Chefs, along with bricklayers and wall and floor tilers, will be added to the Skilled Occupation List from July, making it easier for suitably-qualified people to secure a visa to enter, live and work in Australia, reports The Australian.

Assistant Minister for Immigration and Border Protection Michaelia Cash said the addition of the three professions would be welcomed in regional areas where there was increased demand for these jobs but “a decrease in apprenticeship completions’’.

“As an island nation with a small population, a sustainable human capital strategy for Australia must be readily available to safeguard business from labour and skills shortages,’’ Senator Cash said.

According to news reports the government has capped the program at 43,990 skilled visas next financial year. For each of the professions on the list, the number of positions available is capped at 6 per cent of the occupation’s workforce.

The Evisa system is predicated on the model permitted by section 495A.

MIGRATION ACT 1958 - SECT 495A

Minister may arrange for use of computer programs to make decisions etc.

             (1)  The Minister may arrange for the use, under the Minister's control, of computer programs for any purposes for which the Minister may, or must, under the designated migration law:

                     (a)  make a decision; or

                     (b)  exercise any power, or comply with any obligation; or

                     (c)  do anything else related to making a decision, exercising a power, or complying with an obligation.

             (2)  The Minister is taken to have:

                     (a)  made a decision; or

                     (b)  exercised a power, or complied with an obligation; or

                     (c)  done something else related to the making of a decision, the exercise of a power, or the compliance with an obligation;

that was made, exercised, complied with, or done (as the case requires) by the operation of a computer program under an arrangement made under subsection (1).

             (3)  For the purposes of this section, the following provisions are the designated migration law :

                     (a)  Subdivisions A, AA, AB and AC of Division 3 of Part 2 (other than section 48B);

                     (b)  any provision of this Act or of the regulations that the Minister, by legislative instrument, determines to be part of the designated migration law.

Thus, all decisions made by Computer program in the online visa system constitute an administrative decision authorised by section 495A which is taken to be a decision of the Minister personally. That being the case in any program where there is in effect a progress bar to the rest of the application which stops the completion of the application must be a requirement of the statutory scheme or it is ultra vires the Act.

Let me give you an example, a 31 year old holder of a working holiday visa which was granted before she turned 30 cannot lodge an online application because the computer program requires that person to be under 30 years of age. However the bar to the completion of the Evisa by reason of that programme in effect denies  the applicant the right to make a valid permissible application by denying access to the Evisa application to the completion and payment stage.

What this does is to import the schedule 2 provision ( regarding age limits) into the valid permissible application stage which incorporates schedule 1 of the Regs as well as section 46 of the Act.

In such a case the Applicant would be able to commence legal proceedings seeking mandamus  to require DIBP to accept their application irrespective of the considerations of merit.

No doubt DIBP would argue that in doing so the application is futile and seek for the application to be struck out on the grounds of futility. However, this may be a “pathway” through section 48 to the minister for example a spouse 820/801 “concessional “ application which cannot be launched at this time because the applicant is under a disability because  , for example when their working holiday visa was expiring they only had a defacto relationship of 9 months and by using the pathway of a further working holiday visa they can remain onshore, go to the MRT and from there to the Minister with 2 years under their belt.

This is of course completely lawful and may in some cases be a sensible  solution to the clients strategic and tactical position.

After all a man is entitled to take account of the operation of a statute in order to organise his personal affairs  which is why the Code of conduct contemplates what appears to be the contradiction arising out of the requirement to act lawfully and to purse the legitimate legal interests of the client in the context of the vexatious application and the “out” provided for in paragraph 2.17(b) of the Code.

However thinking like that is a ‘thought crime’ which  may well lead the Stasi to knock on your door.

Room 101 here I come...I hope they have fed the rat!

 

The following information is taken from the DIBP annual report 2012-2013.

The year at a glance

China’s ultra-high-net-worth (UHNW) investors are coming to Australia and are creating new opportunities for the nation’s capital, property and SME markets.

Uncover these opportunities at Basis Point’s 2nd Annual Significant Investor Visa conference – Thursday 3 July, Grand Ballroom of the Hilton Hotel, Sydney, 10.30am to 4.50pm, $388 plus GST.

Unlike Australia-China business dealings of previous decades (where mostly giant Chinese State-Owned Enterprises dealt with Australian resources conglomerates), this new wave of Chinese investment represents more individualised opportunities.

