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Michael Arch

Michael Arch

Michael Ephraim-Arch has not set their biography yet

Posted by on in General

The Migration Alliance has received a concerning report from a Registered Migration Agent in Western Australia about apparent actions by the Western Australian government in relation to the Regional Sponsored Migration scheme.

We are informed by our colleague in WA that the new premier of WA, Mark McGowan, had stated during the recent election campaign that he would seek to have Perth “removed” from the scheme.

And indeed, a news article in the West Australian reports that Premier McGowan asked Prime Minister Turnbull to remove Perth from the RSMS scheme within hours of his election victory on Saturday 11 March 2017. The West Australian says that the purpose of this request was “to make it easier for locals to find work”.

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Posted by on in General

How can you tell if a position that has been nominated by a Standard Business Sponsor is “genuine”, and thus meets the test for approval specified in sub-regulation 2.72(10)(f)?

This is an issue that seems to plague all too many efforts by employers to sponsor overseas employees for temporary skilled employment, isn’t it?

Especially so, again it seems, when the position that is nominated is that of “Sales and Marketing Manager”.

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Posted by on in General

Has anyone out there had success in getting the Department to “waive” the infamous “Condition 8503”?

If you have, I invite you to share your story in the comments section.

As readers will be aware, Condition 8503 (derived from Schedule 8 of the Migration Regulations), provides that the holder of a visa which includes this condition will not be entitled to be granted a substantive visa, other than a protection visa, while the holder remains in Australia.  

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Hooray! Or “boo”!

I wasn’t sure if there would be another opportunity for a quiz. But there is!

And no, you cannot have a break to fashion a hat out of aluminum foil to protect yourselves from surveillance from televisions, microwave ovens or smart phones while you mull over the answer  (fortunately for all of us here in Australia that form of surveillance is only happening at Trump Tower in New York City!)

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What if a visa applicant fails the character test because the applicant has a substantial criminal history.

Does that mean the visa application is certain to be refused, and that there is no hope of getting the refusal overturned in the Administrative Appeals Tribunal?

Well, a decision that was handed down by the Tribunal in early March – Hodson and Minister for Immigration and Border Protection (Migration) (2017) AATA 254 (1 March 2017) – illustrates that this type of situation is not “hopeless”.  It is possible for an applicant to succeed before the Tribunal despite failing the character test.

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