Partner and family visa checks to address family violence

The Turnbull Government has today reconfirmed its unwavering commitment to addressing violence against women and children with the introduction of the Migration Amendment (Family Violence and Other Measures) Bill 2016.

Originally Published here: Partner and family visa checks to address family violence

High Court Decision

Today's High Court decision relating to workers on vessels operating in the offshore resources industry is disappointing.

Originally Published here: High Court Decision

Appealing a Subclass 457 Visa Refusal – Whats the Deal with the Nomination Requirements?

A heavily litigated area of migration law has recently been the question of when the Administrative Appeals Tribunal (AAT) will have the jurisdiction to hear an appeal of a Subclass 457 visa refusal. Firstly, as a starting point, readers should familiarize themselves with the three stages of the Subclass 457 and understand that all three stages must be approved in order for the 457 visa to be eventually granted. In this blog, we explore the relationship between an associated Nomination submitted by an approved 457 Sponsor and a 457 Visa refusal appealed to the AAT. 

Accordingly, several recent cases have begun clarifying when the AAT does or does not have jurisdiction to hear a 457 visa appeal. Firstly, in the case of Minister for Immigration v Lee & Ors (2014) FCCA 2881 (10 December 2014), the court held that where an approved Nomination had expired before the appeal of the visa is lodged, then the AAT would not have jurisdiction to hear the appeal of the visa. Considering that 457 Nominations are valid for 12 months from their approval, this suggests that any 457 visa appeal must be lodged within the 12 months validity period of the associated Nomination.

Secondly, the case of Kandel v Minister for Immigration & Anor (2015) FCCA 2013 (7 August 2015) clarified that as long as there was a pending Nomination with the DIBP at the time than an appeal of a 457 refusal was lodged to the AAT then that this would be sufficient. Interestingly, this may suggest that even if an original 457 Nomination and Visa are refused by the DIBP, that as long as a second Nomination is submitted to the DIBP ‘identifying’ the applicant, then this may be sufficient for the AAT to have the jurisdiction hear the visa appeal.

​Thirdly, the case of Ahmad v Minister for Immigration and Border Protection (2015) FCAFC 2167 confirmed that even in the case of a refused 457 Nomination, as long as the Nomination refusal is also appealed to the AAT, then the AAT would have the jurisdiction to hear a subsequent Visa appeal. Importantly, this was further supported by the recent decision in Dyankov & Ors v Minister for Immigration & Anor (2016) FCCA 2167 (24 August 2016) in which it was concluded that in a case where a 457 Nomination is not appealed to the AAT, then the AAT will not have the jurisdiction to assess the associated 457 Visa refusal.

Accordingly, the current position with the courts (and what will be followed by the AAT) seems to be that in order for a 457 visa refusal to be ‘appeal-able’, that there must be either a pending Subclass 457 Nomination not yet determined by the DIBP, an approved 457 Nomination by the DIBP, or if a Nomination has been refused by the DIBP, that an appeal of that Nomination refusal has also been submitted to the AAT.

If you require the representation of a Immigration Lawyer in Brisbane today, then feel free to contact us on 1300 644 788 or email your questions to enquiry@salvomigration.com.au.

Also, click here for more useful blogs by our Migration Agents.

Otherwise you can contact us at the following address:

Salvo Migration
320 Adelaide St
Brisbane QLD 4000
https://goo.gl/Bao5ma 

Source: http://ift.tt/1MILL7B

Originally Published here: Appealing a Subclass 457 Visa Refusal – Whats the Deal with the Nomination Requirements?

Originally Published here: Appealing a Subclass 457 Visa Refusal – Whats the Deal with the Nomination Requirements?

High Court Decison

Today's High Court decision relating to workers on vessels operating in the offshore resources industry is disappointing.

