As all RMAs will know, the submission of fraudulent information or material in support of a visa application can have disastrous consequences for the client/visa applicant.  To start with, lodging false or misleading information can cause a visa application to be refused on the grounds that the applicant does not satisfy Public Interest Criterion 4020. Furthermore, submitting false or misleading information with one application may prevent the person from obtaining another visa for a period of 3 years.  For these reasons, the importance of ensuring that all information that is given to the Department as part of a visa application is completely true and accurate cannot be overstated.

A decision of the Full Court of the Federal Court of Australia that was handed down earlier this year will be of interest in this regard, as the decision explores the circumstances under which a visa applicant can be held responsible when the applicant’s migration agent is responsible for providing the fraudulent information to the Department.  The case that led the Court to consider this issue was Prodduturri v Minister for immigration and Border Protection FCAFC 5 (29 January 2015).

The facts of the case were that the visa applicant engaged a firm of migration agents to assist him with lodging an application for a “subclass 485” visa for temporary skilled employment with the Department.  The applicant’s instructions to his migration agents were to the effect that they should not file the application for the visa if he was not entitled to it.  The visa applicant then left the preparation of the application entirely in the hands of his agents.  As the Migration Review Tribunal put it in its decision affirming the Department’s ultimate refusal of the application:

The Governor-General has made the following appointments to the tribunals with effect from 30 June:            

            David Barker               

            Ian Garnham               

            Karen Synon

            Nicole Burns               

            Geraldine Hoeben (FT)               

            Kate Timbs (FT)

            Christine Cody               

            Linda Holub               

            Susan Trotter

            Timothy Connellan               

            Penelope Hunter               

            Rachel Westaway

            Denise Connolly (FT)               

            Christine Kannis               

            Robert Wilson (FT)

            Michael Cooke (FT)*               

            Fiona Meagher               

            Paul Windsor (FT)

            Brendan Darcy (FT)               

            Paul Millar               

            Tigiilagi Eteuati (FT)               

            Amanda Paxton (FT)               

            Nicola Findson               

            Roslyn Smidt               

            Tania Flood               

            Alexandra Strang (FT)            

* Michael Cooke moves from part-time to full-time. In addition Rachel Homan has moved from part-time to part-time for the balance of her current term.
    
All appointments are for 5 years.

Migration Alliance wishes Brendan all the best.

Dentists and dental specialists, together with urban and regional planners have been removed from the updated Skilled Occupation List while panelbeaters and cabinet makers have been added.

The occupational ceilings for other jobs including barristers and solicitors, accountants, occupational health and safety, medical laboratory scientists and petroleum engineers are expected to be scaled back and may potentially close along with several other jobs in the next review.

The SOL was updated based on the findings of a review of Australia’s labour market and education and migration data by the Department of Industry and Science. The review considered submissions by industry, unions, trade and professional organisations.

“Cabinet makers and panelbeaters make a valuable contribution to the Australian economy. Migrants with these skills will enhance the size and skill of the Australian workforce,” Minister Michaelia Cash said in a joint press release with Assistant Education Minister Simon Birmingham.

Minister Cash said the new occupations on the SOL reflect that there is a gap between the skills of Australians and the work that needs to be done.

Migration Alliance is in receipt of the following email from Kay Ransome:

Dear Community Liaison Network

As you are aware, tomorrow the Migration Review Tribunal (MRT) and the Refugee Review Tribunal (RRT) will become the Migration and Refugee Division of the Administrative Appeals Tribunal (AAT). As a result of these changes, today will be my last day as the Principal Member of the MRT-RRT.

At Bupa we understand that the end of financial year can be a stressful time for Migration Agents.  Everyone reacts to stress differently however, there are things you can do to help you cope with stress, and lower your risk of developing stress-related health problems. Here are 5 quick tips on how to manage stress and maintain wellbeing during this busy time of year.

1) Maintain balance
It’s important not to let stress and anxiety consume you.  Balance between activities and not over-committing to work related activities provides an opportunity for relaxation and ‘down time’.