Australian Immigration Daily News

Do you think you have seen and heard it all?

Well, sometimes when you read through the decisions of the Federal Courts, you can find something that is amazingly, astonishingly, insanely bad.

Are you ready for this one?

A fast track decision is one where the Department of Home Affairs refused the application because of a discrete criterion that does not require a subjective assessment, and evidence has now been given to the Tribunal that unequivocally satisfies the objective criterion in dispute. For example, if a visa application was refused only because suitable evidence of an English test result was not given to the delegate, and evidence of that suitable test result is now given to the Tribunal, a fast track decision may be possible. 

A fast track decision cannot be made where a subjective assessment of criteria is required (eg. genuineness); or where the Tribunal must consider all relevant criteria in order to reach a favourable decision (eg. Employer nomination/sponsorship).  

A high number of unsuitable requests for fast track decisions slow down this important process and reduce the overall efficiency of Tribunal operations, particularly during this difficult time. Requests that cannot be fast-tracked as I have described above will receive a short statement to this effect and the application will be dealt with according to its order of lodgement without further consideration. 

The purpose of the instrument is to provide a pathway for certain former and current holders of temporary visas to lawfully remain in Australia and who would otherwise be required to depart Australia who, but for the COVID-19 pandemic, are unable to leave Australia.

The instrument limits the class of persons who can be granted the visa to those who hold a visa that is 28 days or less from ceasing to be in effect, or held a visa that is no more than 28 days from ceasing to be in effect. It further limits the class of persons to those who are unable to apply for the same temporary visa they hold or held or any other subclass of temporary visa other than the Subclass 408 visa.

Source: LIN20122.pdf 

Migration Alliance has received the following email from the Department of Home Affairs, Immigration Policy Framework Branch this morning:

The Government has made announcements relating to temporary visa holders in Australia, as well as additional measures to support the Agriculture sector.  

Details of the announcements are available at the following websites: 

The NFF and its members have been working collaboratively with the Government on the issue of farm workforce stability and safety for some time.

The decision to extend the visas of foreign workers already working in Australia pursuant to the Pacific Labour Scheme, Seasonal Worker Programmes, and Working Holiday Programmes, gives certainty to farmers when planning for upcoming plantings and harvest.

Importantly, it will permit a continuity of business in the production of fresh produce, that is so important to the health and wellbeing of Australians, especially during the COVID-19 pandemic.

Source: Certainty-for-farm-workforce-continuity-and-safety.pdf