Australian Immigration Daily News

17 FEB 2023: DEPT OF HOME AFFAIRS: Statement on Aggregate Sentences Act 2023 - On 17 February 2023, Migration Amendment (Aggregate Sentences) Act 2023 (the Aggregate Sentences Act) which amends the Migration Act 1958 (the Migration Act) came into effect 

The Aggregate Sentences Act responds to the Full Federal Court judgment in Pearson v Minister for Home Affairs [2022] FCAFC 203 (Pearson). The central finding of the judgment was that a single aggregate sentence, being a single sentence imposed for multiple offences, cannot be relied upon when assessing whether a person has a ‘substantial criminal record’ under s 501(7)(c) of the Migration Act, with consequences for the application of the character test.

The Aggregate Sentences Act amends the relevant provisions of the Migration Act, and makes it clear that an aggregate sentence can be relied upon for the purposes of considering if a person has a substantial criminal record, which is relevant to the application of the character test. The Aggregate Sentences Act also validates, with retrospective operation, past decisions that would otherwise have been invalid because of the Pearson decision.

Source: Statement-on-Aggregated-Sentences-Act-2023.pdf

Accredited Specialist Immigration Lawyer, Owen Harris has agreed to present a 1 hour CPD event this Friday the 17 February at 12PM:

Transitioning TPV/SHEV Holders to Resolution of Status Visas 

To book into this event please click here.

This event will sell out so it is first come first served.  The CPD event is Category A.

Migration Queensland is inviting agents/lawyers (onshore and offshore) and direct applicants (onshore and offshore) to register clients or themselves, for consideration of priority processing.

Applicant requirements: 

1. Must provide a decision-ready application (ie. all documents must be ready to upload immediately upon an invitation being issued).
2. Must meet all Queensland nomination criteria. Please review skilled criteria via the links below:

MQ - Skilled workers living in Queensland

Temporary Skill Shortage (TSS) subclass 482 visa holders who have been in Australia for at least one year between 1 February 2020 and 14 December 2021 are able to apply for permanent residence through the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (ENS) subclass 186 visa.

Applicants must also meet all other nomination and visa requirements for the TRT stream of the ENS visa.

In addition to Short-term stream TSS visa holders, the Government is advising that this pathway is also available to Medium-term stream TSS visa holders with an occupation on the Regional Occupation List.

This pathway is currently available for two years from 1 July 2022.

Source: PR-pathwat-for-TSS-sc482-holders-with-an-occupation-on-the-Regional-Occupation-List.pdf

The Migration Amendment (Strengthening the Character Test) Bill 2023 (the Bill) amends the Migration Act 1958 (the Migration Act) to ensure that non-citizens who are convicted of certain serious offences, and pose a risk to the safety of the Australian community, do not pass the character test and may be appropriately considered for visa refusal or cancellation.

The Bill is in response to recommendations by the 2017 Joint Standing Committee on Migration report on migrant settlement outcomes entitled “No one teaches you to become an Australian”. Recommendations 15 and 16 suggested that those convicted of a serious offence should have their visas cancelled under character provisions.

The Bill strengthens the character test in section 501 of the Migration Act by providing a new specific and objective ground to consider visa refusal or cancellation where a non-citizen has been convicted of certain serious offences against Australian or foreign laws involving violence against a person (including murder, kidnapping and aggravated burglary), non-consensual sexual acts, breaching of an apprehended violence order (or similar) or weapons.

Source: Migration-Amendment-Strengthening-the-Character-Test-2023.pdf and

Migration-Amendment-Strengthening-the-Character-Test-Bill-2023-Explanatory-Memorandum.pdf