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Posted by on in General

NSW has temporarily closed applications for nomination for certain visas under the federal government’s Business Innovation and Investment Program pending the release of additional places by the Department of Home Affairs.

Applications now closed

Applications for nominations for the following visas are now closed:
Business Innovation and Investment (Provisional) visa (subclass 188) – Business Innovation stream
Business Innovation and Investment (Provisional) visa (subclass 188) – Investor stream
Business Innovation and Investment (Provisional) visa (subclass 188) – Significant Investor stream
Business Innovation and Investment (Provisional) visa (subclass 188) – Entrepreneur stream
Business Talent (Permanent) visa (subclass 132) – Significant Business History stream
Business Talent (Permanent) visa (subclass 132 – Venture Capital Entrepreneur stream

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Posted by on in General
A recent decision of MARA dismayed me regarding our practice's compliance of Clause 5.1 . It is foolhardy of this agent to breach other Clause of the Code. But the Mara concluded the Agent's charge was not reasonable as little work had done from the prospective of MARA .( Para 134 ) I think it went too far.
It  raised a question that how much work we should do to reasonably charge $1000 ?if my consulting fee is $1000 per hour, I think it is nothing wrong as long as my client is happy to pay.Given the Migration law is a very complicated area, the precise advice for client is priceless.
 
The other parts of the decision is also appalling in my opinion.
Para 141  Encouraging and assisting clients, for a fee, to prolong their lawful stay in Australia has a direct and profound negative effect on the integrity of Australia’s Protection visa and migration programs. It also tarnishes the reputation of the migration advice profession. As such, I find that the Agent has breached his obligations under clause 2.23 of the Code. 
 
Helping the client get a lawful stay in Australia is the essence of migration service in my opinion. It is a matter of Executive and Legislature to close this loophole if they wish. Why did this agent breaches Clause 2.23 of the Code ?
 
Para 145  the Agent does not appear to have made any attempt to do so.37 The Agent’s failure to encourage his clients to approach the Department to regularise their status,..., constitutes a further breach of clause 2.23 of the Code.
Are we obliged to encourage client to approach the department under Code 2.23? For some clients, keep hiding may be in the best interest of them in some instance 
 
I can not agree MARA's standing of Clause 2.23 and 5.1 in this case. It is particularly machiavellian of MARA trying to put this agent down. The agent may made some mistakes, but a decision of cancellation is obviously disproportionate.  You can see where this could go, can't you.  We should do something about it.
 
As we are in a period of uncertainty , an agent may fail to continue deliver the service due to a lot of reasons, I think Australian government should set up an agent fee protection service in migration service industry liken tuition protection service in international education industry. It is in the best interest to protect vulnerable customers and reputation of industry. Any RMA's client will be compensated or transferred to another RMA if the RMA is sanctioned by MARA.
 
Do you know what should I do if I would like to push this idea into reality ?
 
TPS link
 
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Posted by on in General

The instrument repeals the instrument Migration (IMMI 18/030: Class of Persons and Specified Events for Class GG Visa and Subclass 408 (Temporary Activity) Visa) Instrument 2018 in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (Interpretation Act). 

The Interpretation Act states where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.

 Source: Migration-LIN-18-215-Class-of-Persons-eligible-for-a-nil-visa-application-charge-for-Class-GG-visa-and-Suclasss-408-Instrument-2018.pdf

and 

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Posted by on in General

Joint members of the MIA-Migration Alliance have provided us with a copy of the MIA's "Vale - Kevin Lane FMIA' announcement today:

"It is with the greatest sadness that the MIA informs members that Kevin Lane, FMIA, passed away last night."

Migration Alliance recognises the contribution that Kevin Lane has made to the profession. Kevin had many friends within the industry.

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Posted by on in General

The Bulletin regularly includes a sample of decisions recently published in the AAT’s Migration & Refugee Division and Social Services & Child Support Division.

It occasionally includes information on legislative changes that affect the AAT.

Source: AAT-Bulletin-17-Dec-2018.pdf

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