Parish Patience Solicitors, Immigration Law Section
www.parishpatience.com.au/immigration/

 

 

 

September 1998

Issue No 1

 

 

 

 

 

Our Services

  • Permanent and TemporaryVisas
  • Students and Visitors
  • Employment and Family Sponsorship
  • Appeals
  • Cancellations
  • Citizenship 

Inside this issue:

 

This is the first edition of what will be a regular monthly online publication. Parish Patience clients without access to the internet will also be able to receive their copy through mail or fax.

 

 

Latest changes

Some significant changes to the immigration regulations were introduced with effect from 1 July. The Department's official information sheet gives a useful summary. The following are some of the changes that have caused the most interest:

Extra points for older applicants and people with Australian qualifications

The points test for subclasses 126 (Independent) and 105 (Skilled Australian-linked) has been changed to allow an extra 5 points where the applicant (or spouse, if it is the spouse's occupation that is relied on) holds a degree, higher degree, diploma or trade certificate obtained in Australia after at least one year of full-time study.

Also, good news for some older applicants. Applicants aged 30 to 34 at the date of application now score 25 points (up from 20), and those aged 35 to 49 score 20 (up from 15).

Unfortunately, applicants who have been placed in the pool might not be able to get the benefit of the new higher points, because the law stipulates that a case can only be taken out of the pool if the pass mark is lowered, not if the applicant's score comes up to meet it. Subclass 105 applicants can have their sponsors appeal to MIRO, but only within the prescribed time limit of 77 days from the date on the letter advising that they have been placed in the pool.

Denial of work rights for some Bridging visa E holders

Bridging visa E holders applying to the Courts for judicial review, or applying to the Minister for reconsideration of a MIRO, IRT or RRT decision, are no longer able to work while the case is being heard. This means that people with legitimate legal claims will be forced to choose between breaking the law (particularly if they have family to support), spending months in detention or giving up those rights.

A campaign to have the provision disallowed by the Senate has been put on hold by the calling of the Federal election.

New grounds for cancelling visitor and temporary business visas

Visitor and temporary business visas have always been subject to cancellation if the Minister forms the view that the person had no intention of simply visiting Australia when he or she applied for the visa. Since 1 July, however, the Minister can also cancel such visas in cases where the holder honestly changes his or her mind.

The main impact will be on people who apply to stay in Australia under the various residence categories but need to travel out of the country during the processing of their application. Cancellation of the original visa will mean that the person is not able to apply for a Bridging B visa and will either have to remain in Australia or, if travel is unavoidable, leave the country and allow the residence application to lapse.

Ironically, one effect of the new provision may be to encourage people to wait until the the last minute before applying for residence. That way the original visa will expire before the Minister has a chance to cancel it.

...and more to come

Further limitations on parent visas from 1 November

At present, Australian citizens and permanent residents can sponsor their parents for PR whether they are overseas or already in Australia. Parents sponsored from overseas can be of any age, while parents in Australia must be old enough to apply for an age pension (65 for men, 62 for women).

From 1 November, this will change. Parents will not be able to apply from within Australia regardless of age, and parents applying from overseas will have to be of pension age.

In addition, there will be hefty increases to the Assurance of Support bond and second instalment application fees for parent visas.

Applications lodged before 1 November will continue to be processed, but will be given lower priority than applications lodged from that date on. Earlier applicants will be given the "option" of moving into the higher priority category if they accept to be considered under the new rules.

For more information, see the Department's Fact Sheet 29.

ROSCO update

The appeal to the Full Federal Court from the decision of Justice Tamberlin will be heard in November. Our leading counsel, David Bennett QC, has been appointed to a senior government position. We have transferred the case to Dr Geoffrey Flick SC, one of the most learned administrative law barristers in the country. Dr Flick will continue to be assisted by Christine Ronalds.

The changes to work rights have had a serious impact on class action members. Clearly the government is aware that it cannot detain all of the people involved in the case, but the new provisions leave open the possibility of bullying and intimidation of individuals involved in the case. We will be doing our best to pursue the issue both in the Federal Court and through parliamentary means.

Immigration forms available online

The Department has now made available almost all of its forms in downloadable form on the internet. See our full numerical index.

Hot links

With each edition of Australian Immigration Law Update we will try to find some new or interesting sites that you might enjoy visiting. For starters, you might like to try out some of these:

Contact us

Parish Patience Immigration
Level 1, State Street Centre
338 Pitt Street
SYDNEY NSW 2000
AUSTRALIA 

Tel: +612 9286 8700
Fax: +612 9283 3323
Email


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