the election, because of stupid deals like this. You have brokered many a stupid deal in business and I respect you, but I guarantee that you broke many a stupid deal. This is a stupid deal. This deal will make me look terrible.

TURNBULL

Mr. President, I think this will make you look like a man who stands by the commitments of the United States. It shows that you are a committed —

TRUMP

Okay, this shows me to be a dope. I am not like this but, if I have to do it, I will do it but I do not like this at all. I will be honest with you. Not even a little bit. I think it is ridiculous and Obama should have never signed it. The only reason I will take them is because I have to honor a deal signed by my predecessor and it was a rotten deal. I say that it was a stupid deal like all the other deals that this country signed. You have to see what I am doing. I am unlocking deals that were made by people, these people were incompetent. I am not going to say that it fits within the realm of my Executive Order. We are going to allow 2,000 prisoners to come into our country and it is within the realm of my Executive Order? If that is the case my Executive Order does not mean anything Malcom [sic]. I look like a dope. The only way that I can do this is to say that my predecessor made a deal and I have no option then to honor the deal. I hate having to do it, but I am still going to vet them very closely. Suppose I vet them closely and I do not take any?

TURNBULL

That is the point I have been trying to make.

TRUMP

How does that help you?

TURNBULL

Well, we assume that we will act in good faith.

TRUMP

Does anybody know who these people are? Who are they? Where do they come from? Are they going to become the Boston bomber in five years? Or two years? Who are these people?

TURNBULL

Let me explain. We know exactly who they are. They have been on Nauru or Manus for over three years and the only reason we cannot let them into Australia is because of our commitment to not allow people to come by boat. Otherwise we would have let them in. If they had arrived by airplane and with a tourist visa then they would be here.

TRUMP

Malcom [sic], but they are arrived on a boat?

TURNBULL

Correct, we have stopped the boats.

TRUMP

Give them to the United States. We are like a dumping ground for the rest of the world. I have been here for a period of time, I just want this to stop. I look so foolish doing this. It [sic] know it is good for you but it is bad for me. It is horrible for me. This is what I am trying to stop. I do not want to have more San Bernardino’s or World Trade Centers. I could name 30 others, but I do not have enough time.

TURNBULL

These guys are not in that league. They are economic refugees.

TRUMP

Okay, good. Can Australia give me a guarantee that if we have any problems – you know that is what they said about the Boston bombers. They said they were wonderful young men.

TURNBULL

They were Russians. They were not from any of these countries.

TRUMP

They were from wherever they were.

TURNBULL

Please, if we can agree to stick to the deal, you have complete discretion in terms of a security assessment. The numbers are not 2,000 but 1,250 to start. Basically, we are taking people from the previous administration that they were very keen on getting out of the United States. We will take more. We will take anyone that you want us to take. The only people that we do not take are people who come by boat. So we would rather take a not very attractive guy that help you out then to take a Noble [sic] Peace Prize winner that comes by boat. That is the point.

TRUMP

What is the thing with boats? Why do you discriminate against boats? No, I know, they come from certain regions. I get it.

TURNBULL

No, let me explain why. The problem with the boats it that you are basically outsourcing your immigration program to people smugglers and also you get thousands of people drowning at sea. So what we say is, we will decide which people get to come to Australia who are refugees, economic migrants, businessmen, whatever. We decide. That is our decision. We are a generous multicultural immigration nation like the United States but the government decides, the people’s representatives decides. So that is the point. I am a highly transactional businessman like you and I know the deal has to work for both sides. Now Obama thought this deal worked for him and he drove a hard bargain with us – that it was agreed with Obama more than a year ago in the Oval Office, long before the election. The principles of the deal were agreed to.

TRUMP

I do not know what he got out of it. We never get anything out of it – START Treaty, the Iran deal. I do not know where they find these people to make these stupid deals. I am going to get killed on this thing.

TURNBULL

You will not.

TRUMP

Yes, I will be seen as a weak and ineffective leader in my first week by these people. This is a killer.

TURNBULL

You can certainly say that it was not a deal that you would have done, but you are going to stick with it.

TRUMP

I have no choice to say that about it. Malcom [sic], I am going to say that I have no choice but to honor my predecessor’s deal. I think it is a horrible deal, a disgusting deal that I would have never made. It is an embarrassment to the United States of America and you can say it just the way I said it. I will say it just that way. As far as I am concerned that is enough Malcom [sic]. I have had it. I have been making these calls all day and this is the most unpleasant call all day. Putin was a pleasant call. This is ridiculous.

