Australian Immigration Daily News

Skilled News Letter – Migration Alliance Summary

Department of Home Affairs released their November edition of Skilled Newsletter.  Topics of interests include Temporary Skills Shortage (TSS) visa, Employer Nomination Scheme, Transfer of Labour Agreements to online platform and more.

Migration Alliance brings you the following summary to help you to prepare your application under the new regime.

How many times have you been told: “The deadline for filing an application for merits review to the Administrative Appeals Tribunal is absolutely fixed, rigid and inflexible! There is no way to get the deadline extended under any circumstances. The Tribunal simply does not have the power to grant an extension of the deadline, even if it were inclined to do so.”

The principle that “the filing deadline cannot be extended” is undoubtedly something that is taught in every course that Registered Migration Agents must take to be eligible for registration with the Office of the Migration Agents Registration Authority.  I even recall that this was something that was taught when I took a course sponsored by the Migration Institute of Australia, a short three-day course on “introduction to migration law for lawyers”.

So it has been an “article of faith” that the filing deadline cannot be extended, no matter what.

The instrument repeals IMMI 18/102 (F2018L00773) made under the Regulations, specifically, subregulation 2.07(5), paragraph 1224A(3)(a), subparagraph 1224A(3)(b)(iii) and subitem 1225(5) of Schedule 1 to the Regulations and subclause 417.211(2) and paragraphs 462.212(b) and 462.221(c) of Schedule 2 to the Regulations and 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. 

The instrument also operates to specify the minimum standard of education qualifications an applicant for a Work and Holiday (Temporary) (Class US) visa and a Subclass 462 (Work and Holiday) visa must satisfy at the time of application.

The following Instrument made by Peter Dutton on 25 May 2018 has been disallowed on 13 November 2018.  

Here is the disallowance notice: Notification-of-disallowance-fast-track-applicant-class.pdf

The PREVIOUS Fast Track Applicant under Migration (IMMI 18/019: Fast Track Applicant Class) Instrument 2018