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Posted by on in General

Invitation Round results are as follows: 

457 / 482 visa holders: 12 invitations

  • 190 nomination: 6 invitations
  • 491 nomination: 6 invitations

Matrix nominating Critical occupations: 140 invitations

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BSMQ Queensland

Changes in Subclass 491 - SBO pathway eligibility 

Eligibility criteria for the Subclass 491 Small Business Owners pathway has been updated by BSMQ. Updated BSMQ criteria requires you to:

  • have an occupation on HA s Legislative instrument (LIN 19/051)
  • have prior business experience (operating the business successfully for at least 6 months meets this criteria), qualifications to successfully run the business, or previous family-run business experience.
  • be on a visa that allows full-time work and operation of the business for a minimum of 35 hours per week
  • have purchased an existing business in regional Queensland (Note: not available for start-ups or home-based businesses, franchise businesses must have been operating for at least a year prior to purchase)
  • invested a minimum of $100,000 in the business prior to submitting an EOI
  • have 100% ownership of the business (partnerships or joint ventures not eligible)
  • be trading in the business for 6 months prior to application
  • employ one (1) employee who is an Australian resident working a minimum of 20 hours per week. Please note: an Australian resident for 491-SBO purposes is an Australian permanent resident, Australian citizen or New Zealand citizen on a subclass 444 Special Category visa.
  • provide evidence of sufficient settlement funds. 



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Applicant S270/2019 v Minister for Immigration and Border Protection [2020] HCA 32
High Court of Australia
Kiefel CJ; Gageler, Nettle, Gordon & Edelman JJ
Migration law - respondent refused to revoke cancellation of appellant's Class BB Subclass 155 Five Year Resident Return visa - appellant granted special leave to appeal - appellant contended Minister erroneously failed to consider whether 'non-refoulement obligations' owed to appellant - whether material before respondent raised issue whether Australia owed non-refoulement obligations concerning appellant and, if issue was raised, whether respondent deferred issue's consideration on basis any non-refoulment obligations 'could be considered if' appellant applied for protection visa - whether respondent 'was required to consider Australia's non-refoulement obligations' - whether appellant claimed fear of 'persecution or serious harm' - whether non-refoulment obligations 'a mandatory relevant consideration' under s501CA(4) Migration Act 1958 (Cth) - held: issue whether Australia owed non-refoulment obligations not raised - non-refoulment obligations not a mandatory relevant consideration - appeal dismissed.
Applicant S270/2019
Mokhlis v Minister for Home Affairs [2020] HCA 30
High Court of Australia
Edelman J
Migration law - plaintiff transferred to Australia from Manus Island to receive 'medical treatment' under s198C(2) Migration Act 1958 (Cth) (Migration Act) - plaintiff was 'unlawful non-citizen' under s14(1) Migration Act - plaintiff detained in immigration detention - defendants did not consider whether to exercise discretion to make 'residence determination' - plaintiff claimed he was suffering 'severe mental and physical harm' due to detention and that 'continued detention' was breach of duty of care by defendants - plaintiff sought 'range of remedies' preventing 'ongoing detention' - whether plaintiff's application hopeless - whether Court could remit matter to Federal Circuit Court - 'jurisdictional requirements' - "migration decision" - whether appropriate to remit matter - s44(1) Judiciary Act 1903 (Cth) - s75(v) Constitution - s476(1) Migration Act - Kazemi v Minister for Home Affairs [2020] HCATrans 124 - held: proceeding remitted to Federal Circuit Court of Australia under s44(1) Judiciary Act 1903 (Cth).
Guclukol v Minister for Home Affairs [2020] FCAFC 148
Full Court of the Federal Court of Australia
Katzmann, O'Callaghan & Derrington JJ
Migration law - Minister cancelled appellant's visa under s501(3A) Migration Act 1958 (Cth) (Migration Act) on basis of appellant's failure to pass 'character test' in s501(6) Migration Act ('cancellation decision') - appellant sought cancellation decision's revocation - Minister not satisfied 'his power to revoke' cancellation decision enlivened - Snaden J of Federal Court of Australia dismissed application for review of refusal to revoke cancellation decision - appellant appealed - '"no evidence" ground' - whether 'irrationality or legal unreasonableness' - whether 'failure to comprehend rehabilitation' - whether failure to understand and address submission - whether 'failure to take account of evidence' - held: appeal dismissed.


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Field Research - Insights from Industry has put together a piece on the IDP-Migration Alliance relationship, as follows:

Liana Allan is the founder of the Migration Alliance, a membership organisation for about 5,500 Registered Migration Agents.

In June, the Alliance struck a referral agreement with IDP to direct migration agent clients to IDP if they were looking for higher-education outcomes. You can read more here

Ms Allan says the referral arrangement has started well.

"We have had quite a big flow since we started up.

"There are a lot of people who are sick and tired of their college and they want to transfer to a more reputable onshore university or college. IDP can help move them."

The referral relationship is focused on in-country clients who are considered low risk.

Ms Allan says agents want to be able to give their clients a pathway to Group of Eight (Go8) universities and IDP is one of the few education agency groups that can offer such a pathway.

She notes that many education providers are not inclined to enter a relationship with smaller migration agencies on an individual basis.

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Queensland State Migration has released the following news via twitter:

BREAKING NEWS: An automatic travel exemption is now available for holders of a Business Innovation and Investment (subclass 188) visa.

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