Australian Immigration Daily News

Imagine this scenario....Your client made an application for a 457 before 17 April 2017 and it was refused and you are on appeal at the AAT.

The substantive issue was an assertion by DOHA that the position was not genuine.

However, you are now at the AAT and you are winning on the genuine position issue and then the Tribunal ambushes you by saying words to the effect, '...however, notwithstanding that the subject position is genuine it is subject to a caveat and you do not meet that requirement."

A recent article gives us some insight as to what might be driving the "population" debate.

https://www.theguardian.com/australia-news/2018/nov/20/scott-morrison-flags-cutting-migration-in-response-to-population-concerns.

You can read the article ( hyperlink above) but this is what leapt out at me...

FEDERAL COURT OF AUSTRALIA 

Vidiyala v Minister for Home Affairs [2018] FCA 1973

A recent decision of the Full Federal Court (sitting as a single judge)by His Honour Perry J, on an appeal from the Court below (the FCC) made some interesting observations about what the Court does in review which may be of interest to practitioners....

Although it may be this time of year but I am getting a lot of enquiries about processing times for RRVs.

Apparently 90 percent of the applications are cleared in about 2 months but where the applicant does not meet the residence requirement it is now about 3 months.

My advice.....

A 32-year-old Indian national has been arrested for serious offences under the Migration Act 1958 after allegedly applying for a protection visa using a false identity and fraudulent identity documents.

ABF investigators will allege that after being refused a protection visa using a different name in 2015, the man obtained a false identity and subsequently attempted to apply for a protection visa in Australia using that identity.

Source: Man-arrested-for-alleged-migration-fraud.pdf