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Posted by on in General

A recent decision of the Full Federal Court will be of interest to practitioners

http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/full/2019/2019fcafc0079

Minister for Home Affairs v G [2019] FCAFC 79 by reason of its discussion of the role of the ACI's  (Australian Citizenship Instructions)

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Posted by on in General

South Australian State Government published further information in relation to their Designated Area Migration Agreements, both of which are due to commence on 1 July 2019.

Briefly, the designated area migration agreement (DAMA) programme has been developed to supplement the workforce strategies of states, territories and regions, to support economic performance and help them adjust to changing economic conditions.  The DAMA is a two-tier agreement: the first tier consists of an overarching five-year deed of agreement with a designated area representative setting out occupations, ceilings and concessions; and the second tier comprising individual labour agreements with direct employers.

The overarching nature of a DAMA allows employers streamlined access to a broader range of overseas workers than available through the standard subclass 482 visa programme (as well as permanent residency in some cases), without the need to individually negotiate terms and conditions. DAMAs are attractive to small businesses which may not have the resources to develop a labour agreement directly with the government.

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The following information has been released on the Home Affairs website:

Invitations issued on 9 May 2019

The table below shows the number of invitations issued in the SkillSelect invitation round on 9 May 2019.

Visa subclassNumber
Skilled Independent visa (subclass 189) 100
Skilled Regional (provisional) visa (subclass 489) 10

During 2018-19 program year the following numbers of invitations have been issued:

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Below is a link to the AAT Bulletin for the 20 May 2019.  Citizenship decisions are on page 3 and Migration decisions are on page 4.

https://www.aat.gov.au/AAT/media/AAT/Files/AAT%20Bulletins/20-19.pdf

 

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Insufficient evidence of Labour Market Testing (LMT) is now becoming common reason for applications receiving an unfavourable outcome.  Whilst the Instrument that dictates  LMT framework has been in effect since August 2018, there is still level of confusion in terms of the type of supporting documentation considered to be sufficient in order to satisfy this requirement. A number of agents have addressed their concerns as well as questions relating to LMT criteria. 

Below are some of the common questions surrounding LMT:

Do I need to submit evidence of LMT as part of my subclass 186 – Employer Nomination Scheme?

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