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Under what circumstances can an applicant lose the right to appear at a hearing before the Tribunal?

Does a failure to give information, comments or response to a written invitation from the Tribunal within the time period specified by the Tribunal always result in the forfeiture of the right to a hearing?

This very important question concerning the procedural rights of applicants before the Tribunal was “re-visited” last week in a case that was decided by the Full Court of the Federal Court, Singh v Minister for Immigration and Border Protection (2017) FCAFC 67 (27 April 2017).

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Posted by on in General
8:30am   Registration opens
8:45am Liana Allan Welcome from Legal Training Australia and Migration Alliance
9:00am Christopher Levingston, Ross Ahmadzai & Alan Chanesman The Temporary Work (Skilled) visa (Subclass 457)

  • Latest Legislative Changes - discussing immediate impact / abolition
  • STSOL and MLTSSL - What this means for current and future applications
  • Existing 457 visa holders - Implications of the legislative changes
  • Labour Agreements
11:00am   Morning tea break
11:15am Christopher Levingston Employer Nomination Scheme

  • Transitional Arrangements - existing 457 visa holders
  • TRTS Stream Requirements
  • Direct Entry Applicants - Requirement for occupation to be on STSOL and MLTSSL
  • Further changes - the permanent residence eligibility period will be extended from two years to three years
12:15pm   Lunch Break
1:15pm Ross Ahmadzai TSS Visa

  • Two visa streams - two years and four years
  • New, more targeted occupation lists which bette align with skills needed in the Australia labour market requirement for visa applicants to have at least two years' work experience in their skilled occupation
  • a minimum market salary rate which ensures that overseas workers cannot be engaged to undercut Australian workers
  • mandatory labour market testing, unless an international obligation applies
  • capacity for visa renewal onshore and a permanent residence pathway after three years under the Medium-Term stream
  • a non-discriminatory workforce test to ensure employers to training Australian workers
  • the Department of Immigration and Border Protection will collect Tax File Numbers and data
  • mandatory penal clearance certificates to be provided
2:45pm Christopher Levingston & Michael Arch Australian Citizenship Requirements

  • Increasing the general residence requirement, which means an applicant for Australian citizenship will need to demonstrate a minimum of four years permanent residence immediately prior to their application for citizenship
  • Introducing an English language test, which means applicants will need to demonstrate competent English language listening, speaking, reading and writing skills before being able to sit the citizenship test
  • Strengthening the Australian Values States to include reference to allegiance to Australia and require applicants to make an undertaking to integrate into and contribute to the Australian community
  • Strengthening the test for Australian citizenship through the addition of new test questions about Australian values, and the privileges and responsibilities of Australian Citizenship
  • Introducing a requirement for applicants to demonstrate their integration into the Australian community
  • Strengthening the Pledge of commitment as a citizen of the Commonwealth of Australia in the Australian Citizenship Act 2007 to refer to allegiance to Australia; and extending the requirement for individuals aged 16 years and over to make the Pledge to all streams of citizenship by application, including citizenship by descent, adoption and resumption.
4:15pm Liana Allan Closing comments from MA

$220.00 for MA members or $264.00 for Non-MA members
Sydney - Wesley Conference Centre
220 Pitt Street
Sydney NSW 2000
Melbourne - Melbourne Convention Exhibition Centre
1 Convention Centre Place
South Wharf VIC 3006

Presenter Profiles:

Click on each presenter for more information
Christopher Levingston Alan Chanesman Michael Arch
Ross Ahmadzai Liana Allan  
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Posted by on in General

The Migration Alliance has received a report about a bizarre, strange, astounding and insane situation from one of our colleagues!

Here’s the story:

A person who was charged with a criminal offence, and who out on bail and awaiting sentence in about a month’s time, approached our colleagues for advice and assistance.

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Posted by on in General

It has been somewhat of a turmoil in Australian Immigration arena since the announcement made by the Turnbull Government on 17 April 2017 to phase out the existing Temporary Work (Skilled) (subclass 457) visa (“457 visa”) and introduce a new replacement visa, the Temporary Skill Shortage Visa (“TSS visa”).  The main confusion and frustration following the announcement lies in the fact that there has been little or no prior consultation.  The announcement blindsided both Migration Agents as well as current and prospective visa applicants.

Migration Alliance is here to inform you of key dates relevant to new TSS visa as well as existing 457 visa:

  • 19 April 2017 – Removal of 218 skilled occupations from list of sponsorable occupations as well as introduction of two new skilled occupations lists:
    • Medium - Long Term Strategic List (MLTSSL) and Short Term Skilled Occupation List (STSOL)
    • Changes to the validity period of a 457 visa for applications lodged and/or approved on or after 19 April 2017.  Two years will be granted if the occupation is on STSOL or up to four years if the occupation is on MLTSSL
    • Opportunity given by DIBP to withdraw a 457 nomination and/or visa application in progress where an occupation is no longer on the either list
  • 1 July 2017 – Further review of existing 457 visa arrangements
    • Possible removal of occupations from both lists (MLTSSL and STSOL)
    • Introduction of providing police clearance as part of the 457 visa application process
    • Changes to existing training benchmark requirements
    • Changes to English language requirements
  • 1 December 2017 – Data Matching Introduced
    • DIBP will start collecting Tax File Numbers (TFN) for existing 457 visa holders for the purpose of cross checking salary against earnings declared on a recent 457 nomination
  • March 2018 – Abolition of the 457 visa and introduction of the TSS visa
    • 457 visas will be abolished
    • TSS will be introduced
    • There will be two streams available under TSS
      • Short Term Stream Visa will be valid for two years which will not lead to permanent residency
      • Medium Term Stream Visa will be valid for up to four years with potential pathway to permanent residency after three years
      • Caveats for certain occupations including minimum salary requirements as well as certain occupations reserved exclusively for regional areas
      • Mandatory prior employment experience for both streams
      • Labour Market Testing (unless exempt under International Obligations)
      • A non discriminatory workforce test to be introduced

To add to the confusion already created last week, it appears that revised instrument specifying occupations listed under MLTSSL and STSOL released on 19 April 2017 appears to be no longer in force which left us with the previous list.  As expected, DIBP is yet to update this information and I encourage everyone to check legislation regularly before submitting an application during this transition. For further information please contact me at: This email address is being protected from spambots. You need JavaScript enabled to view it.

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Posted by on in General

The contribution of migrants to Australian society, culture and prosperity has been an important factor in shaping our nation. From the large scale migration from the UK and Europe which began at the end of the second world war to meet labour shortages and create prosperity to programs, attracting business people and entrepreneurs including the Significant Investor Visa which has attracted applicants have come from China. 

Migration agents are invited to come along to this event and hear the from The Hon Alex Hawke MP, as well as the market insights from BasisPoint founder, David Chin. There will be followed by a panel of speakers from second generation migrant families from Europe and China who will share their stories and experiences of investing and integrating into Australia.

Date: Wednesday 3rd May, 2017

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