Breaking Australian immigration news brought to you by Migration Alliance and associated bloggers. Please email help@migrationalliance.com.au
The Migration Institute of Australia has, for reasons that are unclear, decided to postpone the EGM to 8 September 2017 at 4pm.
What this means is that there will need to be a new proxy form. Please hold off on sending in the current proxy forms as these are likely to be invalid because of the sudden change of date.
We will be creating an amended proxy form and sending this to the profession.
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How many times have you heard or read about the following scenario, regarding a student visa application:
An applicant is granted a Subclass 573 visa on the basis of being enrolled to take an English Language Intensive Course for Overseas Students, and a Masters of Business Management.
However, after arriving in Australia, the applicant claims he is suffering from depression, due to living away from his parents and his home country for the first time, and feeling isolated and lonely. He does not complete the ELICOS course and does not commence the master’s degree course. His enrolment in the master’s degree course is cancelled.
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With the increasing number of migration agents, both based in Australia as well as off-shore, there is a disaster looming following the new resolution changes proposed by the Migration Institute of Australia (MIA). See: Notice of MIA EGM
One of the resolutions seeks to amend the constitutions, to extend the maximum terms of directorial from two periods of two years (a maximum of 4 years) to three periods of three years (a maximum of 9 years) with the base justification that “the profession” has become dynamic and complex, defying the maxim entrenched power corrupts absolutely.
The announcement of an Extraordinary General Meeting (EGM) scheduled for Monday 4 September at 4pm, is a unique opportunity for the joint members of the MIA and MA, who are qualified voters (current financial members of the MIA) to confer a proxy vote in accordance with clause 12.4 of the MIA constitution.
Vote-NO-to-resolution-1-MIA.pdf (proxy form)
12.4 A Voting Member may appoint another person as their proxy to attend and vote for the Voting Member at any general meeting by: a) signing an instrument appointing a proxy in the form prescribed by the Board in the Rules or otherwise in a form complying with the Act; and b) depositing the instrument appointing the proxy, or sending it by such means as the Board prescribes, at or to the Office or other place specified for that purpose in the notice of meeting, no later than the deadline specified in the notice.
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It is very common for visa applicants who have had their applications refused by the Department, and who have also lost their applications for merits review before the Administrative Appeals Tribunal, to “appeal” (put most accurately, “to seek judicial review”) in the Federal Circuit Court, and to do so without the assistance of a lawyer.
In fact, when you read the decisions from the FCC on the Austlii Website, it is apparent that the majority of the applicants seeking judicial review are self-represented.
One can only guess at the reasons why so many people choose to act for themselves before the Federal Circuit Court, but it is safe to assume that one of the main reasons is that applicants are concerned that they may not be able to afford the cost of getting legal assistance.
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