Australian Immigration Daily News

Check out the discussion in the Senate yesterday regarding 'Strengthening the Character Test'

Warning....interesting, but legislation-heavy reading...

Application of amendments

I am writing to make readers of the MA site aware that there has been a significant decision from Judge Riley of the Federal Circuit Court in Melbourne concerning the genuine temporary entrant requirement which relates to Direction No. 53, now superseded by Direction No. 69.. 

The decision was in a case called Singh v Minister for Immigration and Border Protection (2018) FCCA 3423 (23 November 2018)  which can be accessed by clicking on this link.

In brief, Judge Riley held that if the Tribunal fails to take into account a "mandatory consideration" that is listed in Direction No. 53 (which binds all decision-makers in their assessment of whether an applicant satisfies the GTE), then jurisdictional error may have occurred.

Dear Colleagues,

The "silly season" is upon us.

The Grinch (you know who) are gearing up for Christmas which means that every outstanding decision and case you have ever filed is going to be decided between now and Christmas Eve. You will receive emails, NOICC, Cancellations, refusals of SBS/Noms, PIC 4020, Natural Justice letters, OMARA complaints, in fact everything you do not need at this time.

Australia’s largest and most representative business network, the Australian Chamber of Commerce and Industry, has renewed its call to accelerate action through the Skilling Australians Fund (SAF) to boost falling apprentice and trainee numbers, following the release of the National Centre for Vocational Education Research (NCVER) latest results today.

Apprentices and trainee commencements fell by 3.3 percent to 35,280 in the June quarter 2018, compared to the same quarter in 2017, according to the Apprentices and Trainees 2018 June quarter estimates.

Source: SAF-needs to Accelerate action.pdf

I believe that the Greens have got it wrong in opposing the Migration Amendment (Regulation of Migration Agents Bill) 2018 which would remove unnecessary restrictions on the migrant advisory profession. 

The Migration Amendment (Regulation of Migration Agents) Bill 2018, which was debated in the Senate earlier this week, would implement changes recommended by the 2014 independent review, the 'Kendall Review', of the Office of the Migration Agents Registration Authority (OMARA).

The bill would bring into law recommendations of the OMARA review that lawyers who hold practising certificates are removed from the regulatory system that governs migration agents.