TURNBULL

Do you want to talk about Syria and DPRK?

TRUMP

[inaudible] this is crazy.

TURNBULL

Thank you for your commitment. It is very important to us.

TRUMP

It is important to you and it is embarrassing to me. It is an embarrassment to me, but at least I got you off the hook. So you put me back on the hook.

TURNBULL

You can count on me. I will be there again and again.

TRUMP

I hope so. Okay, thank you Malcolm.

TURNBULL

Okay, thank you.

END OF CALL

* My yellow highlighting.

The fight continues in US Court of Appeal against Trump's 'Muslim Travel Ban'

Business Insider, 29 June 2017:

WASHINGTON/NEW YORK (Reuters) - The state of Hawaii asked a federal judge in Honolulu on Thursday to clarify a US Supreme Court ruling that reinstated parts of President Donald Trump's revised travel ban, arguing that the Trump administration had interpreted the court's decision too narrowly.

In a court filing, Hawaii said the US government intended to violate the Supreme Court's instructions by improperly excluding from the United States people who actually have a close family relationship to US persons.

The 90-day ban took effect at 8 p.m. ET along with a 120-day ban on all refugees.

On Monday, the Supreme Court revived parts of a travel ban on people from six Muslim-majority countries, narrowing the scope of lower court rulings that had blocked parts of a March 6 executive order and allowing his temporary ban to go into effect for people with no strong ties to the United States.

The court agreed to hear arguments during its next term starting in October to decide finally whether the ban is lawful.

The Supreme Court exempted from the ban travelers and refugees with a "bona fide relationship" with a person or entity in the United States. As an example, the court said those with a "close familial relationship" with someone in the United States would be covered.

The Trump administration decided on the basis of its interpretation of the court's language that grandparents, grandchildren and fiancés traveling from Iran, Libya, Somalia, Sudan, Syria and Yemen would be barred from obtaining visas while the ban was in place.

In its court filing, Hawaii echoed criticism from immigrant and refugee groups that the Trump administration had defined too narrowly who should be exempted.

Hawaii called the refusal to recognize grandparents, fiancés, and other relatives as an acceptable family relationship " a plain violation of the Supreme Court's command."

The State of Hawaii’s  latest motion is Civil Action No. 1:17-cv-00050- DKW-KSC EMERGENCY MOTION TO CLARIFY SCOPE OF PRELIMINARY INJUNCTION

Motion to clarify President Trump's travel ban by Honolulu Star-Advertiser on Scribd

Around the same time this motion was filed, the Trump administration announced on the US State Department website that it was removing “fiancé” from the list of relationships not considered bona fide:

Upon further review, fiances are now included as close family members.

UPDATE

U.S. Court of Appeals for the 9th Circuit is reported in The Guardian to have ruled on 7 July 2017 that it did not have jurisdiction to weigh in on this particular aspect of the matter:

In a statement, Hawaii Attorney General Douglas S. Chin said the ruling “makes clear that Judge Watson does possess the ability to interpret and enforce the Supreme Court’s order, as well as the authority to enjoin against a party’s violation of the Supreme Court’s order placing effective limitations on the scope of the district court’s preliminary injunction.”

About those rules for joining the Liberal-Nationals' cosy little citizenship club.......

Currently the Australian Citizenship Legislation Amendment (Strengthening the Requirements for Australian Citizenship and Other Measures) Bill 2017 is before the Australian Parliament.

This bill raises the bar on applications for citizenship and increases the power of the Minister for Immigration and Border Protection, Peter Dutton, over the citizenship process - including granting him the power to override Administrative Appeals Tribunal decisions on citizenship applications.

One of the components of this bill is the introduction of an English language test, which means that with few exceptions applicants between 16 and 60 years of age will need to demonstrate competent English language listening, speaking, reading and writing skills before being able to sit the citizenship test.

Applicants will be required to undertake a separate upfront English language test with an accredited provider and achieve a minimum level of ‘competent’.

According to the Immigration Minister the minimum level of competency is the IELTS General Training language test at  “Level 6 of the General stream focuses on "basic survival skills in broad social and workplace contexts".

