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Posted by on in General

The new, whole-of-government Global Business and Talent Attraction Taskforce will bring together experts from across the Commonwealth, States and Territories as well as the private sector, as part of the Government’s JobMaker plan.

Senior business leader, Peter Verwer AO, has been appointed as the head of the Taskforce and will be known as the Prime Minister’s Special Envoy for Global Business and Talent Attraction.

The Taskforce will operate as a ‘strike team’ to turbo-charge the creation of jobs by boosting our efforts to attract high value global business and exceptional talent. The initial focus will be on three key sectors: advanced manufacturing, financial services (including FinTech) and health.

Australia is strategically well positioned given its management of the pandemic and our relatively strong economy. We have always been an attractive destination due to our lifestyle, democratic system, clean cities and proximity to Asia. We can use those advantages to bring more global business and talent to our shores and help create more Australian jobs.

Source: New-taskforce-to-create-jobs-by-attracting-business-and-talent-to-Australia---International-businesses--exceptional-talent-will-be-encouraged-under-new-initiative-to-support-post-COVID-recovery--boost-local-jobs.pdf

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Hassan v Minister for Immigration & Anor [2020] FCCA 2385
Federal Circuit Court of Australia
Judge Baird
Migration law - applicant sought Partner (Temporary) (Class UK) visa under s65 Migration Act 1958 (Cth) - Minister's delegate refused to grant visa - applicant at date of application did not satisfy criteria 3001,3003 & 3004, Schedule 3 Migration Regulations 1994 (Cth (Migration Regulations) - Administrative Appeals Tribunal was not satisfied there were “compelling reasons” not to require applicant to apply for visa 'within 28 days of his last substantive visa' - Administrative Appeals Tribunal affirmed delegate's decision - applicant sought judicial review - whether Tribunal erroneously took irrelevant consideration into account - whether "genuineness question" concerning applicant's relationship with 'sponsoring partner' was irrelevant to whether 'Sch 3 criterion' should be waived - whether Tribunal erred by restricting its consideration of "genuineness question" to 'particular point in time' - whether Tribunal's consideration of "genuineness question" was material to its conclusion - finding of 'ulterior motive' - whether Tribunal erroneously failed to determine whether ulterior motive lapsed and relationship had matured into 'genuine and meaningful attachment' - subclass 820, Sch 2 Migration Regulations - Waensila v Minister for Immigration and Border Protection [2016] FCAFC 32 (Waensila) - held: Tribunal prevented by Waensila from restricting its consideration of "genuineness question" to particular point in time - jurisdictional error established - judicial review application upheld.
Hassan
AZC20 v Minister for Immigration & Anor [2020] FCCA 2317
Federal Circuit Court of Australia
Judge Blake
Migration law - apprehended bias - Minister's delegate refused to grant applicant a Temporary Protection (Class XD) (Subclass 785) visa - Immigration Assessment Authority affirmed delegate's decision - whether Authority 'acted unreasonably' by failure to exercise, or to consider exercising, Authority's 'power to get new information under' s473DC(3) Migration Act 1958 (Cth) (Migration Act) - whether Secretary provided Authority with material 'irrelevant and prejudicial' to applicant - whether Authority asked 'wrong question' or based decision on 'irrational finding' - whether failure by Authority 'to carry out a careful and balanced consideration of' claims against 'statutory criteria' - CNY17 v Minister for Immigration and Border Protection [2019] HCA 50 - held: apprehended bias established - judicial review application upheld.
AZC20
DST18 v Minister for Immigration & Anor [2020] FCCA 1813
Federal Circuit Court of Australia
Judge Driver
Migration law - Minister's delegate refused to grant applicant a Safe Haven Enterprise Visa (SHEV) - Authority affirmed delegate's decision - whether Authority 'misapprehended or overlooked important evidence' by applicant - "exceptional circumstances" - "new information" - whether Authority's application of s473DD Migration Act 1958 (Cth) (Migration Act) miscarried - whether erroneous 'failure to consider whether' applicant satisfied s36(2)(a) Migration Act - whether 'translation error' - whether translation error resulting in 'jurisdictional error' - whether 'illogical or irrational reasoning' resulting in jurisdictional error - held: Authority 'misapprehended or overlooked important evidence' by applicant - application of s473DD Migration Act miscarried - judicial review application upheld.
DST18

Source:  Benchmark

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Migration Alliance has received the following email from the Department:

Please be advised your submission to the ‘Creating a world class migration advice industry’ Discussion Paper has now been published at the following link: 

https://www.homeaffairs.gov.au/reports-and-publications/submissions-and-discussion-papers/migration-advice-industry

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The following information was received by email this evening from Live In Victoria:

We will be opening Victoria’s 2020-21 Victorian skilled visa nomination program (subclass 190 and 491) on Tuesday 8 September, 2020. 

We will also be changing the way we select applicants to apply for Victorian visa nomination, with a new process that will focus on talent and contribution to Victoria’s economic recovery, as well as information in your Expression of Interest (EOI). This change aims to be responsive to challenges posed by the coronavirus pandemic, with a focus on the state’s economic recovery. 

...
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The purpose of LIN 20/156 is to amend LIN 18/036 to include an additional requirement for the manner in which labour market testing is required to be undertaken. Specifically, LIN 20/156 requires for nominated positions to be advertised on the Government’s Jobactive website. This measure would be in addition to advertising in at least two advertisements in one or more of the mediums already outlined in subsection 8(3) of LIN 18/036.

The amendment is in response to the COVID-19 pandemic, which has severely disrupted Australia’s labour market. Many Australian workers have been stood down or have had their employment terminated. In response to this, the Australian Government has decided to enhance the current labour market testing conditions to ensure that Australian workers are prioritised for job opportunities in Australia.

Source: LIN20156.pdf and LIN20156-Explanatory-Statement.pdf

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