Australian Immigration Daily News

Readers of this blog may be aware that in the weekly newsletter that our sister organization, the Migration Institute of Australia, released on 24 February, it reported that it was receiving a large number of complaints from RMAs that nominations of occupations for  457 visas are being refused on the basis that the position for which the sponsoring employer has nominated  is “not genuine”. 

It is therefore timely to review a recent decision of the Federal Court of Australia that dealt with the question of how the “genuineness” of a position is to be determined.  That case was Cargo First Pty Ltd v Minister for Immigration and Border Protection (2016) FCA 30 (3 February 2016). 

(I would like to note that our colleague at the Migration Alliance, Chris Levingston, acted for the sponsoring company in these proceedings at the Federal Circuit Court level, and thus presumably also before the Federal Court!) 

What is the story if you submit an application for merits review to the Administrative Appeals Tribunal, and there is some “irregularity” relating to payment of the prescribed fee? 

For example, what is the situation if the application is made on a “paper form” and the part of the form calling for the signature of the credit card holder to authorize payment of the fee is not actually signed? 

What happens if your client is granted a reduction of the application fee on grounds of financial hardship but fails to pay the fee within the time specified by the Tribunal? 

Is it possible to “get another bite at the apple?” 

Or, to phrase the question in a more “legalistic” way, and in terms of Australian migration law, is a visa applicant whose first skills assessment has been rejected on the grounds that it was based on false material or a bogus document, entitled to an adjournment from the AAT so that she/he can get a second skills assessment done? 

Suppose the AAT refuses to allow an adjournment? 

Is there really any point in checking the case law before answering a client’s question? 

Well, to borrow the famous expression from former US vice-presidential candidate and reality TV star Sarah Palin: “You betcha!” 

Yep, I know that my fellow RMAs out there in the reading audience would heartily agree with this: sometimes, hard though it may be to believe (just kidding!) the meaning and likely application of the Migration Act and the Regulations isn’t clear! 

What options are available to you if you come to Australia on a Higher Education student visa and you discover that the course of study is too tough for you and you are failing?

Can you withdraw from the course and then re-enroll in a vocational education training course that might be easier for you to handle?

And if you do that, will withdrawing from the higher education course place your student visa in jeopardy?