Originally Published here: High Court Decison

ABF on display at RAAF's Pitch Black open day

Originally Published here: ABF on display at RAAF's Pitch Black open day

Concerns grow about number of visa over stayers in parts of Australia - Australia Forum

Concerns grow about number of visa over stayers in parts of Australia Australia Forum A spokesperson for the Department of Immigration and Border Protection (DIBP) said the Community Status Resolution Service (CSRS) outreach programme enables people in regional communities, who do not have a valid Australian visa or are on a ...

Originally Published here: Concerns grow about number of visa over stayers in parts of Australia - Australia Forum

Refund of Visa Application Charge - Australia Forum

Refund of Visa Application Charge Australia Forum ... can be refunded the visa application charge in limited circumstances, regardless of the application outcome. On further investigation. i learnt i have to fill form 1424 and submit the same to DIBP. Would want to understand the feasibility of the ...

Originally Published here: Refund of Visa Application Charge - Australia Forum

Four bikies refused entry to Australia

Four outlaw motorcycle gang members have been intercepted and removed after attempting to enter Australia.

Originally Published here: Four bikies refused entry to Australia

DIBP Notice No 2016/24: Processing Refund Applications - http://ift.tt/1SzQm2n (subscription) (blog)

http://ift.tt/1SzQm2n (subscription) (blog)

DIBP Notice No 2016/24: Processing Refund Applications http://ift.tt/1SzQm2n (subscription) (blog) “The Department must satisfy itself that a refund application meets all of the relevant requirements before a refund is approved. This may include requesting additional information from the owner as part of an assessment of the refund application.”.

Originally Published here: DIBP Notice No 2016/24: Processing Refund Applications - http://ift.tt/1SzQm2n (subscription) (blog)

Reporting a sham marriage after the two year date. - Australia Forum

Reporting a sham marriage after the two year date. Australia Forum I have information regarding a sham marriage in Australia. However, all I have is word of mouth and some facebook evidence. I have two questions. 1. Is it worth reporting this information? 2. How long does it take DIBP to act on information they receive.

Originally Published here: Reporting a sham marriage after the two year date. - Australia Forum

Reporting a sham marriage after the two year date. - Australia Forum

Reporting a sham marriage after the two year date. Australia Forum I have information regarding a sham marriage in Australia. However, all I have is word of mouth and some facebook evidence. I have two questions. 1. Is it worth reporting this information? 2. How long does it take DIBP to act on information they receive.

Originally Published here: Reporting a sham marriage after the two year date. - Australia Forum

Sweeping public service strikes in September - Government News

Government News

Sweeping public service strikes in September Government News Union members from DIBP went on strike at airports and ports last week, action that will not be repeated during this round of strikes. CPSU National Secretary Nadine Flood said: “The Turnbull Government's mean-spirited and unfair treatment of public ...

Originally Published here: Sweeping public service strikes in September - Government News

Students are 'just getting along' while 457 visa holders are - SBS - SBS

SBS	Students are 'just getting along' while 457 visa holders are - SBS SBS A new report, Australians Today finds out how immigrants are doing in Australia? and more »

Originally Published here: Students are 'just getting along' while 457 visa holders are - SBS - SBS

Students are 'just getting along' while 457 visa holders are 'prosperous' in Australia, says report - SBS

SBS

Students are 'just getting along' while 457 visa holders are 'prosperous' in Australia, says report SBS It is the largest survey ever undertaken to look at the issues of Australian-born and immigrant Australians. This report throws light on how immigrants are doing in Australia and found that those arriving on Independent Skill visas struggle to find ...

Originally Published here: Students are 'just getting along' while 457 visa holders are 'prosperous' in Australia, says report - SBS

Completion of departures SmartGate roll-out

The $50 million roll-out of SmartGates has been completed with all 83 gates now in operation across Australia's eight international airports.

Originally Published here: Completion of departures SmartGate roll-out

bringing visa A granted for partner visa 820 on tourist visa 600 - Australia Forum

bringing visa A granted for partner visa 820 on tourist visa 600 Australia Forum Given the fact that you came to Australia for a visit and not to work (otherwise you wouldn't have met the Genuine Temporary Entrant criteria), DIBP may not look kindly on you saying you cannot financially afford to be here for 3 months without working.

