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Breaking Australian immigration news brought to you by Migration Alliance and associated bloggers. Please email help@migrationalliance.com.au

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Ruslan-Ahmadzai

Ruslan-Ahmadzai

Solicitor specialising in corporate immigration.Registered Migration AgentSpecialities: Migration Law, Employer Compliance in Immigration, Business Stream Visas, Family and Partner Visas, CPD Training.

Posted by on in General

Whilst we eagerly await for the composition of the new Skilled Occupations List, the Department of Home Affairs has released four new legislative instruments.

Home Affairs Legislation Amendment (Credit Card and PayPal Surcharge) Regulations 2020
This instrument amends the Australian Citizenship Regulation 2016, the Customs Regulation 2015 and the Migration Regulations 1994 to increase the surcharge applied to Visa and MasterCard credit card, and PayPal, payments for certain fees and charges, including visa application charges, nomination and sponsorship fees, citizenship-related fees and customs duties and taxes.
Some or all of this item commenced on 1/07/2020

https://www.legislation.gov.au/Details/F2020L00705

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The Commonwealth Ombudsman (the Ombudsman) is required by the Migration Act 1958  to assess the appropriateness of the immigration detention arrangements for each person detained for two years or more. The Ombudsman's assessment is provided to the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, along with a de-identified version, which the Minister must table in Parliament.

Recent report published by the ombudsman covers ten case studies of migrants held in detention centre.  A summary of the report is detailed in this article.

The report covers ten cases as mentioned, a particular case covers a 35-year-old man who has been in detention for 2,547 days (almost seven years).  This is now the 6th time this case has come up before a review. The Department’s report advised that Mr X had no outstanding matters before the Department, tribunals or the courts and has been on an involuntary removal pathway since May 2015. The Ombudsman’s previous assessment recommended that this case be referred to the Minister for consideration under s 195A for the grant of a bridging visa, given the protracted nature of the man’s removal from Australia and the adverse impact of remaining in detention. On 12 September 2019 the Minister advised in a tabling statement that the Department had recently referred this case for his consideration.  The Ombudsman’s recent recommendation is that this case be expedited. The Ombudsman is concerned that the man is likely to remain in immigration detention for a prolonged period due to the protracted nature of his removal from Australia. This poses a significant risk to his health and welfare.

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The Victorian Government’s state nomination program will remain temporarily closed while the State await the Commonwealth Government’s allocation of state nomination places for 2020-21.

In the meantime, applicants will not be able to apply for the following state nomination visas:

  • Skilled Work Regional (Provisional) (subclass 491) visa
  • Skilled Nominated (subclass 190) visa
  • Business Innovation stream (subclass 188A) (Provisional) visa
  • Investor stream (subclass 188B) (Provisional) visa
  • Significant Investor stream (subclass 188C) (Provisional) visa
  • Entrepreneur stream (subclass 188E) (Provisional) visa
  • Significant Business History  (subclass 132A) (Permanent) visa
  • Venture Capital Entrepreneur (subclass 132B) (Permanent) visa

Applicants can still lodge their Expression of Interest (EOI) through the Commonwealth’s Department of Home Affairs SkillSelect system.  An EOI will be required before an applicant can apply for a Victorian visa nomination.

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Immigration South Australia has confirmed today that both Business and Skilled Migration program will remain closed until August 2020.

This means that no applications can be made for the following subclasses:

 

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The role of a practitioner in preparing an application or a matter before the AAT is crucial.  All practitioners are always bound by the Code of Conduct therefore it is important that a practitioner understands their duties and obligations towards clients.

What is a client?

Deciding who your client is in a migration advice engagement is often the first critical question to be answered. Getting this right will help set you on the right path. Getting this wrong, or not taking the time to consider it, may lead to potential confusion, misunderstanding and disputes. Each year the Office of the Migration Agents Registration Authority (OMARA) receives a number of complaints and queries which may not have arisen had this question been considered carefully by the RMA.

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