Australian Immigration Daily News

Bill concerning changes to the Australian Citizenship Act has been released.   Below is a summary of the proposed changes which are currently debated at second reading in parliament.

Section 2A

Provides examples of where it is appropriate for the minister to revoke citizenship

Suppose you have a client who is seeking a 457 visa (yes it is still possible!)

Suppose also that the client was not able to satisfy the English language proficiency requirement of sub-regulation 457.223(4)(eb)(v),  which specifies that the applicant must have “achieved within the period specified by the Minister in (a) legislative instrument, in a single attempt at the test,  the score specified by the Minister in the instrument”.

(For readers having difficulty finding this sub-regulation, I will be happy to loan you my electron microscope for a small fee!!)

For people who could not make the Department of Immigration and Border Protection's (DIBP) 'hot issues' road show in Sydney on the 8 June, the topics covered were 457 visas and Citizenship.

The Office of the Migration Agents Registration Authority has provided the following presentations via its website:

457 PRESENTATION

Historically speaking, changes to Australian immigration requirements often results in increased number of refusals of applications.  There are reasons for increased refusals.  These reasons include stricter enforcement of regulations, increased scrutiny by case officers or unfair and harsh interpretation of the policy.

Where your application is refused, it is important to consider the next step in your immigration strategy.  It is also important to remember that time is something which is critical and each subsequent step needs will have consequences for your chances to remain in Australia. For example, it may be appropriate to re-submit the application and address areas of concerns raised at the original application.  However, there are instances where it is appropriate to appeal a decision.

Administrative Appeals Tribunal (AAT) – what you need to know: 

Are things always as difficult/impossible as they seem?

Assume, for example, that you were asked for advice about the following circumstances in relation to a Partner visa application:

1. That during the period when an applicant and his sponsor claimed to be living together in a de facto relationship, the sponsor had been granted a “parenting payment single” by Centrelink, accompanied by a letter from Centrelink which stated that the sponsor was “not partnered”;