Originally Published here: bringing visa A granted for partner visa 820 on tourist visa 600 - Australia Forum

Labor affirms its boat policy failure

Labor's absolute failure to have a coherent border protection policy – eight years after they threw open Australia's borders to the people smugglers – was on show again today.

Originally Published here: Labor affirms its boat policy failure

Taskforce Cadena detain thirty four individuals

Australian Border Force (ABF) officers, operating under Taskforce Cadena and in collaboration with the Australian Federal Police (AFP), yesterday executed several warrants in regional New South Wales.

Originally Published here: Taskforce Cadena detain thirty four individuals

RSMS (Subclass 187) – Eligible Post Codes

In addition to satisfying all visa criteria, applicants for the Regional Sponsored Migration Scheme (Subclass 187) (RSMS) will need to first find suitable employment in a regional area of Australia. Importantly, only specific Australian post codes constitute as being ‘regional’ which we will copy below!

Australian Capital Territory

Entire Territory

New South Wales

Except Sydney, Newcastle and Wollongong

• 2250 to 2251 – Central Coast
• 2256 to 2263 – Central Coast
• 2311 to 2312
• 2328 to 2411
• 2420 to 2490
• 2536 to 2551
• 2575 to 2594
• 2618 to 2739
• 2787 to 2898

Northern Territory

Entire Territory

Queensland

Except the greater Brisbane area and the Gold Coast

• 4124 to 4125
• 4133
• 4211
• 4270 to 4272
• 4275
• 4280
• 4285
• 4287
• 4307 to 4499
• 4515
• 4517 to 4519
• 4522 to 4899

South Australia

Entire State

Tasmania

Entire State

Victoria

Except Melbourne metropolitan area.

• 3211 to 3334
• 3340 to 3424
• 3430 to 3649
• 3658 to 3749
• 3753
• 3756
• 3758
• 3762
• 3764
• 3778 to 3781
• 3783
• 3797
• 3799
• 3816 to 3909
• 3921 to 3925
• 3945 to 3974
• 3979
• 3981 to 3996

Western Australia

Entire state

If you require the assistance of a Migration Agent in the Brisbane CBD today, then feel free to contact us on 1300 MIGR8TE (644 788) or email your questions to enquiry@salvomigration.com.au and thank you for visiting Salvo Migration.

Also, click here for more great blogs by our Immigration Lawyers.

Otherwise you can find us at the following address:

Salvo Migration
320 Adelaide St
Brisbane QLD 4000
https://goo.gl/Bao5ma

Originally Published here: RSMS (Subclass 187) – Eligible Post Codes

Originally Published here: RSMS (Subclass 187) – Eligible Post Codes

Has anyone obtained police clearance from Indonesia without flying ... - Australia Forum

Has anyone obtained police clearance from Indonesia without flying ... Australia Forum Hi, I applied for 820/801 and have submitted all required documents except for police clearance from one country. I have submitted police clearances from the ... and more »

Originally Published here: Has anyone obtained police clearance from Indonesia without flying ... - Australia Forum

Has anyone obtained police clearance from Indonesia without flying there? - Australia Forum

Has anyone obtained police clearance from Indonesia without flying there? Australia Forum I have submitted police clearances from the Philippines (my home country) and Australia (I lived here for 2 years as a student). I worked for almost 7 years in Jakarta and as such, would need to submit a police clearance from Indonesia. Should I wait ...

Originally Published here: Has anyone obtained police clearance from Indonesia without flying there? - Australia Forum

457 labour on-hire visa to ENS? - Australia Forum

457 labour on-hire visa to ENS? Australia Forum But on DIBP webpage under ENS I see: "The Agreement stream is for subclass 457 visa holders sponsored by an employer through a labour agreement." So what is true? Can you get ENS from a labour on-hire 457 Agreement stream? Or can I apply for ENS ...

