Australian Immigration Daily News

Another day, another decision that illustrates the obstacles to getting a “waiver” of Schedule 3 criteria!

The decision, Awad v Minister for Immigration & Anor (2017) FCCA 452, was handed down by Judge Driver on 10 May 2017.

This was the story: the applicant was a Lebanese national who originally arrived in Australia in February 2010 on a student visa. That visa ceased on 15 March 20102. He then applied for a further student visa, with that application also being made on 15 March 2012, but that second student visa application was refused. He then applied for a partner visa in July 2013, but in December 2014, the Department deemed that that application was “invalid” (why it took the Department approximately a year and a half to figure out that this application was “invalid” is not explained in the Court’s decision, but “whatever”.  Finally, the applicant re-applied for a partner visa in December 2014. It was that application which was the subject of the proceedings before the Federal Circuit Court.

Recruitment is now underway for a new Chief Executive Officer at the Migration Institute of Australia.  The previous CEO was Maurene Horder, who suddenly departed in September 2013, and was replaced by an Acting CEO, Kevin Lane. 

Can you think of anyone in our profession, or any other profession that you think might be suitable? 

Since 1^st July 2016 last year, the federal government, with the New South Wales and Victoria state governments, have cracked down on foreign non-residents buying Australian property, who are not Australian citizens, permanent residents living in Australia or eligible New Zealand Citizens living in Australia. New tightened up Foreign Investment Review Board (FIRB) approval applications, processes and fee structures for foreign non-residents wishing to buy real estate in Australia are now in place. Foreign non-residents not complying with the new regime structure, are now served with mandatory forced sale notices, with also tax implications.

From an immigration agent’s prospective, a client could be coming to them, to obtain permanent residence in Australia, to avoid the hurdles and tax burdens of deemed as a foreign non-resident. The new foreign non-resident regime do not apply to Eligible New Zealand Citizens (ENZCs), who are deemed as permanent residents in Australia, for tax purposes and to avoid the foreign non-resident land taxes, who have been residing in Australia, for more than 200 days.

From an immigration agent’s prospective, a foreign non-resident wish to buy property in Australia, now can only buy from a developer (off the plan / new property) who has pre Foreign Investment Review Board (FIRB) approval to sell to foreign non-residents, or the foreign non-resident themselves must obtained Foreign Investment Review Board (FIRB) approval.  

The Budget 2017: Funding apprenticeships through a levy on business sponsors. 

Again we see our political leaders passing the blame for their own inadequacies to immigrants.

 The Australian business community cannot be held to ransom over the political failure to adequately fund and support the training of Australian skilled workers. Realistically this is an additional tax (just another term for levy) to be imposed on business to further disadvantage small business. The very Australian businesses that are suffering from the skills shortage, are being expected to foot the bill.

On 5 May 2017, the Assistant Minister for Immigration and Border Protection announced the introduction of a new “temporary sponsored parent visa”.

The announcement follows a commitment made by the Turnbull Government during last year’s election campaign to introduce this new parent visa.

The availability of this parent visa will be dependent on the passage of the Migration Amendment (Family Violence and Other Measures) Bill 2016 through the Parliament.  That Bill is currently before the Senate.  If the Bill is passed in Parliament’s Winter Sittings, it is expected that the new visa will be available in late 2017.