Australian Immigration Daily News

Telephone interviews by the Department can be extremely dangerous territory for a visa applicant! 

An applicant may receive a call from a Departmental officer unexpectedly, or “out of the blue”. 

If an applicant receives a phone call “by surprise”, she/he may not be prepared to discuss the application, and may answer questions over the phone in a way that might put their visa application at risk – for example, by making statements that are inconsistent with what has been said in the visa application. 

My colleague in Cairns (John Young) became aware that a certain Sukhwant Sona Singh Bela was the author of a scam to rip off many individuals of his own community who were being stung for $50K each.

This man then falsified documentation in support of these applications and was representing himself as being an RMA.

An investigation was launched and Sukhwant Sona Singh Bela was caught on telephone intercepts making false statements about his capacity and his status as an RMA amongst other things.

Here is a complaint that I have generated today concerning the conduct of Compliance in Melbourne concerning one of our clients who attended a female compliance officer this morning:

Dear Global feedback and (name redacted)

 Is it difficult to get a “Carer” (Subclass 116) visa? 

A recent case decided by the Federal Court, Nguyen v Minister for Immigration and Border Protection (2016) FCA 688 (9 June 2016) tells us that the answer to this question is: “Yes!” 

Trying to satisfy the criteria for grant of a Carer visa can indeed seem as difficult as trying to climb over a brick wall! 

What is the correct interpretation of the “genuine temporary entrant” criterion for student visas? 

Can an applicant have a “subjective” intention or “wish” to remain in Australia following the completion of their studies if a further visa pathway becomes available, and still be considered a genuine temporary entrant for the purpose of a student visa? 

Or is it the case that having such an intention or wish is inconsistent or incompatible with being a genuine temporary entrant?