Breaking Australian immigration news brought to you by Migration Alliance and associated bloggers. Please email help@migrationalliance.com.au
Migration Alliance has received positive feedback from participants in the LTA Capstone training program. The latest feedback comes from a Capstone exam participant in Darwin:
Hi
I have successfully passed the Capstone written assessment and will soon sit the oral assessment on the 16th of Dec. Even though I haven't passed my oral exam yet, I just want to say thank you for your workshop on 20th October.
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On 28 November 2019 the Senate referred the provisions of Migration Amendment (Regulation of Migration Agents) Bill 2019 and Migration Agents Registration Application Charge Amendment (Rates of Charge) Bill 2019 to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 18 March 2020.
The deadline for submission to the inquiry is 31 January 2020.
Committee Secretary
Senate Legal and Constitutional Affairs Committee
PO Box 6100
Parliament House
Canberra ACT 2600
Phone: +61 2 6277 3560
Fax: +61 2 6277 5794
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On 4 November 2019, the Hon David Coleman MP officially launched the Global Talent Independent program, which offers a streamlined, priority visa pathway for highly skilled individuals to work and live permanently in Australia. The program is designed to strengthen Australia’s ability to compete for the world’s best and brightest skilled migrants and grow Australian businesses of the future.
The eligibility requirements for the program include that the candidate:
In assessing whether a candidate is likely to have the ability to meet this salary threshold, the Department will consider: current salary or future job offers; as well as candidates who have recently graduated or are soon to graduate with PhD or Masters qualifications in the target sectors.
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| HZCP v Minister for Immigration and Border Protection [2019] FCAFC 202 Full Court of the Federal Court of Australia McKerracher, Derrington & Colvin JJ Migration law - appellant's protection visa was subject of 'mandatory cancellation' under s501(3A) Migration Act 1958 (Cth) (Migration Act) (cancellation decision) - Minister's delegate declined to revoke cancellation decision under s501CA(4) Migration Act - appellant contended Administrative Appeals Tribunal erred in concluding it could not examine facts on which appellant's criminal conviction was based or 'receive evidence' inconsistent with or contradictory of evidence which District Court of Western Australia had relied on in appellant's conviction and sentence - whether Tribunal correct to find it could not entertain evidence on which appellant sought to rely - whether primary judge erred in failing to find jurisdictional error by Tribunal arising from its constructive failure to exercise jurisdiction and/or its 'irrational or illogical' factual finding - held: appeal dismissed. HZCP |
| AAM17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2019] FCA 1951 Federal Court of Australia Mortimer J Migration law - Minister's delegate refused to grant appellant a Protection (Class XA) visa - Refugee Review Tribunal affirmed delegate's decision - Federal Circuit Court dismissed judicial review application - whether Federal Circuit Court had admitted into evidence appellant's affidavit and Court Book containing evidence relevant to Tribunal's decision - whether 'unfairness' in Federal Circuit Court's process - whether procedural unfairness arising from appellant's lack of access to reasons of Federal Circuit Court - held: no error in Federal Circuit Court's approach to exercise of 'supervisory jurisdiction' concerning decision-making of Tribunal - however 'no version' of Federal Circuit Court's reasons, given when it pronounced its orders, was accessible to appellant until 'more than a month' after notice of appeal filed - denial of procedural fairness established - appeal allowed - matter remitted. AAM17 |
| Somjich v Minister for Home Affairs [2019] FCA 1921 Federal Court of Australia Rangiah J Migration law - Minister's delegate refused to grant appellant a Partner (Residence) (Class BS) visa (Permanent Partner visa) - Administrative Appeals Tribunal affirmed delegate's decision - Federal Circuit Court of Australia dismissed judicial review application - appellant contended he was denied natural justice on basis Tribunal had sent an 'invitation to comment upon information to the wrong email address' - appellant also sought leave to raise ground of appeal that Tribunal had 'failed to consider centrally important evidence' - error by appellant's former counsel in deciding not argue ground of appeal on which appellant now sought to rely - ss357A, 359A & 379A Migration Act 1994 (Cth) held: Tribunal failed to consider 'centrally relevant evidence' - jurisdictional error established - appeal allowed. Somjich |
| BIR18 v Minister for Immigration & Anor [2019] FCCA 3291 Federal Circuit Court of Australia Judge Mercuri Migration law - Minister's delegate refused to grant applicant a protection visa - Immigration Assessment Authority affirmed delegate's decision - applicant, by application in a case, sought reinstatement of judicial review application in respect of Immigration Assessment Authority's decision - factors in MZYEZ v Minister for Immigration and Citizenship [2010] FCA 530 - whether 'arguable case' - held: Court satisfied that one of applicant's grounds was 'at least arguable' - reinstatement application granted. BIR18 |
Source: Benchmark https://benchmarkinc.com.au/web/
A mechanical workshop north of Melbourne has been fined $18,900 for underpaying temporary foreign workers, following recent enforcement activity by the Australian Border Force (ABF).
A total of 111 workplaces across Australia that sponsor temporary skilled workers were visited by the ABF during October.
A number of businesses were sanctioned during the activity, aimed at ensuring employers comply with their sponsorship obligations.
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