LMT exemption: PACER Plus treaty

The Pacific Agreement on Closer Economic Relations Plus (PACER Plus) came into force on 13 December 2020. As a result, a legislative instrument based on the PACER Plus exempting individuals from Labour Market Testing requirements has commenced on the same day.

Social security: waiting period for subclass 309 and 820 visa holders

'The Amendment Determination only clarifies... that a person who becomes the holder of [a visa subclass 309 or 820] is subject to the [newly arrived resident's waiting period]' of 104 weeks

AAT review rights removed for certain 482, 457 & 407 visa applicants

From 13 Dec 2018, the eligibility for merits review will become much stricter, including for TSS applications

Migration Amendment (Strengthening the Character Test) Bill 2019

The amendments expand the character test from a sentence-based approach to a test that also involves convictions, whether or not they are followed by sentences.

Discouraging pro-bono work?

A Bill that discourages practitioners to leave charities and work solely on a non-commercial basis.

AAT eligibility for TSS applicants: Misconceptions?

The article recently published on the changes made to s 338(2) of the Migration Act has prompted industry discussions, with some practitioners arguing that those changes will not affect the AAT eligibility of TSS applicants. The writer respectfully disagrees, as s 57 not always applies.

New s 338(2)(d) might deny AAT eligibility

Part 2 of the Migration and Other Legislation Amendment (Enhanced Integrity) Act 2018 brings changes to the circumstances in which a subclass 482 visa refusal is reviewable by the AAT. If s 57 of the Migration Act is not enlivened and the TSS application is refused, the visa applicant might not be eligible for merits review.

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