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Posted by on in General

These amendments are inserted by Schedule 1 and Division 3 of Schedule 5 to the Amendment Regulations.

The Working Holiday Maker (WHM) program consists of two visa Subclasses, the Working Holiday (Subclass 417) visa and the Work and Holiday (Subclass 462) visa (WHM visas). The key differences between the two visas are that Subclass 462 (Work and Holiday) visa arrangements generally have caps on the number of visas granted annually (except for the United States of America) and may include additional eligibility requirements such as a minimum education level, English language proficiency or letters of support from a partner country Government. Subclass 417 (Working Holiday) visa arrangements are uncapped with no limit on the annual number of visa grants.

 Source: HA-LA-Measures-2-Reg-2020.pdf and  HA-LA-Measures-2-Reg-2020-Explanatory-Memorandum.pdf

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Posted by on in General

As our readers may be aware, the Department of Home Affairs announced an additional step for TSS nominations, requiring employers to utilise an additional platform “jobactive” to satisfy Labour Market Testing component of the nomination application.  Whilst the introduction of this additional requirement was not applied retrospectively, the requirement is applicable to all nominations lodged on or after 1 October 2020.

What is jobactive?

According the to the website (https://jobsearch.gov.au/), the platform allows employers as well as job seekers to digitally connect.  Employers are able to browse through eligible candidates and job seekers are able to view available jobs.  The service is free to both employers as well as job seekers.

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BJO18 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCAFC 189
Full Court of the Federal Court of Australia
Murphy, O'Callaghan & Snaden JJ
Migration law - Minister's delegate refused to grant appellant a Temporary Protection (Class XD) (subclass 785) visa - Immigration Assessment Authority affirmed delegate's decision - Judge Mercuri of Federal Circuit Court dismissed judicial review application - whether erroneous failure to find Authority engaged in 'irrational or illogical reasoning' in findings concerning credibility of appellant - 'high degree of caution' required before finding jurisdictional arising from 'adverse credit findings' - whether erroneous failure to undertake 'appropriate predictive exercise' in making decision whether there was 'real chance' appellant would 'suffer serious harm if returned to Pakistan' - whether inadequacy of reasons - held: appeal dismissed.
BJO18
CJE19 v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1620
Federal Court of Australia
Beach J
Migration law - Minister's delegate refused to grant appellant a Temporary Protection visa - Immigration Assessment Authority affirmed delegate's decision - Judge Street of Federal Circuit Court dismissed judicial review application - whether Authority's finding that appellant 'would return to Karbala' irrational - whether finding 'inconsistent with other findings' - whether finding reached without properly considering applicant's reasons for relocation - whether failure to give 'proper contextual consideration' to appellant's evidence - whether 'illogicality or irrationality' - whether Authority unreasonable in failing 'to exercise or consider exercising' power under s473DC(3) Migration Act 1958 (Cth) 'to interview or get new information from' appellant concerning place he would return to - held: Authority unreasonably failed to consider exercising power under s473DC(3) Migration Act, or alternatively failed to exercise it - failure was material - appeal allowed.
CJE19

Source: Benchmark

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Posted by on in General

Migration Agents should probably be made aware that any organisation producing breaking news in this profession subscribes to the same news-monitoring services as Migration Alliance.  Migration Alliance subscribes to Capital Monitoring by LexisNexis which sends us emails each time a Bill, Amendment or other sort of immigration matter is coming out of Canberra.

It lands in our email inboxes, we copy the information, we save the attachments and we publish it as news on the website.  There is nothing particularly groundbreaking about that.  The only thing it takes is payment for the subscription service, which is a little bit expensive.

Before you pay any organisation a subscription fee for a news service, please keep in mind that all the relevant news is actually available on this website for FREE!  If it is not on this website then it is probably not worth bothering to read, as it is usually going to be extra news for 'news sake'.

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The purpose of the instrument is to update the arrangements for making an application for a Protection (Class XA) visa, a Temporary Protection (Class XD) visa or a Safe Haven Enterprise (Class XE) visa.

Specifically, the instrument makes changes so that an application for one of these visas must be made using the internet form specified for that visa, as an internet application (internet application). If an applicant is unable to make an internet application, the instrument specifies that an application may be made using the relevant paper form specified for the visa and by posting it to the Department.

Source: LIN20169.pdf and LIN20169-Explanatory-Statement.pdf

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