Australian Immigration Daily News

1.      Employer Sponsored Entry Program

The Home Affairs released the following statement in relation to Employer Nomination as well as Regional Sponsored Migration Scheme.  The provisions will come into effect on Monday, 3 September 2018 which include new arrangements for managing queries regarding refusal decisions for the Permanent Employer Sponsored Entry (PESE) program (subclass 186 and 187 visas) will come into effect.

From 3 September 2018, all queries related to refusal decisions for subclass 186/187 visa applications should be sent to Employer Sponsored Program Management (ESPM) via the This email address is being protected from spambots. You need JavaScript enabled to view it. mailbox.

ESPM will only provide a response to a query raising concerns about the refusal of a subclass 186/187 nomination and visa application where:

• the decision has not been appealed to the Administrative Appeals Tribunal (AAT);
• you have provided detailed evidence/reasoning to support your claim; and
• your email references in its subject line the 'refusal query code' relevant to your particular case as listed below:

• N1 – Subclass – Nom/ Visa - TRN – to be used where the application was refused on the grounds that certain evidence was not provided when it was in fact provided
• N2 – Subclass – Nom/ Visa – TRN – to be used where the application was refused before the time period for requested information or comments to be provided ended
• N3 – Subclass – Nom/ Visa - TRN – to be used where the application was refused despite an earlier request for withdrawal being made
• N4 – Subclass – Nom/ Visa - TRN – to be used where the application was refused on the basis of third-party adverse information that the client was not invited to comment on (s57/procedural fairness)
• N5 – Subclass – Nom/ Visa - TRN – to be used where an application was accidentally withdrawn without the applicant's consent.

These new arrangements will be reflected in the Sponsored Skilled mailbox auto-response.

In addition to the above, Home Affairs confirms the following guidelines for ESPM Applications:

a)      the Department is not obliged to consider requests to ‘vacate’ decisions and consequently there is no commitment to a specific response timeframe or outcome and further correspondence will not be entered into

b)     it should not be inferred from the referral to ESPM that the refusal decision on your application will be revisited

c)      if your client is entitled to seek a merits review of the Department’s decision through the AAT, you should still consider this option and discuss with your client

As of 31 July 2018, current processing time for subclass 186 visa applications is approximately 13 months for Direct Entry as well as TRT Streams.  RSMS applications are being processed within 22 months for Direct Entry and 13 months for TRT Streams.

Further information on Employer Sponsored Skilled Program is available on the Department’s website:

https://www.homeaffairs.gov.au/trav/visa-1/186-

2.      Onshore Protection Visas

Applicants are encouraged to use online lodgement method for onshore protection as well as Special Humanitarian Program. 

Changes to lodgement methods

In line with the whole-of-government Digital Transformation Agenda, arrangements for the lodgement of Protection, Humanitarian and Refugee visas will change from 1 September 2018. Reference IMMI 18/029 Arrangements for Protection, Refugee and Humanitarian Visas Instrument 2018. 

New legislative instrument IMMI 18/029 – Onshore Protection

Paper applications for the Protection (Class XA) (subclass 866) visa must be mailed to:

Onshore Protection New South Wales

Department of Home Affairs

GPO Box 9984

SYDNEY NSW 2001

Applications received in Victoria on or after 1 September 2018 will not be accepted and will be invalid. Note there are no changes to the available lodgement methods: internet applications via ImmiAccount and post or courier to a specified address (as outlined above).

Special Humanitarian Program

Applications proposed in accordance with approved forms 681 or 1417, otherwise known as applications for the Special Humanitarian Program, can be lodged using the online portal at:

https://homeaffairs.gov.au/humvisaapplication

Paper applications for the Special Humanitarian Program may be mailed or couriered to the following addresses: 

For mailed applications:

Special Humanitarian Processing Centre

Department of Home Affairs

GPO Box 9984

SYDNEY NSW 2001

For couriered applications:

Special Humanitarian Processing Centre

Department of Home Affairs

Level 3

26 Lee Street

SYDNEY NSW 2001

Further information on special humanitarian program can be found here: https://www.homeaffairs.gov.au/trav/refu/offs/the-special-humanitarian-program-(shp)