Originally Published here: 457 labour on-hire visa to ENS? - Australia Forum

Another Tourist Visa with Imminent Partner Visa - Australia Forum

Another Tourist Visa with Imminent Partner Visa Australia Forum Obviously nobody would be so stupid as to overstay a temporary visit, especially when a $7k application is at stake, but would applying for another tourist visa (600 stream) be a bad idea? How would DIBP see this? Would it jeopardise the 309 ...

Originally Published here: Another Tourist Visa with Imminent Partner Visa - Australia Forum

820 - Bridging Visa Question - Living and Working in Australia Forum - Australia Forum

820 - Bridging Visa Question - Living and Working in Australia Forum Australia Forum Hi there, I am currently on my Student Visa and have just submitted an application for a Partner Visa. My main questions are: 1) My student visa expires on the ... and more »

Originally Published here: 820 - Bridging Visa Question - Living and Working in Australia Forum - Australia Forum

820 - Bridging Visa Question - Living and Working in Australia Forum - Australia Forum

820 - Bridging Visa Question - Living and Working in Australia Forum Australia Forum Hi there, I am currently on my Student Visa and have just submitted an application for a Partner Visa. My main questions are: 1) My student visa expires on the ... and more »

Originally Published here: 820 - Bridging Visa Question - Living and Working in Australia Forum - Australia Forum

820 - Bridging Visa Question - Australia Forum

820 - Bridging Visa Question Australia Forum After that the University will inform DIBP that I am no longer enrolled. Do you think that they will cancel my student visa during that one month period between 31st August - 30th September? If they do cancel it, would this affect my application in ANY ... and more »

Originally Published here: 820 - Bridging Visa Question - Australia Forum

Golden memories that count - The Canberra Times

Golden memories that count The Canberra Times ... Evans ("Immigration jobs to go", August 17, p1), a proposed cut of between 300 and 800 staff "is a bitter blow to these workers, who have families to support and who deserve better" and "the government's budget cuts are forcing DIBP to sack workers".

Originally Published here: Golden memories that count - The Canberra Times

EXPERT OPINION: Troubling questions around Voluntary Disclosures by Customs Brokers to the DIBP - http://ift.tt/1SzQm2n (subscription) (blog)

http://ift.tt/1SzQm2n (subscription) (blog)

EXPERT OPINION: Troubling questions around Voluntary Disclosures by Customs Brokers to the DIBP http://ift.tt/1SzQm2n (subscription) (blog) THE website of the Department of Immigration & Border Protection (DIBP) released guidelines last week as to DIBP's requirements for the voluntary disclosure of errors in import declarations. This is provided for under s.243T & s.243U of the Customs Act ...

Originally Published here: EXPERT OPINION: Troubling questions around Voluntary Disclosures by Customs Brokers to the DIBP - http://ift.tt/1SzQm2n (subscription) (blog)

Bridging Visa B – What is it and How Long Can I Travel For?

Applicants of visas from inside Australia often find themselves on a ‘Bridging Visa’ awaiting the outcome of their respective visa application. Due to the processing times of some Australian visas, applicants can be on these temporary bridging visas for several months, and sometimes, even years! (See our blog on the Parent Visa Loophole as an example). Despite being in this period of ‘limbo’, those who hold a Bridging Visa A (Subclass 010) may be eligible for a Bridging Visa B (Subclass 020), otherwise known as a ‘travel bridging visa’ allowing holders to leave Australia and return to continue awaiting the outcome of their pending Australian visa.

Accordingly, a common question we receive is ‘how long can I travel on a BVB’?

In order to answer this question we must turn to Government Policy, being what is used by Departmental case officers when assessing the application for a BVB.

Importantly, policy does not necessarily specify a limit as to how long a BVB can be granted for.

Specifically, the policy states:

​Except for providing that the travel facility period cannot exceed the period that the BVB is in effect …BVB regulations do not prescribe a length of time for the travel facility period.

and:

It is up to the visa processing officer to specify an appropriate length of time for which to grant a travel facility period to an applicant for a BVB. Officers should exercise judgment, on a case by case basis, in deciding the length of time during which the BVB holder can leave and (re) enter Australia...

