Industry Updates

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

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

The OMARA has recommended 65 changes to the Code of Conduct for RMAs, some of which are as follows: "[An RMA] must not seek to abuse any process or procedure in connection with Australian migration law or advise any person to do something which would amount to such abuse ... [An RMA] must not deliberately or negligently provide false or misleading claims or documentation to, or deliberately or negligently conceal relevant information from, the decision maker in relation to any immigration matter they are representing".

"The National Security Committee of Cabinet has [on 13 Feb 2020] agreed to extend the entry restrictions on foreign nationals who have recently been in mainland China for a further week from 15 February 2020 to protect Australians from the risk of coronavirus... The continuation of the travel restrictions means that for a further week, foreign nationals – excluding permanent residents – who have been in mainland China will not be allowed to enter Australia for 14 days from the time they left. As before, Australian citizens and permanent residents will still be able to enter, as will their immediate family members (spouses, legal guardians and dependants only)".

We have recently received a copy of an electronic, unclassified newsletter published by the Department of Home Affairs for Regional Certifying Bodies (RCBs), which includes the following passage: "RCB officers can use the ESPM mailbox to raise issues requiring clarification and to copy us into your email to the RCB Advice mailbox in cases where you suspect fraudulent practices by nominators or migration agents".

Common mistake: It is commonly said that a BVA can only be granted if a person makes a substantive visa application while that person is onshore, but a closer look at the relevant legislative provisions reveals otherwise.

8 existing visa types are adversely affected by the new subclass 491 and 494 regional visas. If a subclass 491/494 visa is (or has been) held by a client, that client might not be eligible for any of those 8 existing visa types and might not even be eligible for a BVA. However, those 8 existing visas are not affected in the same way. As a result, it is not enough to understand Schedules 1 and 2 for the new visas. It is also necessary to understand how those new visas could affect each of those 8 existing visas types.

This episode features Part 1 of a discussion on the occupation list changes of 11 March 2019 for points tested and subclass 482 visas and their impact on clients and practitioners

We have compiled a short list of some of the many entities & professionals that can help RMAs (and future RMAs) in the area of mental health, ranging from fee to paid services. Any RMAs who find themselves in a difficult period of their lives are welcome to contact any of those entities and also to seek alternative options not listed here. What really matters is that help is sought whenever needed.

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.