Australian Immigration Daily News

Beni v Minister for Immigration and Anor [2018] FCCA 756

On 18 December 2018 the Full Federal Court in the case of Beni found that the decision in Brown No2 was incorrectly decided and that there was no provision for an extension of time in the filing of applications at the AAT in migration matters generally from a first instance decision of DOHA. 

Below is the latest AAT Bulletin for 21 January 2019.  It contains the latest Citizenship and Migration Review decisions.

It is recommended that this bulletin and its contents be read online.

Source: http://www.aat.gov.au/AAT/media/AAT/Files/AAT%20Bulletins/03-19.pdf

The following information has been placed on the Live In Melbourne website:

Victorian nomination for select business and investor visas is currently paused – with the intention to resume accepting nomination applications in February 2019.

The current pause on applications for Visa Nomination is temporary to manage demand and to maintain high service levels.

The swooping changes to employer sponsored programmes including the abolition of the 457 visa and introduction of TSS visa as well as tightening of the ENS requirements is forcing employers to look for further options to bring or retain international talent. 

As same would be aware, companies are able to enter into a labour agreement with the government which is a formal arrangement negotiated between an Australian employer and the Australian Government. Applying for a visa under a labour agreement is the only migration pathway for employers seeking to recruit overseas workers for semi-skilled positions, or skilled positions where concessions to mainstream visa requirements are sought.

This includes positions which are currently not listed on Short Term Skilled Occupation List (STSOL) or Medium and Long-term Strategic Skills List (MLTSSL).  Where standard immigration pathways are an option, they should be used in preference to a labour agreement – this includes the standard TSS Framework as well as the Employer Nomination Scheme, or the Regional Sponsored Migration Scheme.

This is hot off the press...http://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/1997/1997fca0809

As a general rule where an applicant is successful at the FCC or Federal Court and the matter is remitted back to the AAT for reconsideration then the same member should not hear the matter again.

This is a perfectly reasonable conclusion and you should insist on  in every case.