Australian Immigration Daily News

Can the anxiety that may be suffered by the sponsor of an applicant for a partner visa be a “compelling reason” to waive Schedule 3 criteria so that an application made onshore in Australia can be granted? 

This is a question that commonly arises in partner visa cases, and it was the subject of a recent decision by Judge Emmett of the Federal Circuit Court, Elhendy v Minister for Immigration & Anor (2018) FCCA 1140 (22 May 2018). 

The circumstances of the case were that the applicant is a citizen of Egypt. He originally entered Australia on a short-stay business visa (subclass 456). When that visa ceased, he remained in Australia for a period of time as an unlawful non-citizen, until he applied for a Protection visa.

A concerning pattern is emerging in Skilled Independent Migration (Subclass 189, 190 Visas).  The latest statistics published by the Department of Home Affairs shows a mere 300 invitations issued on 9 May to subclass 189 applicants and just five to those applying regionally.  This is a dramatic decrease from 2200 invitations per round issued in July last year.  The average score to receive an invitation now sits 75 points. 

Whilst the Independent Skilled Migration is heading in a downward spiral, State based migration is closing their doors to immigrants all together with three states/territories currently not issuing any nominations. 

By way of background State Nominated Subclass 190 visa is designed for skilled visa applicants who have submitted an expression of interest (EoI) in SkillSelect and, after being nominated by a State/Territory government body, have received an invitation to apply for this visa.  Subject to receiving an invitation to apply, persons can apply for the State Nominated 190 visa from in or outside Australia.  Each State and Territory Generally imposes their own requirements which at times therefore it is always advisable to check particular State or Territory’s website to familiarise with the specific requirements. 

Easy–peasy–pumpkin–easy?

Is an application for a Temporary Graduate – Subclass 485 visa as “easy as pie”?

Is it true that there is “nothing more to it” than finishing one’s studies in Australia, then submitting your application on-line through ImmiAccount?

Amazing.  Simply amazing. Not to mention, appalling!

I am referring to the case of Ms Oguchukwu Odinkaeze that was recently heard before the AAT: Odinkaeze (Migration) AATA 1295 (17 May 2018).

What is amazing and appalling about this case?