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Posted by on in General

The Director, Migration Assistance Policy Section, Immigration Policy Framework Branch, Immigration and Community Protection Policy Division,  Immigration and Settlement Services Group from the Department of Home Affairs has provided this response to Migration Alliance:

The State and Territory nominated visa programs will play an important part in Australia’s economic recovery and continue to be a part of the Migration Program. The Australian Government is considering how best to shape the Migration Program into the future to drive economic growth and support job creation. Nominations will be made available to States and Territories in line with these considerations, in the following categories:

  • Skilled – Nominated (subclass 190).
  • Skilled Employer Sponsored Regional (Provisional) (subclass 491).
  • Business Innovation and Investment Program.

With regard to the invitation rounds for Skilled Independent (subclass 189) and Skilled Work Regional (Provisional) (Family Sponsored) (subclass 491), the Government is closely monitoring migration and visa settings to ensure they are consistent with public health measures, are flexible and do not displace job opportunities for Australians so that Australia can deal with the immediate and post recovery impacts of COVID-19. Targeted invitation rounds have continued each month and prioritise skills which are in critical need and will aid Australia’s economic recovery. 

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Executive Chairman of Atlas Advisors Australia Guy Hedley said many high net worth individuals in Hong Kong were turning to investor migration programs around the world to seek a new path in life.

Reopening Australia’s Business Innovation and Investment Program (BIIP) is critical to attract Hong Kong’s most wealthy investors, he said.

“Appetite for investment and migration in Australia from Hong Kong’s highest net worth individuals is ramping up,” Mr Hedley said.

“Australia must maintain a globally competitive migration program if it’s going to attract Hong Kong’s most wealthy investor migrants while also offering a safe haven to citizens in need.”

Source: Australia-needs-Hong-Kongs-high-net-worth-investors-seeking-refuge.pdf

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NT State Nomination Authority

2020 to 2021 program year update 

The Australian Government has not yet allocated nomination quotas to the states and territories for the 2020 to 2021 program year. 

This means that the Northern Territory (NT) Government is currently unable to issue nominations under the General Skilled Migration (GSM) program and the Business Investment and Innovation Program (BIIP). 

At this stage, if you are currently living in the NT, you will still be able to lodge new applications for NT nomination under the GSM program, and these applications will continue to be assessed. Offshore GSM nomination applications remain closedBIIP nomination applications remain open

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Minister for Immigration and Border Protection v CED16 [2020] HCA 24
High Court of Australia
Gageler, Keane, Nettle, Gordon and Edelman JJ
Migration law - delegate of Minister refused to grant first respondent protection visa - Immigration Assessment Authority affirmed delegate’s decision - Judge Street of Federal Circuit Court of Australia dismissed judicial review application - Derrington J of Federal Court of Australia allowed appeal against Judge Street’s decision - Minister appealed by special leave - appeal concerned meaning of "new information" - first respondent conceded ’Certificate’ could not satisfy condition in s473DE(1)(a)(ii) Migration Act 1958 (Cth) (Migration Act) ’as interpreted in’ SZBYR v Minister for Immigration and Citizenship (2007) 81 ALJR 1190, Minister for Immigration and Citizenship v SZLFX [2009] HCA 31, Plaintiff M174/2016 [2018] HCA 16 and SZMTA [2019] HCA 3 - first respondent, however, contended Derrington J correct to find Certificate was "new information" and correct to conclude receipt of that "new information" caused Authority ’to fall into jurisdictional error’ by failure to perform ’procedural obligation’ which s473DB(1)(a) Migration Act imposed - whether Certificate could not satisfy description of "information" - whether Certificate was "document" - whether Certificate contained "information" within reference to "any documents or information" in definition of "new information" in s473DC(1) Migration Act - held: appeal allowed.
Minister
Ali v Minister for Home Affairs [2020] FCAFC 109
Full Court of the Federal Court of Australia
Collier, Reeves & Derrington JJ
Migration law - Minister cancelled appellant's partner visa on “character” grounds under s501(3A) Migration Act 1958 (Cth) (cancellation decision) - Assistant Minister was not satisfied of matters in ss501CA(4)(b)(i) & (ii) Migration Act - Assistant Minister refused to revoke cancellation decision - Steward J of Federal Court of Australia dismissed judicial review application - 'international non-refoulment obligations' - “another reason” - whether Assistant Minister erred in not being satisfied of matters in ss501CA(4)(b)(i) & (ii) Migration Act - whether necessary to determine non-refoulment obligations - whether permissible to defer consideration of non-refoulment obligations until 'any subsequent consideration' of protection visa application - “Failure to Consider Ground” - “The Identical Manner of Consideration Ground” - “Absence of Full Consideration Ground” - Hernandez v Minister for Home Affairs [2020] FCA 415 held: Assistant Minister's decision did not accord with requirements of s501CA(4) Migration Act - appeal allowed.
Ali
Walker v Minister for Home Affairs [2020] FCA 909
Federal Court of Australia
Bromwich J
Migration law - applicant’s temporary visa cancelled under s501(3A) Migration Act 1958 (Cth) (cancellation decision) - Minister refused to revoke cancellation decision - applicant sought judicial review - applicant challenged basis for Minister’s finding that applicant ’represented an unacceptable risk of harm’ outweighing considerations favouring revocation - use of ’past non-violent conduct and its violent outcome’ to find risk of violent conduct’s repetition - whether Minister’s decision ’legally unreasonable’ - Minister for Immigration and Citizenship v Li [2013] HCA 18 - held: legal unreasonableness established - judicial review application upheld.
Walker

Source:  Benchmark

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The General Skilled Migration (GSM) program for the 2019/20 financial year has now closed. 

The State & Territory nomination program will remain temporarily CLOSED until the Commonwealth Government s allocation of state nomination places for 2020-21 takes place. This means that State & Territory governments have no ability to nominate applicants in visa subclass 190 & visa subclass 491. 

The GSM 2020/21 program year is scheduled to re-open from early August however, changes to the composition of the Australian Migration program might be made in October under the new budget. 

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