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Australian Immigration Daily News

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Posted by on in General

Regulatory reforms are supposed to make life easier, not harder.  Cutting red tape is part of this government's agenda. 

That’s right, isn’t it? 

Will that be the case if “dual regulation” of lawyers is ended, as recommended by the “Kendall Report” concerning the “Independent Review of the Office of the Migration Agents Registration Authority”? 

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Posted by on in General

Labor senator Kim Carr told The Australian yesterday that he intends to proceed today with a disallowance motion of the Migration Amendment (Offshore Resources Activity) Regulation of 2015 which, if successful, could prevent the employment of highly skilled 457 or 400 visa workers on offshore oil and gas rigs.

The Labor plan if approved, could shut down critical parts of the sector, cost hundreds of millions of dollars and inflict substantial “reputational damage” on the country, notes the report.

Hundreds of foreign workers employed in Australia’s $200 billion offshore oil and gas sector would lose their work rights under Senator Carr’s plan which so far has provided no alternative to as to how these specialised skills will be replaced.

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Posted by on in General

Suppose it takes the Tribunal what seems like forever and a day to hand down a decision after a hearing has been held? 

Is justice delayed justice denied? 

Or to put it another way, can the passage of a long period of time without a decision amount to jurisdictional error, so that an adverse decision by the Tribunal will be quashed and the case sent back to the Tribunal for re-determination “in accordance with law”? 

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Posted by on in Skilled Migration

What is the proper test for assessing an application for approval of a nominated position under the Regional Sponsored Migration scheme? 

This question came before the Federal Circuit Court in a case that was decided on 29 April 2016, Bharaj Construction Pty Ltd v Minister for Immigration & Anor (2016) 902. 

Although this case addressed a version of Regulation 5.19 that is no longer in force, it may still have relevance to ongoing cases – namely, matters where the nomination was made under the same regulation and is the subject of a review before the Tribunal or the courts that has not yet been finalised, or nominations under the version of Regulation 5.19 that is now in force, and which require that the nominee will be employed on a full-time basis for a period of two years – namely the Temporary Residence Transition and Direct Entry Streams for Employer Nomination Scheme visas (subclass 186). 

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Posted by on in General

What is the legal consequence if a migration agent commits a fraud against his/her client? 

If the agent knowingly and intentionally includes information in the application which is false, does that make the application invalid? 

And will the fraudulent actions of the migration agent be attributed to the client? 

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Immigration blog

Move to cancel foreign worker visas in offshore rigs, today
Labor senator Kim Carr told The Australian yesterd...
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Can Delay by Tribunal Be Jurisdictional Error?
Suppose it takes the Tribunal what seems like fore...
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Sponsored Skilled Migration and Requirement for 2 Years of Employment
What is the proper test for assessing an applicati...
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Rotten Apples: Does Agent's Fraud Make Application Invalid?
What is the legal consequence if a migration agent...
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Financial aid for women on temporary visas
Some $100 million dollars has been committed by th...
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