A Ministerial intervention in migration matters is often misunderstood. What is Ministerial intervention and how does it work? Ministerial intervention is governed by sections 351, 417 and 501J of the Migration Act 1958 (Act) The Minister has powers under the Act to replace a decision of a merits review tribunal on a person’s case with […]
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Under the Migration Act 1958 (Act) the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs (the Minister), Members of the Administrative Appeals Tribunal (AAT) and the Immigration Assessment Authority (IAA) are the decision makers who will decide a visa application and will review the merits of your application to decide whether you should or […]
Under new rules introduced on 1 July 2019, an applicant with a permanent medical condition or a disability will no longer be assessed in terms of their lifetime care cost. This is a significant shift in Government policy and has been welcomed by immigration lawyers and human rights workers who say is a step towards […]
In my experience of practising migration law, I have been approached by clients who would like to apply for Partner visa but they are still legally married to someone and they cannot obtain a divorce. Most of these clients are usually from countries where divorce is still illegal, namely the Philippines and the Vatican City. […]
Two new regional visas will be introduced from 16 November 2019. These visas will lead to permanent residency after a period of 3 years. The visas are applicable to regional Australia and everywhere except for Sydney, Melbourne, Perth, Brisbane and the Gold Coast. Subclass 491 Skilled Work Regional (Provisional) visa The key points are: It […]
As a general rule, international students cannot work for more than 40 hours per fortnight during the school semester. This rule is explained under Condition 8105 of the Migration Regulations 1994 where it states: (1A) The holder must not engage in any work in Australia before the holder’s course of study commences. (1) Subject to subclause (2), the holder must […]
Australia has one of the best medical systems in the world and visa applicants must meet certain health requirements before a visa is granted. Generally, a visa will be refused for one of three reasons: To prevent people from bringing communicable diseases into Australia, which may cause a public health issue for other Australians. Where […]
As part of the permanent visa application process, you and your dependent family members will be required to undertake health examinations and meet the health requirement. As a general rule, these examinations will include: A medical examination for all applicants, with blood testing required for applicants aged 15 years and over; and A chest x-ray […]
The Department of Home Affairs announced important changes to Minister of Religion Labour Agreement (MORLA). The changes facilitate sponsorship of the additional occupation of Religious Assistant (ANZSCO 451816). This broadens the MORLA to sponsorship options outside the current occupation of Minister of Religion. A major benefit of the new visa is that non-monetary benefits can be […]
The South Australia Government has entered into a Designated Area Migration Agreement (DAMA) with the Federal Government. DAMAs will assist businesses and employers find skilled overseas workers for occupations which are facing shortages in the State. In a joint media release by The Hon David Coleman MP Minister for Immigration, Citizenship and Multicultural Affairs along […]