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Onshore partner visa applications are given more priority than offshore partner visa applications The Department of Home Affairs has recently released Ministerial Direction 117 which provides instructions to delegates of the Minister to prioritise applicants for an onshore partner visa over applicants for an offshore partner visa. If you have an Australian partner and have…
On 4 September 2025, Home Affairs Minister Tony Burke released his new Ministerial Instructions—requests for use of the Minister’s intervention powers under sections 351 and 501J of the Migration Act 1958. The Minister has published the following list as his criteria for referring a request to a Minister. An individual of family seeking Ministerial Intervention…
Skills in Demand Visa Subclass 482 As of December 7, 2024, the Skills in Demand (SID) visa has replaced the Temporary Skills Shortage (TSS) visa. The Subclass 482 Skills in Demand Visa allows Australian employers to sponsor suitably qualified eligible overseas workers for a temporary work visa. There are three separate streams of nomination in the…
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (Div. 2) If your visa application has been refused by the ART (Administrative Review Tribunal), you have a right to appeal to the Federal Circuit and Family Court of Australia (Division 2) . Importantly, it is the Court’s job to consider whether the ART made important legal errors known…
As migration professionals, we constantly monitor cases and trends in decisions in the Department, tribunals, and courts. There is so much information available from blogs to the Departments own website which can be confusing and misleading. According to data from the Department of Home Affairs, there has been a significant increase in Training Visa program…
The Australian Government has recently replaced the Global Talent Visa with the National Innovation Visa (NIV). This is a permanent visa. Like the previous program, the purpose of the NIV is for individuals and entities to benefit the Australian economy in high-growth sectors such as: Advanced technology and AI Biotechnology and medical innovation Renewable energy…
In the High Court case of Ismail v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 2, the court examined Direction 90, a guideline issued by the Minister to assist in making decisions under Section 501 of the Migration Act 1958. This decision has significant implications for visa refusals or cancellations based on character…
I have often heard client’s say, “I didn’t get a lawyer to represent me in the AAT as I thought it was more important to have a lawyer to represent me in Court”. Nothing could be further from the truth. Our primary aim is always to win in the AAT, not the Court. The AAT…
1. Any application for a visa requires a fee to be paid to the “Department of Home Affairs.” Such a fee can be anywhere from $5,000 to $50,000 and is not refundable if the application is refused. It is, therefore, advisable to get expert representation in your visa application. 2. An application for an Australian…
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