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Australian Immigration Daily News

Breaking Australian immigration news brought to you by Migration Alliance and associated bloggers. Please email help@migrationalliance.com.au

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The following email has been received from the Department of Home Affairs today:

The Department of Home Affairs advises that on 27 November 2020, the Priority Migration Skilled Occupation List (PMSOL) was updated to include the occupation of Social Worker (272511), based on advice from the National Skills Commission. 

As you know, the Government is committed to protecting the health of Australians during the global pandemic and is carefully calibrating skilled migration to fill critical skills needs that support Australia’s economic recovery from COVID-19. On 2 September 2020, the Government announced the introduction of a Priority Migration Skilled Occupation List (PMSOL) as part of this commitment.

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Priority IELTS booking for Victorian Employer Sponsored Visas (subclass 186 and 187) applicants

As a result of Covid-19 restrictions across Victoria, some applicants for Subclass 186 or a Subclass 187 have been unable to get their IELTS test in time to lodge an application. If these applicants are unable to lodge a visa application, they could experience significant delays. Or they may have to restart the nomination process. Some applicants could lose the ability to obtain the visa altogether if, for example, they no longer meet the age requirement.

In collaboration with the Department of Home Affairs, IELTS has offered to help these applicants with a priority booking. 

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Stewart v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 196
Full Court of the Federal Court of Australia
Rares, Anastassiou & Stewart JJ
Migration law - applicant held Special Category (Temporary) (Class TY) (subclass 444) visa - applicant had five children - children were Australian citizens - first respondent's delegate cancelled applicant's visa under s501(3A) Migration Act 1958 (Cth) (Migration Act) on basis applicant failed to satisfy 'character test' in ss501(6) & (7) Migration Act - first respondent's delegate declined to revoke visa's cancellation - Administrative Appeals Tribunal affirmed delegate's decision - applicant sought judicial review - 'preliminary point' - whether representations of applicant to Minister to revoke visa's cancellation 'were not received by the Minister', hence not “made” under s501CA(4)(a) Migration Act, within 28-day time period, such that power to revoke cancellation 'not enlivened' - whether 'legally unreasonable' findings by Tribunal - mental health of applicant - whether 'insufficient weight' given to 'applicant's history of mental illness and drug and alcohol addiction' in context of consideration of his criminal record and 'risk to the community' - whether 'insufficient weight or inadequate consideration' of applicant's mental health' in context of consideration of impact on applicant of returning to New Zealand - held: application dismissed.
Stewart

Source:  Benchmark

Ali v Minister for Home Affairs [2020] FCAFC 201
Full Court of the Federal Court of Australia
Rangiah, O'Callaghan & Abraham JJ
Migration law - first respondent's delegate declined to revoke 'mandatory cancellation of' appellant's Partner (Residence) (Class BS) Subclass 801 – Partner visa under s501CA(4) Migration Act 1958 (Cth) - second respondent Tribunal affirmed delegate's decision - Perry J of Federal Court of Australia dismissed appellant's judicial review application - appellant contended erroneous failure by Tribunal to consider '“Pre-Release Report” potentially relevant to' his 'risk of recidivism' - appellant also contended erroneous failure by Tribunal to accept appellant 'had no prior criminal history' - appellant also contended Tribunal denied him procedural fairness by 'not squarely' putting to him its conclusions concerning 'aspects of' his 'risks of recidivism' - whether primary judge erred in rejecting appeal grounds - 'no point of principle' raised by appeal - held: appeal dismissed.
Ali
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With a significant slowdown in General Skilled Migration, there is a significant rise of interest in the Global Talent Independent (GTI) visa program. This program aimed to attract qualified professionals to work and live permanently in Australia. Recently GTI merged into a single subclass 858 visa, aiming to address impracticalities such as inability to apply for this visa within Australia in some instances as well as the need to depart Australia for grant of the visa.

In terms of the candidates, the program seeks to attract individuals in sectors working in cyber security, energy and mining technology, space and advanced manufacturing, data science and ICT, among others.

What makes the GTI program so interesting?

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The following email has been received from Live In Melbourne:

From 9AM AEST on Monday 30 November, the Victorian Government will open to receive new applications for Significant Investor (subclass 188C) visa (SIV) nominations.
The re-opening is possible due to a limited number of visa places remaining from the Commonwealth Government’s interim allocation in August 2020.

New state nomination visa places pending

The Victorian Government is awaiting further advice from the Department of Home Affairs on the allocations for skilled, business and investor state nominations for the remainder of the 2020-21 program year.
We will provide an update as more information becomes available. Please continue to check our website news for updates.
In the meantime, all other business innovation and investor visa nomination applications (subclass 188A, 188B, and 188E streams and subclass 132A and 132B streams) and the skilled program (subclass 190 and subclass 491) remain closed to new applications.
We continue to select high calibre skilled migrants for nomination from the pool of Registration of Interest submissions.

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