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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

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.

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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:

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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:

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Recent FOI released by the Department of Home Affairs shows the number of on-shore vs offshore GSM visa grants.

For the month ended 30/06/2020, the Department of Home Affairs granted 1024 Subclass 189 visas.  Note, this data also includes grant of visas to secondary applicants.

By contrast, for the same period there were 32 off-shore subclass 189 grants.  The data includes primary and secondary visa grants.

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Home Affairs announced flexibility with the arrangements pertaining subclass 485 visa.

As part of the response to COVID 19 Pandemic, the Department have changed the requirements for a Temporary Graduate (subclass 485) visa for those who have been impacted by COVID-19:

  • online study undertaken outside Australia as a result of COVID-19 travel restrictions will count towards the Australian Study Requirement for existing and new student visa holders

This change is available now.

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