It can be really really hard to challenge a decision of the Minister to cancel a visa on character grounds, and to protect a client from getting “booted out” of Australia. 

As we have seen through the cases discussed on this blog over the course of the last several months, even people who have lived in Australia since early childhood, but for whatever reason, have not become Australian citizens, have lost their cases.  These people are facing “removal” – a euphemism for “deportation” back to countries where they may have never lived, and with which they may have no connection in terms of family ties or work history. See for example Brown v Minister for Immigration and Border Protection [2015] FCAFC 141 (24 September 2015)

That is the bitter reality, and the bitter consequence, of the visa cancellation powers that have been introduced into the Migration Act. 

SIV application numbers since the scheme re-opened four months ago, remain low, but trade minister, Andrew Robb is confident that the recalibrated scheme will recover and attract “better candidates”.

Having suspended the SIV earlier this year due to fears that it was being abused, the government reintroduced the scheme requiring 10 per cent of the $5 million investment required under the scheme to be directed towards approved venture capital funds; and 30 per cent to go into listed small companies.

The hope was to stem complaints that foreign investors were driving up residential property prices and direct investments to where it is needed the most – emerging but higher risk local startups. Since being re-opened in July there have been more than 70 applications lodged for the Significant Investor Visa, worth $350 million in investment for Australia if all are approved.

Trade Minister Andrew Robb told The Australian Financial Review that early enquiries about the new scheme were encouraging.

"Interest in the program remains strong following the recalibration. Importantly, we are attracting candidates with a keen interest in investing in more dynamic and innovative areas of our economy," Mr Robb adding that, "The previous SIV framework had set the bar too low, with investment largely directed into passive investments."

On a recent 12 city roadshow through China, one funds manager claimed to have had 2000 people attend its 73 seminars, according to the AFR report.

One of Australia’s biggest tech companies has warned that it will take its business offshore if immigration rules are not loosened to deal with the current shortages and allow foreign workers to come onshore more easily.

5,000,000 jobs as we know it could disappear in the next 15 years and be replaced by tech jobs. Warning of a severe technological skills shortage in the next 10 to 15 years due to technological advancements, CEDA’s CEO Stephen Martin says almost 40 per cent of Australian jobs that exist today (5 million) have a ‘high to moderate chance of disappearing” and being replaced by highly skilled tech jobs.

Computerisation and automation of work is advancing at an unprecedented rate and is likely to do so for the next 20 years, notes CEDA’s major research report for 2015: Australia’s future workforce? But Australia’s commitment to educating the workforce for this sector is ‘woeful’ says Prof. Martin.

“Our labour market will be fundamentally reshaped by the scope and breadth of technological change, and if we do not embrace massive economic reform and focus on incentivising innovation, we will simply be left behind in an increasingly competitive global marketplace,” said Prof. Martin.

Dear Migration Alliance members,

Migration Alliance is proud to announce we have recently partnered with Expert Finance Group.

Why Expert Finance Group?

Are their limits on the AAT’s power to refuse to grant an adjournment to allow additional information to be provided in support of a visa application?

And if there are limits to the AAT’s discretion, what are the limits?

So if the AAT refuses to grant an adjournment to allow further information to be submitted, and the AAT then affirms the refusal of the application, how do you know whether you have a case to take to the Federal Circuit Court?