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The instrument operates to specify the requirements needed when applying to an application for a Work and Holiday (Temporary) (Class US) visa (Work and Holiday visa), as follows:

a. for the purposes of subitem 1224(1) of Schedule 1 to the Regulations, the instrument specifies the approved form for making a valid application;

b. for the purposes of paragraph 1224A(3)(a) of Schedule 1 to the Regulations, the instrument specifies the foreign countries that an applicant’s valid passport must be issued by; Authorised Version Explanatory Statement registered 28/06/2019 to F2019L00918 LIN 19/184 2

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Posted by on in General

The purpose of the instrument is to increase the eligible age for French applicants for the Subclass 417 (Working Holiday) visa to the maximum of 35 as allowed by the Regulations. The instrument also amends Schedule 2 to the instrument to include reference to a region (in addition to a country) and provide greater clarity for the age requirements.

The changes will only apply in relation to new applications for a Working Holiday (Temporary) (Class TZ) visa made on or after 1 July 2019.

Source: LIN19183-Instrument.pdf and LIN19183-Explanatory-Statement.pdf

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Minister for Home Affairs v Ogawa [2019] FCAFC 98
Full Court of the Federal Court of Australia
Collier, Reeves, Davies, Rangiah & Steward JJ
Migration law - respondent sought Partner (Temporary) (Class UK) Visa - appellant, under s501(1) Migration Act 1958 (Cth) (Migration Act), refused application - single judge of Federal Court of Australia quashed Minister's decision, finding Minister had not complied with obligation contained in ss54(1) & 55(1) Migration Act 'to have regard to two items of information' which respondent provided - primary judge also found Minister's refusal 'to defer his decision', when a decision had not yet been made on respondent's petition for pardon, was 'legally unreasonable' - 'Dr Whittington's letter' (letter) - 'Emotional Intelligence Certificate' - whether breach of natural justice - whether breach of s56(1) Migration Act - held: Minister erroneously failed to have regard to information in letter - appeal dismissed.
Minister for Home Affairs
Song v Minister for Home Affairs [2019] FCA 970
Federal Court of Australia
Perram J
Migration - two appeals - applicant sought Temporary Business Entry (Class UC) (Subclass 457) visa - applicant nominated company as sponsor - company sought approval to nominate applicant as 'web administrator' - delegate refused company's application because delegate not satisfied web administrator position genuine - delegate refused applicant's visa application on basis applicant not sponsored by 'approved sponsor' - Tribunal dismissed applications for judicial review - appeals from decisions of Federal Circuit Court - whether erroneous failure to find error by Tribunal - held: company's appeal dismissed - applicant's appeal dismissed 'as a matter of logic'.
Song
DZF17 v Minister for Home Affairs [2019] FCA 979
Federal Court of Australia
Thawley J
Migration - first respondent's delegate refused to grant appellant a protection visa - Immigration Assessment Authority affirmed delegate's decision - Federal Circuit Court of Australia dismissed application for judicial review - whether to grant leave to raise new appeal grounds - whether failure to consider 'important and centrally relevant evidence' - whether 'legal unreasonableness' - s473DC(1) Migration Act 1958 (Cth) - held: Authority did not properly consider "review material" - appeal allowed.
DZF17
Gohil v Minister for Home Affairs [2019] FCA 977
Federal Court of Australia
Perram J
Migration - Minister's delegate refused to grant appellant a Temporary Work (Skilled) (subclass 457) visa - Administrative Appeals Tribunal (Tribunal) found it lacked jurisdiction to review decision - Federal Circuit Court dismissed application to quash Tribunal's decision - whether erroneous finding of lack of jurisdiction - s348(1) Migration Act 1958 (Cth) - absence of 'approved nomination' - held: appeal dismissed.
Gohil
DGS17 v Minister for Home Affairs [2019] FCA 962
Federal Court of Australia
Farrell J
Migration - first respondent's delegate refused to grant appellant a Safe Haven Enterprise visa (SHEV) - Immigration Assessment Authority affirmed delegate's decision - Federal Circuit Court of Australia dismissed judicial review application - requirement of 'identification of error' - FLW17 v Minister for Immigration & Border Protection [2019] FCA 352 - whether Authority failed 'to consider all relevant circumstances' in assessing whether there were 'exceptional circumstances' justifying consideration of 'Al Jazeera article' - whether jurisdictional error arising from 'misstatements' - held: appeal dismissed.
DGS17

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

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Occupation ceilings updated for 2018-19 migration program 

Occupation ceilings have been updated for 2018-19 migration program.  The Department of Home Affairs has published the new occupation ceilings on its website today. 

An 'occupation ceiling' might be applied to invitations issued under the independent, skilled regional (provisional) visas. This means there will be a limit on how many EOIs can be selected for skilled migration from an occupation group. This ensures that the skilled migration program is not dominated by a small number of occupations. Once this limit is reached, no further invitations for that particular occupation group will be issued for that program year. Invitations will then be allocated to intending migrants in other occupation groups even if they are lower ranking.

Source: https://immi.homeaffairs.gov.au/visas/working-in-australia/skillselect/occupation-ceilings

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Results of 11 June 2019 invitation round released today

The Department of Home Affairs has released the results of the 11 June 2019 invitation round.  The DoHA has kept the number of invitations the same:

  • 100 in 189 stream, and
  • 10 in 489 (family sponsored) stream

Source: https://immi.homeaffairs.gov.au/visas/working-in-australia/skillselect/invitation-rounds

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