Australian Immigration Daily News

The purpose of the instrument is to ensure that:

- persons  who currently hold,or  have ever held,  a  Subclass  786  Humanitarian Concern  visa for  whom  the  Minister  has  lifted  the  bar  in  section  91K  of  the  Act and  who  have  made  an  application  for  a  Protection  (Class  XA)  visa  within 7 working  days  of  being  given  notice  that  the  Minister  has  lifted  the  bar  under section  91L  of  the  Act,  are  exempt from  satisfying  the  Minister  that  there  is  an acceptable reason for the delay in applying for a Protection (Class XA) visa under subparagraph 050.212(8)(c)(i) of Schedule 2 to the Regulations; and 

- persons who currently hold, or have ever held a Subclass 785 Temporary Protection visa and who make an application for a Protection (Class XA) visa are specified,for the purposes of section 91K of the Act,as a class of persons,under subparagraph 050.232(8)(c)(ii) of Schedule 2 to the Regulations,who are exempt from satisfying the Minister of an acceptable reason for a delay in applying for that visa.This ensures continuity in permission and therefore the ability to work for persons who are both Protection (Class XA) visa applicants and Resolution of Status (Class CD) visa applicants and are transitioning to a Subclass 851 (Resolution of Status) visa.

Source: LIN19061.pdf and LIN19061-Explanatory-Statement.pdf

Many migrants feel there is little government support for them in the first year of their settlement; and, they feel they are not made aware of the challenges of finding work in Australia before their arrival, the study found.

Titled ‘The Experience of Skilled Professional Migrants’ and compiled by migrant and refugee settlement agency AMES Australia, the study surveyed more than 150 skilled migrants on their experiences of coming to Australia.

It found a perception among the group that there are too few orientation programs and little support in the first twelve months of settlement.

Source: Getting-skilled-migrants-into-work.pdf

From November 16, 2019 we will see an introduction of two new regional provisional visas.   Both are intended to lead to permanent residency.

1. Skilled Work Regional 491 Visa

To be rolled out on 16 November, the Subclass 491 Skilled Work Regional (Provisional) visa (Subclass 491), is a new and enhanced points-tested visa to assist regional Australia, for applicants nominated by a state or territory government agency or sponsored by an eligible family member residing in a designated regional area.  This visa will be valid for five years.

The instrument operates to specify all visas that are both substantive and temporary (a substantive temporary visa) as a class of substantive visa.

The purpose of the instrument is to remove the reference to special purpose visas granted to a person on the grounds that they are a member of the crew on a non-military ship, or a spouse, de-facto partner or dependant of a member of the crew.

This reference has been removed as it is now redundant.

If you ever deal with or advise on Protection visas, you should be aware of a decision that was handed down by the Full Court yesterday, Minister for Immigration and Border Protection v CTW17 (2019) FCAFC 156 (5 September 2019).

The issue that was addressed in this case involved whether it is possible to make a valid application from onshore for a Protection visa if a previous application has been refused.

Readers may recall that in 2013, an earlier decision of the Full Court in SZGIZ had effectively opened the door for renewed applications made on complementary protection grounds even if a previous application made on "refugee" grounds had been refused.