Australian Immigration Daily News

Here’s another interesting question that was recently decided by the Federal Circuit Court on Schedule 3 waivers:

Is a future desire on the part of the applicant and sponsor to have a child together a “relevant consideration” that must be taken into account by the Administrative Appeals Tribunal when it determines whether or not to grant a Schedule 3 waiver?

The case in which this question was presented was Lan v Minister for Immigration & Anor 2018) FCCA 1170 (2 May 2018). 

Suppose the sponsor for a partner visa is suffering from a litany of health issues.

Does that necessarily mean that the applicant will be able to get a waiver of Schedule 3 criteria to enable her/him to remain in Australia while a partner visa application is being processed?

A recent decision by Judge Baird of the Federal Circuit Court in the case of Mensah v Minister for Home Affairs & Anor (2018) FCCA 1204 (10 May 2018) indicated that “it ain’t necessarily so”!

Do you remember the curious and unusual case of Guder v Minister for Immigration and Border Protection (2017) FCCA 626?

That was a case that highlighted an unusual aspect of the regulations relating to the now-repealed 457 visa program: namely, that the legislative instrument relevant to the English language proficiency requirement for the grant of 457 visas, IMMI 15/028, was written in terms that provided that an applicant had 3 years from the date of the lodgment of the application to satisfy the requirement.

The legislative instrument struck me as being somewhat “counter-intuitive”, in that one would have thought that having a satisfactory level of proficiency in English would be a “time of application” requirement.

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On 8 May 2018, the legislation that will introduce changes to the "training contributions" that employers who sponsor visas for skilled workers - the "Migration Amendment (Skilling Australians Fund) Charges Bill 2017 - finally passed both houses of Parliament. 

The legislation will come into force on a day that it receives "royal assent" - presumably very soon!

The text of the legislation can be read by clicking here.