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The applicant made an application for a student visa through his migration agent. The visa was refused. A common story. The Administrative Appeals Tribunal (AAT) has strict rules about how soon after being notified of a decision the applicant has to lodge an appeal. In this case the time limit was 21 days from being…
In 2021, Australia held a Royal Commission in the Aged Care sector which made a raft of recommendations that depend on new workers to ameliorate the sever shortage of aged-care workers. The government calculated the overall shortfall of aged care workers would be 25,437 nurses and care workers in the next financial year, blowing out…
On 2 September 2022, the Minister for Home Affairs, the Hon Clare O’Neil MP announced a comprehensive review of Australia’s migration system. In April 2023, the Minister announced anticipated changes to the current system. Below is a summary of the announced changes noting we are yet to see published changes to the law. Pathway to…
Don’t always assume that the Immigration Department officers and communications are right about what the law says. Often, delegates misapply the law leading them down the wrong path toward a bad outcome for the visa applicant. While the Administrative Appeals Tribunal (AAT) or the courts can sort out delegates errors in applying the law, this…
It’s certainly true that many of us have own migration stories. Some stories will break your heart and it’s some of these stories that set who we are as lawyers. It’s important that we all know these stories so that we can understand humanity and make a better society. This story starts 30 years ago…
Skilled Visas: Sometimes the voice of reason prevails – but sometimes (often) it takes a court ruling on the interpretation of the words in the law. In the world of skilled visas, you have to have a suitable skills assessment at the time of invitation – the invitation cones as a response to an ‘Expression…
From 1 July 2022, the Minister made legal changes to allow skilled migrants who stayed in Australia during the pandemic to have better access to permanent residence. A positive change for Australian businesses skilled migrants, and the community. The change is that Temporary Skill Shortage (TSS) subclass 482 visa holders who have been in Australia…
Mandatory Visa Cancellation: Following the decision of the Full Federal Court in Pearson which found that if a person receives an aggregate sentence of 12 months or more, they should not be subject to mandatory cancellation of their visa, the government is in the process of introducing a new law, the Migration Amendment (Aggregate Sentence)…
Sometimes laws change slowly. But sometimes the law can change quickly and create new opportunities. Equally though, change can take away opportunities. We can advise you on how best to take advantage of your options now to avoid missing out on Permanent Residency opportunities. On 19 April 2017, the Minister replaced the Skilled Occupation Lists…
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