Australian Immigration Daily News

Can love conquer all? 

Or does the law sometimes have the power to conquer love? 

What if you have a client who has been in Australia on a Working Holiday (Subclass 417) visa – is there any way that you can help them get a Visitor visa (Subclass 600) to enable him to stay in Australia beyond the expiration of the Working Holiday visa so that he can stay in Australia with the partner of his dreams until the end of her own Working Holiday visa? 

The debate about the proper interpretation of the “genuine temporary entrant” for student visas is continuing in the Federal courts, with no definitive resolution on the horizon. 

On one side of the debate, there is the view of Judge Manousaridis of the Federal Circuit Court as stated in the Khanna case.  In Khanna, Judge Manousaridis held that it is not inconsistent with being a genuine temporary entrant for a person to harbor a subjective hope, wish or plan to remain in Australia after the completion of a course of study if a further visa pathway should become available. 

On the other side of the debate is the view of Judge Cameron, also of the Federal Circuit Court, as stated in the Saini case: namely, that the intention to stay only temporarily must be “unqualified”.  Therefore, under Saini, holding an intention to remain in Australia following the conclusion of one’s studies is incompatible with being a “genuine temporary entrant”.  

The following email has just been received from the DIBP:

Dear Migration Agents 

For your information, please find attached changes to processing arrangements for sub-classes 785 (TPVs) and 790 (SHEVs).  

Migration Alliance has been asked to distribute this message to our readers:

Academics from UNSW, UTS and the University of Sydney are conducting an anonymous online survey on the work experiences of temporary migrants in Australia.  They will use the data to identify ways to better protect the legal rights of international students, working holiday-makers and other temporary migrants at work. 

If you’ve worked in Australia on a temporary visa please take 5 minutes to do the survey now and make your voice heard on this important issue.

Quiz! 

Assume the following scenario: 

Your client is in Australia on a student visa.