We are also witnessing the rise of the Australia comprador, (a reversal of China/Western history) in connecting Chinese UHNW to Australian investment and business opportunities.

This SIV conference will discuss the mission-critical topics central to the success of the Significant Investor Visa (SIV) program, provide insights into the Chinese UHNW, and offer a networking platform for industry players and investors’ representatives/compradors.   It will be Australia’s largest SIV event.  (Last year, the first SIV event attracted 310 delegates)

Panellists will be revealed soon – including;

    - an expert in Macau casinos and the Chinese high-rollers... and a unique distribution network for SIV providers from this sector
    - a well-known (amongst Chinese UHNW in Australia) luxury property advisor;
    - an SIV applicant (on behalf of a relative in China who has 20+ friends waiting to also apply);
    - a venture capitalist who has significant success in attracting SIV capital into his fund.

 To register, please click here.  

Sponsors include - One Investment Group, NAB Private Wealth (both Platinum); Migration Alliance, Baker & McKenzie (both Gold) and Moore Stephens, ACB Newsonline (Both Silver) with more to be announce shortly.

Programme:

10:30am - Coffee & Registration

11.00am – Opening remarks.  NAB Private Wealth

11.15am - SIV Opportunities

                        David Chin, Managing Director, Basis Point                      

11.45am - Panel Discussion 1: Reaching Chinese/Asian High Net Worth investors

1.       Identifying & building relationships with distribution channels, (we have found one channel that has never been discussed)

2.       Rise of the Australian comprador and their increasing importance

3.       Why Asian based private bankers/wealth managers need Australian SIV investments (more than you think)

12.30pm –Lunch (stand-up –buffet style): Hilton Hotel, Grand Ballroom.

1.40pm - Panel Discussion 2: Insights on Asian HNW as they apply to Australia’s SIV. The "SIV Journey"

1.       Getting the funds into Australia, tax issues and other considerations. What gaps in the market exist?

2.       Using service providers and dealing with expectations

3.       How are investors viewing portfolio allocation and how has this changed over the past year?

4.       Catalysts for coming to Australia – what are the drivers and reasons for seeking an Australian SIV and will this escalate?

2.20pm - Panel Discussion 3: SIV Investment Products & Trends in Next 12 Months

1.       Investment and risk appetites of the HNW

2.       Range of investments discussed –e.g. property, equity/bond funds, SME/PE structures, agribusiness/environmental investments. "Beyond bonds"?

3.       Sharing and transfer of IP from Australia to China –opportunities

4.       How is migrant banking and financial services in Australia developing? What products and services are evolving?

5.       What are the key challenges facing the industry and how are these being overcome?

3.00pm - Panel Discussion 4: Where Are We Now? Where Are We Going in 2015?

1.       Competition to SIV from other countries

2.       Why China HNW migration to Australia could increase substantially?

3.       Department of Immigration issues/approval process

4.       What more can be done with respect to education and dissemination of information?

3.40 - Closing Remarks. Justin Epstein, Executive Director, One Investment Group

3.50 - 4.50 – Cocktails, canapés and afternoon tea

___________________________

* Agenda subject to change

Registration

To register, please click here.   Please note, there is no same day ‘walk-in’ registration

P.S  Interest in SIV initiatives (including our latest newsletter here) has been strong, especially with the SIV programme gaining momentum. The magnitude for SIV opportunities can be seen in the $650 million in fees (immigration/legal fees alone) paid by 65,000 applicants to Canada’s SIV equivalent.

We also note that SIV service providers and non-competing SIV product providers are becoming strong referral agents for participants in the SIV industry. The power of networking and the establishment of referral marketing channels are very evident in this new SIV industry.

With more than 800 attendees at our previous 7 SIV events in Australia and Hong Kong where David Chin from Basis Point presented, there is a solid turn-out expected at this event, which will enable you to...

•     Network with potential distribution agents and investment providers
•     Hear speakers from Asia and Australia
•     Gather intelligence to build your SIV business strategies
•     Gain insights into the UHNW in China and Asia
•     Become a ‘first mover’ in this new but fast developing market

This conference’s venue capacity is limited to 400 delegates.  They will include Australian-Asian firms and compradors with distribution channels into the region, fund managers, property firms, corporate and business advisors, proprietary companies, private bankers, investment advisors, immigration agencies and industry service providers.