Australian Immigration Daily News

The purpose of the Federal Court and Federal Circuit Court Amendment (Fees) Regulations 2020 (the Regulations) is to increase the Federal Circuit Court application fee for migration litigants.

The amendments made by the Regulations do not change who is liable to pay a Federal Circuit Court application fee, but provide that those individuals who are migration litigants are to pay a higher fee. The increase fee is commensurate with the Federal Circuit Court’s placement in Australia’s court hierarchy. The increased fees are also accompanied by a partial fee exemption provision, which allows individuals to pay a reduced fee where paying the full fee would cause financial hardship. The existing full fee exemptions also continues to apply.

 Source: Federal-Court-and-Federal-Circuit-Court-Fees-2020.pdf and Federal-Court-and-Federal-Circuit-Court-fees-2020-Explanatory-Statement.pdf

The instrument repeals Migration (LIN 19/209: Arrangements for Certain Skilled and Temporary Graduate Visa Applications) Instrument 2019 (F2020C00274), made under subregulation 2.07(5) of the Regulations in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the AIA).

Subsection 33(3) of the AIA states that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

Source: LIN20162.pdf and LIN20162-Explanatory-Statement.pdf

Traveling to and from Australia remains a burdensome process.  Practitioners as well as visa holders struggle with the process of securing successful travel exemptions to facilitate travel.

What is a travel exemption?              

Australia has strict border measures in place to protect the health of the Australian community. Very limited flights are currently available to and from Australia and you may not be able to travel at this time. Travel restrictions are subject to change. Please check back regularly. See: National Cabinet media statement.

As reported earlier, the Department of Home Affairs has issued an interim allocation of subclass 491, 190, 188 and 132 visa nomination places to states and territories.  It is anticipated that that the interim nomination arrangement will continue until early – mid December 2020.

The Department of Home Affairs has directed that, all nominations must be justifiable in relation to their likely contribution to Australia’s economic recovery, and follow three priorities:

High quality subclass 188 and 132 (Business Innovation and Investment Program) nomination applications.

The Founder and General Organiser of Migration Alliance, and Director of Legal Training Australia, RMA Liana Allan is a finalist in the MyBusiness Awards 2020 in the following categories:

• Business Leader of the Year 
• Businesswoman of the Year 

We are thrilled to share this news about our Founder with the migration advice profession.

The awards night is on 4 December 2020 at 6PM.