From 23 November 2014, employers can expect to be allowed to hire foreign workers on Temporary Work (Short Stay) Subclass 400 visas for up to six months at a time. This is double the current limit of three months. However the catch that remains to be explained is under what circumstances will the DIBP actually grant the full term permitted by the new rules.

The changes aim to offer employers greater flexibility in employing temporary foreign workers who have to come Australia to perform specific skilled tasks including fulfilling contractual obligations. In addition to lengthening the duration of subclass 400 visas, the legislation also increases the period of time that the visa is valid before entry. Under the new rules it is expected that a subclass 400 visa holder may enter Australia six months from the date the visa is granted, as opposed to three months under current rules.

However, what remains unclear is under what circumstances foreigners will become eligible for the full 6 months. Currently the employers need to demonstrate ‘exceptional circumstance’ in order to be granted the full term, otherwise the default grant is only about 6 weeks. In addition the ‘adjudication’ standards may vary from country to country given that these visas are generally considered by overseas consuls.

The SC400 visa is for employers requiring foreign workers to travel to Australia to do short-term, highly specialised, non-ongoing work; participate in non-ongoing cultural or social activities at the invitation of an Australian organisation; or in limited circumstances, participate in an activity or work relating to Australia’s interests.

Generally, to be eligible, these worker need to have specialised skills, knowledge or experience that can assist Australian business; or have been invited to participate in an event by an organisation in Australia; or are required in Australia for exceptional circumstances of national importance, such as to assist following a natural disaster.

Malcolm Fraser, former prime minister of Australia and Dr Barry Jones, a former minister for science in the Hawke government have launched a scathing attack on the The Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Bill saying that “it would effectively enshrine in law the mistreatment of asylum seekers and refugees who flee to our country to escape persecution, torture and death.”

The legislation is the perverse creation of a Government prepared to tear up the rule of law for its own political ends, say the authors.

"It bestows an unprecedented level of power on the immigration minister to make life and death decisions about individual refugee cases. It creates a regime where the chance of sending people back to a situation of grave danger, or even death, is a real possibility” say the authors in an article in The Age, today.

Some the major concerns raised over the Bill include the following:

• It denies permanent protection to those found to be refugees, simply because of their mode of arrival to this country. 
• Babies born on Australian soil to parents who arrived by boat will be denied protection, rendered stateless and detained offshore until being "resettled" in squalor and risk of attack on Nauru.
• Under the Bill if it's considered that a refugee can simply "modify their behaviour" to avoid persecution or harm at home, then they'll be sent back.
• Refugees cases may be knocked back because they have false or no travel documents.
• People receiving a negative decision through the fast-track process will be at the mercy of the minister to decide if their case is deserving of review.
• In its determination to send people back at all costs, the government also wants to remove consideration of whether someone is at risk of torture when seeking to return them home.
• As well as circumventing Australian law, the bill also seeks to put the government above international maritime law, so it can send people on boats back to the country they're fleeing from, without any court oversight.
• The reintroduction of temporary protection visas (TPVs) means that refugees have to prove and re-prove they are refugees.

The authors state that the Bill feeds fear to the electorate, which the opposition feels obliged to support, in a context of a beat-up of Olympian proportions. The numbers of refugees heading for Australia are trivial compared to those travelling to many European countries. They don't overreact. We do.

“There are moments in history which are turning points. Now is such a time. Australia can stand up and protect the rule of law or become an international pariah, living isolated at the end of the world, forever in fear of others.”

Malcolm Fraser, is a former prime minister of Australia 1975-1983. Dr Barry Jones, is a former minister for science in the Hawke government 1983-1990.

Investment into Australia via the significant investor visa program (SIV) has hit $2.18 billion dollars with investors now showing a clear preference for Victoria and the real estate market, according to report in the Herald Sun.

Victoria is the place to be as far as the wealthy Chinese investors are concerned. The state has seen the greatest influx of wealthy Chinese investors looking to fast-track residential visas by spending more than $2.1 billion on property investment, business and shares in the past two years, says the report.

“At least 436 high-wealth Chinese, and a sprinkling of Hong Kong, South African, Japanese and Malay individuals promising to invest at least $5 million each in the Australian economy have secured residential visas under the new Significant Investment Visa program.”

More than half — 221 — now call Victoria home and the State Government has issued invitations to another 825 rich individuals to invest here.

Wealthy foreigners looking to move to Australia immediately, and be eligible for permanent visas after four years, can invest in real estate managed funds, bonds or Aust­ralian companies.

It's not a cage fight or even mixed martial arts.  It's the gentle art of warfare by paper.  

Legal Training Australia (LTA) is arguing a matter before Judge Cameron today at 2:15pm.  The location will be Level 8, Court 8.3, 80 William Street, Sydney.

The issue that LTA seeks to ventilate is the form and structure of the CPD scheme and the policy that OMARA applies to applications by approved CPD providers.