Australian Immigration Daily News

Suppose you have a client who is seeking a further student visa to remain in Australia to pursue further studies.

Suppose also that the student visa application has been refused by the Department, and the Tribunal has affirmed the refusal of the visa application on the basis that the Tribunal is not satisfied that “the applicant intends genuinely to stay in Australia”.

Does that outcome necessarily mean that all hope is lost for the applicant, that the case is over, and that you need to tell the applicant that it is time to pack her bags and prepare to return to her home country?

Under what circumstances can an applicant lose the right to appear at a hearing before the Tribunal?

Does a failure to give information, comments or response to a written invitation from the Tribunal within the time period specified by the Tribunal always result in the forfeiture of the right to a hearing?

This very important question concerning the procedural rights of applicants before the Tribunal was “re-visited” last week in a case that was decided by the Full Court of the Federal Court, Singh v Minister for Immigration and Border Protection (2017) FCAFC 67 (27 April 2017).

The Migration Alliance has received a report about a bizarre, strange, astounding and insane situation from one of our colleagues!

Here’s the story:

A person who was charged with a criminal offence, and who out on bail and awaiting sentence in about a month’s time, approached our colleagues for advice and assistance.

It has been somewhat of a turmoil in Australian Immigration arena since the announcement made by the Turnbull Government on 17 April 2017 to phase out the existing Temporary Work (Skilled) (subclass 457) visa (“457 visa”) and introduce a new replacement visa, the Temporary Skill Shortage Visa (“TSS visa”).  The main confusion and frustration following the announcement lies in the fact that there has been little or no prior consultation.  The announcement blindsided both Migration Agents as well as current and prospective visa applicants.

Migration Alliance is here to inform you of key dates relevant to new TSS visa as well as existing 457 visa:

• 18 April 2017 – Turnbull Government announces abolition of the 457 visa and introduction of the new TSS visa (refer to my previous article: http://migrationalliance.com.au/immigration-daily-news/entry/2017-04-457-visa-ban-what-does-it-mean-for-overseas-workers.html)

• 19 April 2017 – Removal of 218 skilled occupations from list of sponsorable occupations as well as introduction of two new skilled occupations lists:
• Medium - Long Term Strategic List (MLTSSL) and Short Term Skilled Occupation List (STSOL)
• Changes to the validity period of a 457 visa for applications lodged and/or approved on or after 19 April 2017.  Two years will be granted if the occupation is on STSOL or up to four years if the occupation is on MLTSSL
• Opportunity given by DIBP to withdraw a 457 nomination and/or visa application in progress where an occupation is no longer on the either list

• 1 July 2017 – Further review of existing 457 visa arrangements
• Possible removal of occupations from both lists (MLTSSL and STSOL)
• Introduction of providing police clearance as part of the 457 visa application process
• Changes to existing training benchmark requirements
• Changes to English language requirements

• 1 December 2017 – Data Matching Introduced
• DIBP will start collecting Tax File Numbers (TFN) for existing 457 visa holders for the purpose of cross checking salary against earnings declared on a recent 457 nomination

• March 2018 – Abolition of the 457 visa and introduction of the TSS visa
• 457 visas will be abolished
• TSS will be introduced
• There will be two streams available under TSS
• Short Term Stream Visa will be valid for two years which will not lead to permanent residency
• Medium Term Stream Visa will be valid for up to four years with potential pathway to permanent residency after three years
• Caveats for certain occupations including minimum salary requirements as well as certain occupations reserved exclusively for regional areas
• Mandatory prior employment experience for both streams
• Labour Market Testing (unless exempt under International Obligations)
• A non discriminatory workforce test to be introduced

To add to the confusion already created last week, it appears that revised instrument specifying occupations listed under MLTSSL and STSOL released on 19 April 2017 appears to be no longer in force which left us with the previous list.  As expected, DIBP is yet to update this information and I encourage everyone to check legislation regularly before submitting an application during this transition. For further information please contact me at: This email address is being protected from spambots. You need JavaScript enabled to view it.