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This instrument operates to determine international trade obligations of Australia for the purposes of paragraph 140GBA(1)(c) of the Migration Act 1958. This instrument acts alongside instrument Migration (LIN 18/183: Determination of International Trade Obligations relating to Labour Market Testing) Instrument 2018, made under subsection 140GBA(2) of the Migration Act 1958.

The instrument gives domestic effect to Australia’s commitments under the Pacific Agreement on Closer Economic Relations Plus (PACER Plus) for the purposes of labour market testing. PACER Plus will enter into force 60 days after the date on which eight countries notify the Depository (in this instance, the Government of Tonga) of their ratification of PACER Plus.

Some or all of this item commenced on 13/12/2020
https://www.legislation.gov.au/Details/F2018L01821

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The Assessment for Migration Office will be closed from 25 December and re-opening on 4 January 2021 for the holidays. Please note that assessments may take longer than the estimated 10 to 12 weeks due to the holiday closure. 

Source: https://www.aitsl.edu.au/migrate-to-australia/notices

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RDAs will start processing visas in Feb 2021! 

Regional Development Australia (RDA) offices will begin assisting NSW Treasury manage the subclass 491 visa in early February 2021.

Each RDA office will accept and assess applications and determine eligible occupations for their respective regions; however, nomination criteria is consistent across all regions. 

Information about how to apply will be made available on RDA websites as soon as possible. Links to participating region websites can be found below. 

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The instrument specifies the minimum amount of taxable income for the income year 2019-2020 and previous income years since income year 2011-2012.

Item was registered on 10/12/2020
https://www.legislation.gov.au/Details/F2020L01553

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Minister for Home Affairs v DUA16; Minister for Home Affairs v CHK16 [2020] HCA 4616,
High Court of Australia
Kiefel CJ; Bell, Keane, Gordon & Edelman JJ
Migration law - 'registered migration agent' (agent) provided submissions on behalf HK16 and DUA16 - 'common ground' conduct of agent fraudulent - in each case Authority unaware of agent's fraud - Full Court of the Federal Court of Australia, in each case, found Authority's decision vitiated by agent's fraud - Minister appealed - Minister contended fraud not 'shown to have any effect on a statutory function' - CHK16 and DUA16 each sought, by notices of contention, to uphold decision of Full Court on basis Authority was 'legally unreasonable' in not exercising 'power to obtain; from agent 'corrected submissions, involving potentially new information', when Authority knew submissions 'concerned the wrong person either entirely or in part' - Pt 7AA Migration Act 1958 (Cth) - held: fraud of agent did not vitiate decisions - in respect of CHK16, Authority legally unreasonable in not exercising power to invite provision by agent of 'correct submissions containing any new information' - in respect of DUA16, not legally unreasonable in failing 'to seek new information' - held: appeal in case of DUA16 allowed - appeal in case of CHK16 dismissed.
Minister for Home Affairs
Hempenstall v Minister for Home Affairs [2020] FCAFC 216
Full Court of the Federal Court of Australia
Rares, Nicholas & Burkey JJ
Migration law - Minister, pursuant to s501(2) Migration Act 1958 (Cth), cancelled appellant's class BF transitional (permanent) visa on basis appellant did not pass 'character test' - appellant, before Kenny J, of Federal Court of Australia, contended he was not accorded procedural fairness - Kenny J dismissed judicial review application - appellant appealed - whether primary judge correct in finding 'potential for future substance abuse was not the sole significant factor' weighing against appellant - whether primary judge correct in dismissing appellant's contention of failure by Minister o accord appellant procedural fairness 'by not specifically drawing attention to his need to deal with the possibility of his future substance abuse' - whether failure to accord procedural fairness arising from failure to draw 'critical issue' to appellant's attention for appellant 'to specifically address' - Degning v Minister of Home Affairs [2019] FCAFC 67 - Minister for Home Affairs v Smith [2019] FCAFC 137 - Stowers v Minister for Immigration and Border Protection [2018] FCAFC 174; (2018) 265 FCR 177, held: appeal dismissed.
Hempenstall

Source:  https://benchmarkinc.com.au/web/

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