This particular test has three components – listening, reading and writing - and takes the better part of three hours to complete.

An example of the type of questions contained in the General Training reading test can be found here.

There is a strong likelihood that between est. 7-16 million Australians (including those born in Australia of Australian parents) would fail this test if they were required to take it today.

The Australian Bureau of Statistics (ABS) recorded the results of direct measurement of three critical information-processing skills: literacy; numeracy; and problem solving in technology-rich environments and the 16.3 million people whose skills were measured included those not in the workforce, those in employment and those without a job.

In 2016 ABS recorded:

Approximately 7 million (46%) Australians aged 15 to 74 years had scores at Level 1 or 2 on the prose scale, a further 5.6 million (37%) at Level 3 and 2.5 million (16%) at Level 4/5. Results for document literacy were similar to prose. There were 7 million (47%) Australians at Level 1 or 2 on the document scale, 5.4 million (36%) at Level 3 and 2.7 million (18%) at Level 4/5.

By 2011-12 ABS was stating:

Around 3.7% (620,000) of Australians aged 15 to 74 years had literacy skills at Below Level 1, a further 10% (1.7 million) at Level 1, 30% (5.0 million) at Level 2, 38% (6.3 million) at Level 3, 14% (2.4 million) at Level 4, and 1.2% (200,000) at Level 5.

In the 2011-12 round of testing 43% of participants born in Australia and 51% of participants born outside of Australia had English literacy levels below Level 3.

The chances of the majority of these people, regardless of whether they are citizens or residents with visas, being able to pass Peter Dutton’s new English language test is slim to say the least.

According to Catherine Elder, a world-leading expert at Melbourne University and president of the International Language Testing Association; "A level six on both tests requires you to be highly literate and to be able to do things like write an essay. It would take a great deal of time and be beyond the reach of many people who come to Australia."

The fact of the matter is that in 2011-12 it was people who had attained a higher education qualification (Bachelor degree and above) who were more likely than others to have achieved a score at Level 3 or above in literacy and numeracy, and Level 2 or above in problem solving in technology-rich environments.

So according to the new citizenship rules being supported by millionaire parliamentarians Malcolm Bligh Turnbull and Peter Craig Dutton, it would appear that only those that managed to acquire a decent education need apply to join the Liberal-Nationals’ cosy little citizenship club.¹

  

Footnote:

1. In 1788 when the forbears of many individuals and families - which are both grand and humble members of  Australian society of today - first stumbled off those early British convict ships onto shore the vast majority of them would have been illiterate. On the basis of poor literacy levels and criminal records Malcolm Bligh Turnbull's many convict forbears wouldn't be allowed to become permanent residents much less citizens today under the new rules.

Lawyers, including the country's peak law body, have condemned Immigration Minister Peter Dutton

Australia would do well to remember that besides being a wealthy property developer, the far-right Australian Immigration Minister and Liberal MP for Dickson, Peter Craig Dutton (left), is a former Queensland police officer.

Neither occupation has a history of probity in that state* nor its members a reputation for an ability to look beyond their own narrow self-interests.

The Sydney Morning Herald, 12 June 2017:

Lawyers, including the country's peak law body, have condemned Immigration Minister Peter Dutton's latest citizenship crackdown as a power grab that threatens the independence of the judiciary.

Under changes to be put to Parliament this week, the minister will be empowered to overrule citizenship decisions of the Administrative Appeals Tribunal, in a bid to put a stop to its "silly" rulings……

Law Council of Australia president Fiona McLeod said she would await the full details, but reports of the tribunal being hamstrung were worrying.

"That's a very grave concern," she said. "Any attempt to wind back review powers should be treated with concern."……

Australian National University law professor Kim Rubenstein, who consulted on the 2008 citizenship revamp, warned against granting individual government ministers more and more power.

"That becomes a slippery slope to very draconian environments," she said. "We as Australians take these things too much for granted."

Western Sydney University law lecturer Jason Donnelly said it "completely undermines the object and independence of the AAT" and "shows a growing imbalance" in the separation of powers.

"It opens the can of worms to the abrogation of other fundamental rights," he said. "The courts have a fundamental role in protecting rights - because the government certainly isn't doing it."

* See The Moonlight State and Property developer donated to LNP after controversial Stuart Robert speech