Industry Updates

General professional occupations: 'As of 14 February 2019, we will be considering the exact date, including day, month and year for the Date Deemed Skilled'; work outside last 10 years may be considered

​'Invitations for State nomination are usually issued on the third Thursday of each month. This will be brought forward by one week in April due to the Easter closure. Invitations are anticipated to be issued by 11 April 2019'

With respect, we have identified 8 issues in the sponsorship application form, which does not accurately reflect the new legislation in some aspects and might lead to unwarranted sponsorship refusals; given the success of our webinars on this new parent visa, we will be running those CPD webinars again

When does the obligation to notify the Department of change of circumstance cease? Many people believe the obligation goes on for the entire duration of the visa, whatever the visa is, which is wrong.

The latest AAT Bulletin contains references to several citizenship & migration review decisions

The new Class PS, Subclass 491  visa will replace visa subclass 489 (regional points-tested GSM) on 16 November 2019. However, the new class will have an additional requirement under Schedule 1 which does not currently exist for subclass 489. Non-compliance with that requirement will lead to an invalid 491 visa application.

It is common sense that the cancellation power under s 109 of the Migration Act 1958 (Cth) can be used where a visa holder gave incorrect information for the purposes of the application for the visa currently held. But can a person's visa be cancelled under s 109 by reason of the giving of incorrect information for the purposes of an application for a visa previously held?

Federal Court (Full Court). AAT granted visa on 11 Mar 2020 to Respondent, who was kept in detention till 17 Mar 2020. Minister applied for JR to FCA, which dismissed application and held, among other things: Respondent was not released earlier because of the Minister's "personal dislike of the Tribunal decision"; “In the absence of explanation, the Minister [had] engaged in conduct which [could] only be described as criminal”. FCAFC unanimously allowed Minister's appeal, holding that conduct in question did not amount to bad faith (and implicitly was not criminal) and was not engaged in by Minister personally. If AAT makes a decision based on the law as then understood and that understanding is later on overturned by a court, is the AAT's decision affected with jurisdictional error ab initio? Did AAT have power to grant visa which had been refused under s 501?

'Accountant (General) (221111) will be removed from all the Queensland Skilled Occupation Lists (QSOLs) on 17 September 2018...'

The latest AAT Bulletin contains references to several citizenship & migration review decisions