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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. 

Source: https://migration.qld.gov.au/skilled-visa-options/im-operating-a-small-business-in-regional-queensland/

 

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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).
Mokhlis
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.
Guclukol

Source: https://benchmarkinc.com.au/web/

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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.

https://covid19.homeaffairs.gov.au/travel-restrictions-0

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Operation Angove was an investigation into corruption allegations concerning interaction between the Department of Home Affairs (Home Affairs) and the Australian Border Force (ABF) with Crown Melbourne Limited (Crown) and their VIPs who travelled to Australia, particularly from China, to gamble in their facilities.

The investigation considered three allegations:
• whether there was corruption by Home Affairs staff in relation to the provision of Australian visas for Crown VIPs.
• whether there was corruption by ABF staff in relation to the clearing of those VIPs at the Australian border.
• whether an ABF staff member engaged in corrupt conduct while employed by a VIP junket operator.

The investigation did not find evidence of corrupt conduct by Home Affairs or ABF staff in relation to any of the three allegations.

Source: Media-Statement-Operation-Angove-9-Sept-2020.pdf

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