Australian Immigration Daily News

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: 

Migration Alliance has received a story today from an RMA today regarding an appalling refusal out of India, which deserves attention.  Here is that story:

"I received the attached refusal letter yesterday and to be honest I’ve never seen anything like it. It still has instructions to the processing officer in there, which have not been followed (no review rights option was selected), and there is absolutely no assessment or consideration of the applicant’s claims. The attached is the refusal letter in its entirely.

The application is of course finalised in immiaccount, I have emailed the team responsible and have been told ‘we’ll look into it’. I’ve also made a complaint with the global feedback team.

Readers of the Migration Alliance Website will recall that we posted an article on 20 March of this year, following reports in the media indicating that the government of Western Australia had apparently “frozen” the entire Regional Sponsored Migration Scheme in Perth. 

This “freeze” was apparently made to implement a campaign promise that was made by Mark McGowan, who was elected as Premier of Western Australia on 11 March 2017.

Our Migration Alliance colleague Ross Ahmadzi reported in an article that was posted on 26 June 2017 that Prime Minister Turnbull has now written to Premier Magowan to confirm that the Federal Government has agreed to remove the Perth region from the RSMS visa programme.