Australian Immigration Daily News

 Is it difficult to get a “Carer” (Subclass 116) visa? 

A recent case decided by the Federal Court, Nguyen v Minister for Immigration and Border Protection (2016) FCA 688 (9 June 2016) tells us that the answer to this question is: “Yes!” 

Trying to satisfy the criteria for grant of a Carer visa can indeed seem as difficult as trying to climb over a brick wall! 

What is the correct interpretation of the “genuine temporary entrant” criterion for student visas? 

Can an applicant have a “subjective” intention or “wish” to remain in Australia following the completion of their studies if a further visa pathway becomes available, and still be considered a genuine temporary entrant for the purpose of a student visa? 

Or is it the case that having such an intention or wish is inconsistent or incompatible with being a genuine temporary entrant? 

Suppose a client contacts you and asks for your help in challenging the cancellation of a student visa. 

Are there any good arguments you can make to salvage the student’s situation? 

What if the student visa was cancelled on the basis of alleged non-compliance with the dreaded Condition 8516, which is in the following terms: 

I am heading back to Iran and I am trying, in conjunction with my colleagues at the Australia Iran Migration Consultants Association (http://www.iran.org.au) to set up, in about  April, a Migration Expo across the 3 main cities of Iran. Tehran, Isfahan and Shiraz.

What do I know about Iran and its economy and the demographic which would warrant this activity?

The population is largely young and they are highly skilled. 70 percent of the Iranian population was born after the 1979 revolution.

Compliance in Melbourne are in the grips of a craze concerning Migration Agents and protection visas. Today a colleague was told that if they lodged an application for a protection visa on behalf of their client that they would "tarnish" their reputation as an RMA.

Last week a colleague was the subject of an allegation from a compliance officer to the effect that he had encouraged a client to make false statements in an application for a protection visa. That allegation arose in the course of a conversation where my colleague complained that compliance was intimidating my client during the course of the BVE interview.

Perhaps it was just a bit of tit for tat....OR...perhaps Compliance in Melbourne is in the grips of some craze about lawful permissible applications and the Code of Conduct.