However, policy does provide some insight as to how applicants that are in Australia awaiting the outcome of certain visa applications may be assessed. Specifically, applicants of the following visas may be able to request a 12 month travel facility/BVB:

1. Aged Parent Residence (BP-804) visa
2. Contributory Aged Parent (Temporary)(UU-884) visa
3. Contributory Aged Parent (DG-864) visa
4. SkillSelect GSM visas (SI-189, SN-190 and SP-489)

Importantly however, these applicants may also be able to request longer than 12 months if they can demonstrate exceptional circumstances, including:

1. The need to care for a terminally ill relative
2. Involvement in legal proceedings including divorce
3. Education, business or professional purposes or obligations

All in all, what this shows us is that it will generally be at the discretion of the assessing case officer in terms of how long they choose to allow a BVB visa applicant to travel for. Accordingly, applicants should ensure that when making BVB applications that they specify their desired dates of travel and provide sufficient reasons for the purposes of their departure.

If you require the help of a Migration Agent in the Brisbane CBD today, then give us a call on 1300 MIGR8TE (644 788) or send your enquiry to enquiry@salvomigration.com.au and thank you for visiting our site.

Also, click here for more useful blogs by our Migration Lawyers.

Otherwise you can find us at the following address:

Salvo Migration
320 Adelaide St
Brisbane QLD 4000
https://goo.gl/Bao5ma 

Originally Published here: Bridging Visa B – What is it and How Long Can I Travel For?

Originally Published here: Bridging Visa B – What is it and How Long Can I Travel For?

WhatsApp messages from a 'prison' island, thousands of miles away - CNET

CNET

WhatsApp messages from a 'prison' island, thousands of miles away CNET Australia's Department of Immigration and Border Protection (DIBP) didn't respond to my questions about conditions in detention, saying the government doesn't run the camps and questions should be directed to the governments of PNG and Nauru. This ... The Nauru files: cache of 2000 leaked reports reveal scale of abuse of children in Australian offshore detentionThe Guardian Australia confirms Manus Island immigration detention centre will closeThe Guardian all 210 news articles »

Originally Published here: WhatsApp messages from a 'prison' island, thousands of miles away - CNET

Slovak Government bans 4 substances from electronic devices - Telecompaper (subscription)

Slovak Government bans 4 substances from electronic devices Telecompaper (subscription) The four hazardous substances are bis (2-ethylhexyl) phthalate (DEHP), benzyl butyl phthalate (BBP), dibutyl phthalate (DBP) and diisobutyl phthalate (DIBP). They raise very great concerns that during the handling of waste from electric and electronic ...

Originally Published here: Slovak Government bans 4 substances from electronic devices - Telecompaper (subscription)

Sri Lankan navy stops people smuggling venture to Australia

The Sri Lankan Navy has successfully stopped a people smuggling boat attempting to come to Australia illegally this week.

Originally Published here: Sri Lankan navy stops people smuggling venture to Australia

Nauru files: under-reporting shows perverse incentives at work - The Mandarin (registration)

The Mandarin (registration)

Nauru files: under-reporting shows perverse incentives at work The Mandarin (registration) Incident reports on Nauru were apparently routinely downgraded to avoid fines. This is a common problem with outsourced detention facilities, says a ... and more »

Originally Published here: Nauru files: under-reporting shows perverse incentives at work - The Mandarin (registration)

Disconnected and desperate: How Australia keeps refugees in tech limbo - CNET

Disconnected and desperate: How Australia keeps refugees in tech limbo CNET Despite spending AU$1.1 billion to fund operations in Nauru and Manus in the 2015-16 financial year, the DIBP told me that "neither the Australian government nor the department runs or manages" these facilities, that they are run by the PNG and Nauruan ... and more »

