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Australia has always been an international student hub and COVID19 had a major effect how students maintain their stay in Australia.

According to the Department of Education and Training Student visa holders contribute $40 billion to the Australian economy and support around 250,000 jobs.  It is therefore paramount that we keep a pathway for students open where it is safe to do so.

As announced last week, international students will be able to extend their visa-free of cost, those who hold a student visa but are offshore will be eligible to apply for a post-study work visa (485) are some of the changes announced to student visa arrangements announced by the government.

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Posted by on in General

Australian Borderforce has made a number of changes to temporary visa holder arrangements during the coronavirus crisis in order to protect the health of the community.

It should be noted that employers are still required to abide by all relevant Australian workplace laws. Overseas workers, including international students, have the same rights under Australian workplace law as all other employees.

Below are some of the industry sectors where COVID 19 changes have been implemented:

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As Australia continues to navigate through COVID19 crisis, travel restrictions are being reviewed on a continuous basis to ensure they are in line with the recommended measures put in by the Department of Health.

As of 1 August 2020, the following criteria applies for travel exemptions including additional exemptions for individuals such as school students:

Exempt categories

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Posted by on in General
Under policy, work experience must be undertaken on a full time basis (or part time equivalent) at the required skill level.  Whether an applicant is "employed" bears little relevance.  The case officers are interested in actual work performed (work is defined as any activity which would ordinarily attract remuneration) and whether this work is at the required skill level.
 
See below the relevant extract: 
  • Experience gained as part of a Masters and/or PhD may be considered as work experience for relevant occupations, such as medical and research occupations.
  • Experience gained whilst studying, through a formal arrangement (for example, a clinical/industry placement, internship or apprenticeship) that is undertaken as part of a CRICOS registered course of study, may be considered as work experience where it is relevant to the occupation. This includes, but is not limited to:
    • for medical practitioners, experience gained through internships or the final year medical training, including periods of clinical placements; and.
    • the internship component of the Professional Year Program.
  • Experience gained whilst studying, through a formal arrangement (for example, a clinical/industry placement, internship or apprenticeship) outside of a CRICOS registered course of study, must be undertaken at the skill level of the relevant occupation to be considered as work experience.

Accordingly, a combination of "employment" and "internship" will meet the two year work requirement assuming this was performed at the right skill level which I understand is the case here.

There has been some ambiguity in relation to how many hours is full time work for the purposes of ENS.

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PQSM v Minister for Home Affairs [2020] FCAFC 125
Full Court of the Federal Court of Australia
Mortimer, Banks-Smith & Jackson JJ
Migration law - Minister's delegate, under s501CA(4) Migration Act 1958 (Cth) (Migration Act), refused to revoke cancellation of appellant's visa - Administrative Appeals Tribunal affirmed delegate's decision - Colvin J of Federal Court of Australian found Tribunal erroneously failed to consider 'relevant matter' of the 'impact of non‑revocation on the appellant's partner and two adult children, but that the mistake did not constitute a jurisdictional error - whether Colvin J misapplied 'standard of materiality' - ss499(1) & 499(2A) Migration Act - Direction 79 - 'standard of materiality' - whether primary judge erred in applying Minister for Immigration and Border Protection v SZMTA [2019] HCA 3 - held (Mortimer J dissenting): appeal dismissed.
PQSM
DHX17 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 127
Full Court of the Federal Court of Australia
Collier, Rangiah & Derrington JJ
Migration law - Minister’s delegate refused to grant appellants protection visas - Immigration Assessment Authority affirmed delegate’s decision - appellants required extension of time under s477(2) Migration Act 1958 (Cth) (Migration Act) to commence ’judicial review proceedings’ - Judge Vasta of Federal Circuit Court refused extension of time - Greenwood J of Federal Court found Judge Vasta misapplied s477(2) by erring in approach to application of test in s477(2) Migration Act - however primary judge found the mistake had not resulted in “jurisdictional error" - whether Greenwood J erred by failure to determine Judge Vasta’s misapplication of s477(2) Migration invalidated refusal of extension of time - scope of examination of merits in exercise of discretion under s477(2) Migration Act - “a threshold assessment of merit” - application by Judge Vasta of ’higher test to the assessment of merits than was required’ - whether jurisdictional error - whether error material - whether ’concept of materiality applied to ’exercise of a power’ rather than ’disposition of a matter’ - - held: appeal allowed.
DHX17
Eros v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1061
Federal Court of Australia
Allsop CJ
Migration law - Minister's delegate refused to grant first appellant a student visa - Administrative Appeals Tribunal affirmed delegate's decision - Judge Vasta of Federal Circuit Court dismissed judicial review application - whether erroneous failure to find decision of Tribunal 'involved legal unreasonableness' - whether erroneous failure to provide, on 'timely basis', 'settled written reasons' - comparison of terms of cl 500.212, Sch 2 Migration Regulations 1994 (Cth) (Regulations) with cl 572.22 & cl 572.223 Regulations - - whether misconstruction of cl 500.212 Regulations - “intends genuinely to stay in Australia temporarily” - 'evaluation in the chapeau' - 'genuine in intention as to length of stay and nothing else' - whether Tribunal 'asked wrong question' - Saini v Minister for Immigration and Border Protection [2016] FCA 858 - held: appeal allowed.
Eros

Source: Benchmark 

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