System Message:

Australian Immigration Daily News

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

  • Home
    Home This is where you can find all the blog posts throughout the site.
  • Categories
    Categories Displays a list of categories from this blog.
  • Tags
    Tags Displays a list of tags that have been used in the blog.
  • Bloggers
    Bloggers Search for your favorite blogger from this site.
  • Team Blogs
    Team Blogs Find your favorite team blogs here.
  • Login
    Login Login form
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

A case involving subclass 866 visa applicant saw the AAT affirmed the decision of a delegate of the Minister for Immigration and Border Protection refusing to grant the applicant a protection visa. In this instance, the Tribunal was not satisfied that, on return to Ethiopia, there was a real chance the applicant would face serious harm or a real risk she would face significant harm.

What harm was claimed?

The applicant claimed to fear harm based on her gender, ethnicity, imputed political opinions and former occupation as a journalist, amongst other things.

...
Continue reading Last modified on
Hits: 458 0 Comments
Rate this blog entry:
1

Posted by on in General

Recent case before the AAT determined that it was appropriate to set aside a decision of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the Department) refusing to grant the applicant a bridging visa. The Tribunal found there were other reasons for him to stay in the interim and remitted the decision with the direction that his visa not be refused.

The applicant’s visa was refused on character grounds. He had been convicted of possessing a marketable quantity of heroin and served a prison sentence of seven years and nine months and, following his release, was fined for a prescribed concentration of alcohol offence.

When a person’s visa application is refused, they can seek a merits review in the AAT. The AAT is required to consider the matters set out in Ministerial Direction no. 79 (the Ministerial Direction) which include protection of the Australian community from criminal or other serious conduct, the best interests of minor children in Australia and the expectations of the Australian community (primary considerations). The Tribunal must also consider other factors, such as our international non-refoulement obligation and the strength, nature and length of a person’s ties to Australia (other considerations).

...
Continue reading Last modified on
Hits: 333 0 Comments
Rate this blog entry:
0

Posted by on in General

In this particular case, the AAT affirmed a decision of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the Department) not to revoke the mandatory cancellation of the applicant’s spouse visa. He was found to not be of good character. 

By way of background, the applicant’s visa was cancelled on character grounds because he had a substantial criminal record and was serving a sentence of imprisonment. This was a mandatory cancellation (under s501) by the Department after the applicant was sentenced to 15 years in prison for attempting to possess a commercial quantity of methamphetamine.

When a person has requested revocation of the cancellation of the visa and that request has been refused by the Department, they can seek a merits review in the AAT of the decision.

...
Continue reading Last modified on
Hits: 353 1 Comment
Rate this blog entry:
0

Posted by on in General

As many would be aware, PMSOL list is now being prioritised by the Department of Home Affairs in relation.  Whilst accredited sponsors will continue to receive “priority” processing, a further slowdown of the processing time can be expected.  The following advice has been received from the Department of Home Affairs Employer Sponsored delivery team:

 

Existing skilled migration occupation lists will remain active and applications will still be processed, but priority will be given to those relating to occupations on the Priority Migration Skilled Occupation List (PMSOL). Further information regarding the PMSOL is available at:

...
Continue reading Last modified on
Hits: 227 0 Comments
Rate this blog entry:
0

Posted by on in General

As businesses continue to navigate through COVID19 pandemic, the drop the in the overall revenue has resulted in being unable to meet Caveat requirements in certain instances.

For example, nominated occupation of Accountant General requires the business for the purpose of 186 and 482 visa to demonstrate annual turnover of at least $1M.

In certain instances, it is possible for an associated entity to provide a letter of support to the main business.  The same does not apply to Caveats.  Below is a response from the Policy Section:

...
Continue reading Last modified on
Hits: 699 0 Comments
Rate this blog entry:
1
Joomla SEF URLs by Artio

Immigration blog

Bizcover Banner
Department of Home of Home Affairs Annual Report 2019-2020
Below is the 2019-2020 Annual Report for the Depar...
Continue Reading...
Home Affairs releases provisions on Refunds of Visa Application Charges
The Department of Home Affairs has released inform...
Continue Reading...
Australia’s Successful Refugees: A focus on Liaqat Khan
There are numerous stories about refugees that com...
Continue Reading...
Summary of State Nominated 190 Visas Across Each State
Following last week’s budget as well the National ...
Continue Reading...