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Posted by on in General

Suppose the AAT fails to consider certain evidence that is put to it. 

Does that amount to jurisdictional error, by itself? And does it provide a basis to get the decision of the AAT “quashed”, or overturned, in the Federal Circuit Court? 

A recent decision from the Federal Court – Liew v Minister for Immigration and Border Protection (2016) FCA 172 (2 March 2016) (Judge Rangiah) tells us: “It ain't necessarily so!” 

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Posted by on in General

OK everyone, are you ready for a quiz? 

No excuses! You’re not getting out of this one just because it’s a gorgeous day in Sydney! 

So put on your thinking caps and sharpen your pencils! This is “open-book” and better still, if you cheat (!!) I won’t tell anyone! 

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StartupAus board member Teresa Engelhard has warned DIBP that talent is more valuable than SIV investors and it needs to change its attitude and approach when dealing with such talent.

Her warning comes after officials from both the UK and the US rushed in to entice Chris Bailey and his nine-person team at Disrupt to setup his business there after Australia’s department of immigration recently threw-out the million dollar start-up entrepreneur for not picking fruit.

According to a report in The Australian Financial Review, Ms Engelhard, who once had a US$5 billion IPO to her name, has joined calls for the DIBP to be less combative and work with startups.

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In a case that may just be the tip of the iceberg in immigration fraud by education brokers, a court in China has sentenced a man to three years’ jail for facilitating illegal immigration to Australia, according to a report in The Australian Financial Review.

The man, identified only as Mr Li worked with this sister Ms Olive Li, a director of Sydney-based New Field International Education Group in fabricating documents required for an Australian student visa for at least 2 applicants who are now Australian permanent residents.

According to the report after the fraudulent application was lodged, Ms Li posed as the applicants during the mandatory telephone interview with Australian immigration officials as the applicants could not speak English. She then coached the applicants on how to deal with queries at the airport, found them accommodation and jobs.

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The Fair Work Ombudsman has targeted take-away food businesses across Australia and ordered a total of 565 employers to supply time and wages records for assessment.

As a result of the investigations a total of 223 businesses were found to have short-changed 929 employees a total of $582,410, Acting Fair Work Ombudsman Michael Campbell announced earlier this week.

The investigations found that two out of three businesses were not fully compliant with all payslip and record-keeping obligations and close to half of them were not paying their employees correctly.

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