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Posted by on in General

Skills assessments come in all forms, shapes and sizes.  There are also a number of reasons we have skills assessment procedures in place.

Firstly, there are different skills assessing authorities for different occupations and each authority applies its own assessment criteria and that may be very different to criteria applied to a visa application.  This may create somewhat of a paradoxical situation whereby a person meets criteria relating to obtaining a positive skills assessment, yet their skills and experience may not meet relevant criteria for grant of the visa.

Here is a practical example, VETASSESS group A occupations in some instances require a relevant degree plus one-year work experience.  What if an applicant only has one year of relevant work experience and the purpose of the application is to meet Direct Entry requirements for a 186 visa?

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Posted by on in General

It has been a big week in the international education space.  I am sure you have seen the reports, but I thought I would share a link to this week’s ABC 4 Corners episode:

https://www.abc.net.au/4corners/cash-cows/11084858 

In addition, today I received an email from Mr Darryl Goodhand, General Manager, International Health at Allianz Partners, which reads as follows:

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Posted by on in General

Schedule III Criteria can be confusing for agents as well as practitioners given the number of discretionary factors involved in assessing whether an applicant meets criteria applicable to waiver provisions.

To put it simply, visas such as partner visas require an applicant to be a holder of a substantive visa or at the time of application if the application is made inside Australia.  There may be situations where an applicant does not hold a substantive visa.  For example, an applicant might be holding a Bridging Visa, or they may in fact be an unlawful non-citizen.

If either of the two elements apply, in addition to meeting ordinary visa applicant criteria, an applicant will need to meet the following:

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DZG17 v Minister for Immigration and Border Protection [2019] FCA 8
Federal Court of Australia
Greenwood J
Migration law - interlocutory application - Minister's delegate refused to grant appellants protection visas - Tribunal affirmed delegate's decision - Federal Circuit Court dismissed judicial review application - appellants sought to adduce documents and 'oral evidence' on appeal's hearing - appellants also sought order that certain 'Freedom of Information' files be produced - relevance of documents to appeal grounds - held: interlocutory application dismissed.
DZG17

DFW18 v Minister for Home Affairs [2019] FCA 599
Federal Court of Australia
Steward J
Migration law - Minister's delegate cancelled applicant's Class BB Subclass 155 Five Year Resident Return Visa due to applicant's failure to pass 'character test' under s501(6) Migration Act 1958 (Cth) - another of Minister's delegate's declined to revoke 'cancellation decision' - Administrative Appeals Tribunal affirmed delegate's decision - applicant sought judicial review - whether Tribunal considered claims of applicant concerning risk issue - whether Tribunal considered remorse issue - challenge to findings concerning 'non-refoulement obligations' and impediments which could be faced by applicant 'if returned to Turkey' - held: review application allowed. 
DFW18

CAQ18 v Minister for Home Affairs [2019] FCA 603
Federal Court of Australia
Banks-Smith J
Migration law - Minister's delegate refused to grant appellant a Protection (Class XA) visa - Administrative Appeals Tribunal affirmed delegate's decision - Tribunal rejected claims of appellant on basis appellant was an 'unreliable witness' - primary judge found Tribunal's findings were open - appellant contended primary judge did not 'adequately consider' review grounds, as demonstrated by reasons' brevity and ex tempore delivery - appellant also contended Tribunal did not disclose existence of invalid s438 certificate - credibility - 'significant harm' - held: appeal dismissed.
CAQ18

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The following information appears on the TRA website:

The Department of Education and Training will be undertaking a period of routine maintenance on its IT infrastructure between 8 pm Friday 10 May 2019 to midnight Sunday 12 May 2019 Australian Eastern Standard Time (AEST).

During this time, TRA IT services including the TRA online portal, TRA website, and email enquiry services will be unavailable.

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