Originally Published here: Disconnected and desperate: How Australia keeps refugees in tech limbo - CNET

Nauru files show Wilson underreported abuse, incidents - Crikey - Crikey (registration)

Nauru files show Wilson underreported abuse, incidents - Crikey Crikey (registration) The finer details of government contracting don't tend to grab headlines, but when you're dealing with some of society's most vulnerable individuals — people in ... and more »

Originally Published here: Nauru files show Wilson underreported abuse, incidents - Crikey - Crikey (registration)

Hundreds of jobs go at Immigration and Border Protection ... - Government News

Government News

Hundreds of jobs go at Immigration and Border Protection ... Government News Further cuts to jobs at the Department of Immigration and Border Protection (DIBP) could imperil Australia's border security and slow visa processing, as more ... and more »

Originally Published here: Hundreds of jobs go at Immigration and Border Protection ... - Government News

Perverse incentives at work in Nauru subcontracting - The Mandarin (registration)

The Mandarin (registration)

Perverse incentives at work in Nauru subcontracting The Mandarin (registration) Fine avoidance strategies in Australia's off-shore detentions aren't a unique problem for DIBP, instead fitting a pattern in privatised prisons. Without monitoring, incidents can create broader risks for government. The finer details of government ... and more »

Originally Published here: Perverse incentives at work in Nauru subcontracting - The Mandarin (registration)

ICS, EDI problems fixed - Aircargo - Asia Pacific

ICS, EDI problems fixed Aircargo - Asia Pacific The investigation into these problems is ongoing and clients will be informed of any developments. An update will be issued August 18 after core-hour system loads have been monitored. Australia's apartment of Immigration and Border Protection (DIBP ...

Originally Published here: ICS, EDI problems fixed - Aircargo - Asia Pacific

Manus Regional Processing Centre

Today I held productive discussions on the future of the Regional Processing Centre on Manus Island with Prime Minister the Hon.

Originally Published here: Manus Regional Processing Centre

Banality of evil: bureaucracy's role in Nauru - Crikey (registration)

Banality of evil: bureaucracy's role in Nauru Crikey (registration) The finer details of government contracting don't tend to grab headlines, but when you're dealing with some of society's most vulnerable individuals — people in detention — how those details play out on the ground can have a huge impact. And in the ... and more »

Originally Published here: Banality of evil: bureaucracy's role in Nauru - Crikey (registration)

Nauru under-reporting shows perverse incentives at work - The Mandarin (registration)

The Mandarin (registration)

Nauru under-reporting shows perverse incentives at work The Mandarin (registration) Fine avoidance strategies in Australia's off-shore detentions aren't a unique problem for DIBP, instead fitting a pattern in privatised prisons. Without monitoring, incidents can create broader risks for government. The finer details of government ... and more »

Originally Published here: Nauru under-reporting shows perverse incentives at work - The Mandarin (registration)

Hundreds of jobs go at Immigration and Border Protection - Government News

Government News

Hundreds of jobs go at Immigration and Border Protection Government News Further cuts to jobs at the Department of Immigration and Border Protection (DIBP) could imperil Australia's border security and slow visa processing, as more than 300 jobs vanish. The government confirmed earlier this week that it would reduce its ... and more »

Originally Published here: Hundreds of jobs go at Immigration and Border Protection - Government News

People smuggling boat returned to Sri Lanka

​Australia has returned a group of Sri Lankan nationals to Sri Lanka yesterday after recently intercepting a people smuggling venture.

Originally Published here: People smuggling boat returned to Sri Lanka

Hundreds more jobs to go at Immigration and Border Force - The Canberra Times

The Canberra Times

Hundreds more jobs to go at Immigration and Border Force The Canberra Times "The government's budget cuts are forcing DIBP to sack workers as the department's workload continues to grow rapidly. "There's already well over 1000 fewer staff across the department than there were in 2012-13. "In the same period the number of ... and more »

Originally Published here: Hundreds more jobs to go at Immigration and Border Force - The Canberra Times