Australian Immigration Daily News

Are things always what they seem? Or not?

Is a case that appears to be “dead on arrival” really in fact as lacking in prospects as it seems to be?

Take for example the case of Spano v Minister for Immigration and Anor (2018) FCCA 2049 (3 August 2018) that was decided by Justice Neville in Canberra.

By Svetlana Gunaratne  - Member of Migration Alliance and RMA

Genuine Temporary Entrant (GTE) criterion is applicable to a number of visas:

1. Student and Student Guardian Visas

Over the years that I have been writing commentary on Federal court decisions for Migration Alliance, we have seen that as part of its operations, the Department has been running a small “cottage industry” focused on the cancellation of visas on character grounds.

And we have also seen that it has largely been extremely difficult to challenge decisions made personally by the Minister either to cancel a visa on character grounds, or to refuse to revoke a cancellation on character grounds.

This is so because the scope of review in the Federal courts is limited to whether the Minister’s decision has been affected by jurisdictional error.  Visa cancellation decisions made personally by the Minister are not subject to “merits review”, in contrast to cancellation decisions made by a delegate of the Minister, which are reviewable in the AAT. But when the Minister determines to exercise his personal powers to set aside a decision of the AAT, again such decisions by the Minister are not subject to merits review, but can only be set aside on the basis of a jurisdictional error.

These words have been taken from a speech this morning, 7 August 2018, by the Hon Alan Tudge MP, Minister for Citizenship and Multicultural Affairs.  The speech was made to the Business Council of Australia in Melbourne.  The speech talks about the case for Skilled Migrants, the Global Talent Scheme and the National Recruitment exercise.

"Australia has been built on migration. Successive waves of migrants have come to our shores, help build our economy and made Australia the greatest multicultural nation on earth.

The journey, however, is never complete. We need to continue to work to constantly improve the quality of our skilled migration intake. We need to always ensure that we are selecting the right people and that there are high expectations of integration upon new arrivals and policies to support that.

South Australia as well as Tasmania Government revised the skilled occupations list over the weekend with Tasmania and South Australia publishing their revised lists earlier today.  

South Australia: 

South Australia specifically highlighted occupations which are now seen as classed as “low availability” including: