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Posted by on in General

Subclass 491 Provisional Regional Visa was introduced on November 16, 2019 as part of several reforms to regional skilled migration.

There are two streams available under this program

  1. State Nominated Stream
  2. Family Sponsored Stream

Whilst each State and Territory appear to cover the requisite State/Territory Specific requirements, the Regulations regarding Family Sponsored Stream appear to be broad and open to interpretation.

...
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Posted by on in General
BYN18 v Minister for Home Affairs [2020] FCAFC 80
Full Court of the Federal Court of Australia
Nicholas, Markovic & Lee JJ
Migration law - appellant's Class XA Subclass 866 Protection visa cancelled under s501(3A) Migration Act 1958 (Cth) (Migration Act) after Minister's delegate formed view appellant had 'substantial criminal record' under s501(6)(a) Migration Act and failed 'character test' - appellant given notice of decision by letter from Department which 'unnamed person' signed - appellant sought extension of time to contend that person who signed letter 'did not hold a delegation from the Minister authorising him or her to do what was required of the Minister by s501CA(3)' Migration Act - Judge Street of Federal Circuit Court dismissed application for extension of time on basis of lack of jurisdiction to deal with appellant's application - Judge Flick of Federal Court of Australia found notification given to appellant of decision to cancel appellant's visa was not a “decision” which was 'susceptible of judicial review' - whether giving of notice under s501CA(3) Migration Act was a “migration decision” 'as defined by' s5 Migration Act - 'privative clause decision' - ss474(a), 474(g) & 474(h) Migration Act - whether to decline to set aside Flick J's judgment 'on discretionary grounds' - whether decision in EFX17 v Minister for Immigration and Border Protection [2019] FCAFC 230 'plainly wrong' - whether unsatisfactory explanation for delay - held: Flick J erred in finding Street J lacked jurisdiction to deal with application for extension of time - appeal allowed.
BYN18
DVE18 v Minister for Home Affairs [2020] FCAFC 83
Full Court of the Federal Court of Australia
Perram, Charlesworth & Stewart JJ
Migration law - appellant applied for Refugee and Humanitarian (Class XB) visa under s46 Migration Act 1958 (Cth) - 'nearly five years passed' before application's determination, by which time appellant was married with son - wife and son join as 'secondary applicants' - Minister refused to grant visa - appellant sought judicial review - Markovic J of Federal Court of Australia accepted that 'Minister had not had regard to the risk of harm faced by the appellant's wife and child' but concluded appellant had not advanced claim concerning risk which gave rise to an obligation to consider the claim - review application was dismissed - whether denial of procedural fairness, failure to undertake statutory task and/or constructive failure to exercise jurisdiction - whether Minister's decision 'legally unreasonable' - held: Markovic J erred in concluding that risk of harm was 'only faintly raised' in statutory declarations and that claim of risk of harm was 'not seriously advanced' - appeal allowed.
DVE18
BEG17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 660
Federal Court of Australia
Perry J
Migration law - first and second appellants were husband and wife - third appellant was son of first and second appellants - Refugee Review Tribunal affirmed decision of Minister's delegate to refused to grant protection visas to appellants - Tribunal accepted first and second appellants' contention that if they were returned to India as an 'inter-caste couple' there was 'real chance' they would be victims of 'honour killings' - however Tribunal found first and second appellants had 'right to enter and reside in Nepal', a right which they 'had not taken all possible steps to avail themselves of' - Tribunal found Australia did not owe appellants protection obligations under s36(3) Migration Act 1958 (Cth) (Migration Act) - held: Tribunal, contrary to s425 Migration Act, failed to extend 'real and meaningful invitation to the hearing' - appellant were not provided with 'real chance to present their case' - Tribunal's decision unreasonable due its 'failure to advise' appellants they could seek adjournment and 'to put further material before Tribunal concerning 'Nepal issue' - appeal allowed.
BEG17

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

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Posted by on in General

At Allianz Global Assistance (AGA) we live and breathe assistance. We’re passionate about helping international students and visitors make the most of their time in Australia without worrying about how to access or pay for health care if they become injured or unwell.

Each year we manage more than 300,000 Overseas Student Health Cover (OSHC) and Overseas Visitors Health Cover (OVHC) memberships and process more than 800,000 claims.

Here are just some of the reasons AGA OSHC and OVHC are a great choice for both your clients and you.

...
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Posted by on in General

Latest data on the Department of Home Affairs website shows the minimum points cut off for 189 General Skilled Migration and 491 (Family Sponsored Migration) stands at 95 points with a total of just 100 invitations issued for both programmes.

Certain occupations are attracting higher points in order to score an invitation including

Accountants – 100 points

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Posted by on in General

Today, Legal Training Australia hosted a seminar with NSW Government discussing the State Nomination Programme for 2020/2021.

As we are all aware, State Nomination is competitive process, with criteria changing based on the economic needs as well as ensuring that Australian Citizens and PR holders are offerded jobs in the first instance.

The following update was provided by Zane Rebrojna in relation to NSW State Migration hosted together with Ross Ahmadzai from Legal Training Australia.

...
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