Australian Immigration Daily News

The Bulletin regularly includes a sample of decisions recently published in the AAT’s Migration & Refugee Division and Social Services & Child Support Division.

It occasionally includes information on legislative changes that affect the AAT.

Source: AAT-Bulletin-17-Dec-2018.pdf

The committee recommends that the bill be passed. 

Structure of this report

This report consists of two chapters:

• This chapter provides a brief overview of the bill as well as the administrative details of the inquiry.

• Chapter 2 discusses the need for the bill, key issues raised in evidence to the inquiry, and provides the committee's view and recommendation.

Source: Migration-Amendment-Strengthening-the-Character-Test-Bill-2018----The-Senate.pdf

Earlier today, Home Affairs released their final skilled newsletter for 2018 summarising current and upcoming changes to Australia’s skilled visa programme. Migration Alliance brings you a summary of the main changes to watch in coming months.

1.       Legacy Cases 457 cases and TSS Review Rights

Subclass 457 and TSS visas are reviewable by the Administrative Tribunal.  This is assuming that the visa applicant was onshore at the time of application and the approved nomination has not yet ceased.  Alternatively, there must be a sponsorship or nomination currently being reviewed by the AAT.  The AAT has published a very useful FAQ sheet for applicants who had their nominations refused and this document can be found here:

  http://www.aat.gov.au/AAT/media/AAT/Files/MRD%20documents/Factsheets/FS08-Nomination-Refusals.pdf

A Sydney plastics manufacturing company that underpaid two Sri Lankan visa holders has been penalised by the Federal Circuit Court after failing to meet a deadline to back-pay these workers.

Delahill Pty Ltd, which trades as ABCO Plastics at Guildford, has been penalised $15,000 and one of its directors, Guilherme Roque Rebello, $3,000 after legal action by the Fair Work Ombudsman.

Fair Work Inspectors first investigated the company after two employees, a husband and wife, made requests for assistance.

As the saying goes, "it was too good to last" or "too good to be true".

Or as Joni Mitchell sang "they paved Paradise and put up a parking lot".

Just recently, we had posted news of the decision of Justice Greenwood in Brown v Minister for Home Affairs (No. 2) where His Honour held that the 2015 legislation that amalgamated the Migration Review and Refugee Review Tribunals with the pre-existing Administrative Appeals Tribunal had given the AAT power to extend the deadline for the filing of applications for merits review to the Tribunal.