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Registered
Migration Agents |
| Issue No 33 | November 2001 |
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Border Protection and Judicial Review Legislation A package of legislation designed in the Government's view to clarify the Refugee Convention definition and to further deter perceived abuse of the onshore refugee program, was enacted at the beginning of October. The new legislation includes many controversial features, including:
The legislation is complex and will obviously be the subject of judicial challenge in many respects. Further information:-
Ministerial Press Statement
November 1 Changes to Regulations The Department of Immigration has announced several changes to Regulations effective 1 November 2001. New procedures include:-
Australian employers/sponsors can now make 457 visa applications in Australia on behalf of the applicant/sponsored employee, even if the applicant is not in Australia at the time of lodgement. This means the sponsor can lodge both the business nomination application and visa application for the applicant at the same time in Australia, even if the visa applicant and family members are overseas. Also, 457 visa holders in Australia can have their overseas family members' applications assessed in Australia as well. The main visa applicant can obtain his/her visa first, without waiting for family members to complete their medicals.
Full details are listed in the Department's Notice of Legislative Change
Business Skilled Migration Information
DIMA's Form 1032i, Information on Making a Designated Investment, gives an incorrect telephone number for NSW Treasury. The correct number to contact the NSW Treasury Corporation Registry is 02 9320 8884.
The current interest rate for this type of designated investment (as at 15 November 2001): 4.71% in New South Wales, 4.45% in Victoria. For further information on business skilled migration, contact Diana Tong. Report on Visa Processing Times We have been advised that 136 (Skilled -Independent) and 138 (Skilled - Australian sponsored) quotas are nearly full for this financial year, at least for Moscow, Taipei and Ottawa. Affected applicants may have to wait until after July 2002 for approval. The Migration Institute of Australia has also issued a report on visa processing times. Please contact us if you require additional information. Update on Student Visa Changes Under recent legislation changes, a Student Visa can be automatically cancelled if the student is found to be in non-compliance with visa conditions. We came across a case where a student changed his school and residential address and did not notify the Department of Immigration. The student's old school mistakenly notified DIMA that he had stopped attending classes. The student did not receive notification of the visa cancellation because it was sent to his old address. His visa was then cancelled. The student may be able to have his visa reinstated, but he is afraid to approach DIMA himself because he has been illegal since the cancellation.
The lesson to learn here is 100% compliance with student visa conditions. If changing address and/or education provider, you must notify DIMA in writing and in person. If you ask someone else to do it for you, make sure that the person or organisation has actually done it and obtain written confirmation. Ultimately the responsibility and consequences are all yours.
In related news, another Sydney college has closed, leaving many students worried and unprepared. The lessons learnt here are: check out the school before enrolment; keep all original receipts for payment and related correspondence in case of refund claims or relocation of study; and follow the administrator's instructions. If you have more problems you need to obtain professional advice at your earliest opportunity. Child Sponsorship of Parents - UN Human Rights Committee View Against Australia In July, the Human Rights Committee handed down a View under the Optional Protocol to the International Covenant on Civil and Political Rights, disapproving of Australian government policy in relation to the rights of Australian-born children to sponsor their parents. Although not legally binding against Australia, the View has moral weight and may be relevant in certain appeals to the Minister.
The Australian Embassy in Manila has advised of a new visa application scheduling system effective from Monday 29th October 2001. All clients need to telephone the embassy for an appointment for visa endorsement, even if the visa approval letter does not mention this requirement. Also, all Business Skilled Migration applications held in Manila are to be transferred to DIMA Perth for processing. Affected clients may wish to contact us with any questions.
A couple have won a legal battle to have their marriage declared valid after the husband, a female to male transsexual, was declared to be a man by the Family Court of Australia. The decision is considered to be significant in terms of the law relating to transsexuals, and may be relevant in the context of interdependency visas. Kevin and Jennifer (Applicants) and Attorney-General for the Commonwealth (Respondent), [2001] FamCA 1074
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