Industry Updates

Under s 48(3) of the Migration Act 1958 (Cth), a person who leaves and re-enters Australia while holding a BVB is taken to have been continuously in the MZ for the purposes of s 48. Thus, if a person leaves Australia, re-enters and applies for a visa, they are still s 48 barred. But does s 48(3) also apply to a person who leaves Australia on a BVB, applies for a visa and then re-enters Australia?

'Due to scheduled update, this web application will be unavailable on Thursday, 16th May 2019 9:00pm - 10:00pm (Australian Eastern Standard Time)'

'Applications for NSW nomination for business and investor visas have reopened'

Federal Court: "The Minister has acted unlawfully. His actions have unlawfully deprived a person of his liberty. His conduct exposes him to both civil and potentially criminal sanctions, not limited to a proceeding for contempt. In the absence of explanation, the Minister has engaged in conduct which can only be described as criminal".

'LEGENDcom will be unavailable from 2pm (AEST) Saturday 01/12/2018, until 9am (AEST)​ Sunday 02/12/2018'

'SA will be closing the General Skilled Migration (GSM) state nomination 190/489 application system from 9am on Monday 24 June 2019 and will re-open in the first week of Jul 2019 (the date and time will be confirmed at the start of July)'

It is very common for clients to ask us questions such as: "would visa X give me access to Medicare and if so, would I have full benefits, or would there be some limitation?"; "would visa X allow my children to study in public schools?"; "would visa X give me access to welfare benefits?". And the list goes on. We discuss some of the implications of giving advice on matters in which we do not have the required knowledge and/or licence/registration.

The practitioner's submission included the following passage: I 'made the misguided decision to rewrite the file notes on plain paper as I firmly believed it was inappropriate to hand in any file notes on Blake Dawson and [sic] Waldron letterhead'. As there was no suggestion that the rewriting involved dishonesty, the Tribunal made a finding of unsatisfactory professional conduct.

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

The explanatory statement to the legislative instrument that created visa subclass 870 states that the new visa "is not intended to be a pathway to any other parent category visa". However, with respect, the legislation has not achieved that purpose. For instance, we explain how it is possible to apply for an 870 visa and then, while that application is pending, apply for a 143 visa, and vice-versa.