“Fake migration agents sentenced”

ABF: "Investigations revealed that although neither of the women were registered migration agents they had advertised migration assistance and charged a fee whilst not being registered, and provided immigration assistance to at least three travellers who were found to be in possession of fraudulently obtained identity documents".

MARA: educating consumers on how to obtain immi assistance after deregulation

OMARA has just announced high-level overview plan on how the public will be educated about obtaining immigration assistance once the "Deregulation" Bill is passed.

IT: subclass 485 Graduate Work stream via Diploma & Advanced Diploma?

The temporary graduate skills assessment pathway offered by the Australian Computer Society (ACS) requires that applicants have completed an Australian Bachelor Degree or higher. We explain how it is possible, in some circumstances, for a person who obtained an AQF Diploma and Advanced Diploma in IT to apply for a subclass 485 visa, despite the above rule.

Can a BVE holder obtain a BVA?

It is commonly said that a BVE holder cannot apply for, and obtain, a BVA. With respect, we explain why that is not necessarily true.

When client taken to have received document from DHA

In order to avoid situations where applicants, sponsors or visa holders can claim they have never in fact received a document from the Department, the Migration Act 1958 (Cth) contains provisions that deem receipt of that document. The time when the person is deemed to have received a document will depend on whether the document was given by hand, by handing it to a person at the recipient's last residential or business address, dispatched by post or email.

Giving immigration assistance without registration

It is commonly said that the giving of immigration assistance by a person who is not an RMA makes that person liable for imprisonment, with exceptions. That is not an accurate statement. Unregistered assistance itself does not lead to imprisonment. What can lead to imprisonment is something else, as we explain.

Change of circumstance: when does obligation to notify end?

It is common sense that visa applicants must notify the Department as soon as practicable of changes of circumstances that occur before visa grant. But does the obligation to notify apply to changes that occur after grant? If not, are there good reasons to notify the Department of changes of address or email address anyway?

Unlawful non-citizen necessarily s 48 barred?

Common mistake: "An unlawful non-citizen is necessarily barred under s 48 of the Migration Act 1958 (Cth) from making an application for most visa classes while in the migration zone". With respect, we explain why that assertion is wrong.

Can Ministerial directions be challenged?

If the Minister issues a written direction to a person or body having functions or powers under the Migration Act 1958 (Cth), are those directions binding on them? Are there circumstances where those persons or bodies are not required to comply with certain aspects of a Ministerial direction?

Child born in Australia “inherits” both parents’ visas?

If a child is born a non-citizen in Australia and, at the time of birth, one the parents holds a visa of a given subclass and the other parent holds a visa of another subclass, does the child "inherit" any of those 2 visas? If so, does the child inherit the most beneficial visa? Can the child "inherit" and hold both visas at the same time? Are there circumstances where the child will "inherit" no visa at all and will be born an unlawful non-citizen, despite the fact that the parents hold a visa? The answers might be surprising.

Copyrighted Image