Australian Immigration Daily News

Is it possible to stop the Department from acting to refuse a visa application on character grounds? 

Or to put this question in a more legally precise way, is it possible to get an injunction to restrain the Minister from “exercising the discretion” under section 501(1) of the Migration Act to refuse the grant of a visa on character grounds? 

These questions were at the heart of a recent case that started out in the High Court, and which was ultimately decided in the Federal Court: Plaintiff S111/2017 v Minister for Immigration and Border Protection (2017) FCA 813 (20 July 2017). 

The following information has been sent from VETASSESS to migration agents via email:

"We are pleased to announce that on 1 August 2017, we are launching Priority Processing service for our General Professional Occupation applicants.

This premium service will offer applicants the option to fast track their application for an additional fee. We understand that some applications need to be processed with urgency - Priority Processing will ensure that the application is finalised within 10 business days.
Consideration for Priority Processing will only be given to new ONLINE applications lodged after 1 August. Full details about this service including the eligibility criteria to be considered will be available on the website from Tuesday 1 August 2017.

What is the correct test for determining whether the position for which an applicant for a 457 visa has been nominated is “genuine”? 

This is a question that is of course of critical importance for applicants for 457 visas and their sponsoring employers, as the Schedule 2 criteria for 457 visas include as a key element the requirement that the Minister be satisfied that “the position associated with the nominated occupation is genuine” - clause 457.223(4) (d) (ii) – and because it is common for 457 visa applications to be refused on the basis that the reviewing delegate is not satisfied that the position is in fact genuine. 

So it is worth noting a recent decision from the Federal Court of Australia in which this issue was revisited, Pasricha v Minister for Immigration and Border Protection (2017) FCA 779. 

'Australia's Changing Immigration Landscape' Conference was held last week on Friday at Westpac, Barangaroo in the city of Sydney.  This migration agent CPD activity was hosted by Liana Allan from Legal Training Australia.

Below are some images from the conference, which was a huge success.

People who would like to ask questions, or who would like to make contact with the presenters, are asked to email This email address is being protected from spambots. You need JavaScript enabled to view it. and we will put you in contact with the relevant person.

Here’s a quiz to get your brains working at the start of the week, and to get ready to face the mysteries of the Migration Act that you will have to cope with. 

And the good news is that however you answer, no one else will know! You can keep your thoughts entirely to yourself, and your answer won’t be marked or broadcast to the rest of the world, no matter what it is! 

So here is the question: