Australian Immigration Daily News

Purpose

Trades Recognition Australia (TRA) provides a skills assessment service for people with trade skills gained overseas or in Australia for the purpose of various working visa applications. Regulation 5.40 of the Migration Regulations provides for the Minister to specify the fee payable to a non-corporate Commonwealth entity for performing such services. As the TRA is a business area within the Department of Education, Skills and Employment, which is a non-corporate Commonwealth entity under the Public Governance, Performance and Accountability Act 2013, the fees for applications to TRA can be specified under regulation 5.40.

The purpose of the instrument is to specify under subregulation 5.40(1) of the Migration Regulations:

- the fees payable to TRA for an application of assessment of a person¡¦s occupational qualifications or experience (or both) and educational qualifications (under paragraphs (a) and (b)); and

- the fees payable for an application for internal review of an assessment (paragraph (c)).

The instrument also removes specification of fees in relation to applications for the Trades Recognition Service (TRS) and Skilled Worker Program (SWP) that are no longer in operation. The TRS was a service within the TRA that closed on 1 December 2020, and the SWP was replaced by the Migration Skills Assessment in July 2011.

Source: LIN21023.pdf and LIN21023-Explanatory-Statement.pdf

Cold weather, dark mornings and the dreaded flu season.  Winter can mean constant illness for some.  However, it’s not all doom and gloom - there are a number of things we can do to keep ourselves healthy during the winter months.  Allianz Care Australia has put together some tips to keep your health in top shape this winter season:

1.   Boost Your Immunity

Eating well, getting enough sleep, and staying active are all important to help support your immune system.  In particular, make sure you are getting enough:

Overview of the Disallowable Legislative Instrument

The Disallowable Legislative Instrument prescribes the period for the Administrative Appeals Tribunal (the Tribunal) to decide certain applications for merits review, consequential to the commencement of the Migration Amendment (Clarifying International Obligations for Removal) Act 2021.

Relevantly, the Migration Amendment (Clarifying International Obligations for Removal) Act 2021 amended section 197C of the Migration Act 1958 (the Migration Act) to ensure that section 198 of the Migration Act does not require or authorise the removal of an unlawful non-citizen to a country in relation to which that unlawful non-citizen has been found to engage non-refoulement obligations through the protection visa process, by way of a ¡¥protection finding¡¦. However, the amended section 197C of the Migration Act does permit the removal powers to operate where:

- the decision in which the protection finding was made has been quashed or set aside;

- the Minister makes a decision under new subsection 197D(2) that the unlawful non-citizen is no longer a person in respect of whom a protection finding would be made and merits review of that decision is complete; or

- the non-citizen requests, in writing, to be removed to that country.

The Migration Amendment (Clarifying International Obligations for Removal) Act 2021 also amended the Migration Act to provide for merits review of the decision under new subsection 197D(2). Paragraph 411(1)(e) of the Migration Act provides that decisions under subsection 197D(2) are ¡¥Part 7-reviewable decisions¡¦ (as defined in the Migration Act), reviewable by the Tribunal. Subsection 419(1) of the Migration Act provides that if an application for review of a decision under subsection 197D(2) of the Migration Act is made to the Tribunal, the Tribunal must make its decision on review, and notify the applicant of the decision, within a prescribed period.

The purpose of this Disallowable Legislative Instrument is to amend the Migration Regulations 1994 (the Migration Regulations) to provide that the prescribed period for the Tribunal to make its decision in relation to review of a decision under subsection 197D(2) of the Migration Act ¡V and notify the applicant of that decision ¡V is 120 days. This period will start when the application for review is received by the Tribunal, and will end at the end of 120 days starting on the first working day after the day on which the Tribunal received the application. Should this time period prove insufficient, subparagraph 419(2) of the Migration Act enables the Tribunal, with the applicant’s consent, to extend this period to allow flexibility if the decision on review is particularly complex or other circumstances arise which may result in the Tribunal not meeting this timeframe.

Source: MA-Clarifiying-international-obligations-for-removal-Regulations-2021.pdf and

MA-Clarifying-international-obligations-for-removal-regulations-2021-explanatory-statement.pdf

The following email has been received from the Western Australian state government:

We would like to advise you that online application for 2021/22 Western Australian State Nomination is open from today 4^th August 2021 for the following visa categories: 

• 188A – Business Innovation
• 188B – Investor
• 188C – Significant Investor 

Please refer to our website for more information about the other categories. https://www.businessmigration.wa.gov.au/business-migration/provisional-business-visas 

The NSW government has published the following information: