A recent Administrative Appeals Tribunal decision has received some media attention. In this case, the Tribunal directed that a decision under review be set aside and that the Visa Applicant not be refused a Subclass 155 (Resident Return) visa under s501(1) of the Migration Act 1958, failure of the Character Test. The visa applicant had been charged in March 2015 with sexually based offences involving a child. In summary, the Visa Applicant communicated online and engaged in inappropriate sexual communication with an undercover police officer, whom he believed to be a young child, and with the intention of procuring to engage in sexual activity. The sentences imposed by the Court were at the lower end of the scale of possible sentences. The Visa Applicant was ordered to perform 120 hours of community service within 18 months and was placed on a Register of Sex Offenders for eight years. Based on the evidence provided by the Visa Applicant and independent expert opinion, the Tribunal was of the view that the risk of reoffending is low and the prospects of rehabilitation are good. The risk to the Australian community is therefore considered low. The Tribunal also found that denial of the visa would have a detrimental effect on the visa applicant’s Australian citizen family.
The latest figures released by the Department of Home Affairs indicate the waiting time for Australian Citizenship has dropped by ten per cent. The time period from lodgement to citizenship ceremony (by conferral) has dropped for 75 per cent of applications from 20 months to 18 months. For 90 per cent of applications, though, it remains unchanged at 23 months. The Department has attributed the reduction in waiting time to a range of reforms implemented to streamline the process with the number of people approved as #Australian Citizens between 1 July 2018 and 30 April 2019 is around double the number approved in the same period last year. Despite the drop in the waiting time and an increase in the number of approvals, there were 221,859 applications in the queue as of 26 May 2019. With a high level of focus on the Australian Citizenship program, the number of applications waiting for an outcome is expected to continue to reduce.
It is never pleasant for visa applicants to receive a refusal notification from the Department, especially for onshore applicants who might be faced with having to leave Australia and return to their home country. Your Options If Refused When your visa application is refused, you may have a range of options which can include: Submitting an AAT review Submitting a judicial review Request for ministerial intervention Submitting a new visa application If you submit a review application on time, you may be able to hold a bridging visa to remain in Australia, while you wait for the Tribunal hearing date. Factors When Submitting an Appeal There are a few factors which you must consider when submitting an appeal, such as: The time limit for you to submit a review application Who is the person or organisation eligible to submit the review application? Do you have a strong case for the review? How Mckkr’s can help with your appeal Mckkr’s provides assistance with your review application by: Advising you on your review rights Assessing if you have a reasonable prospect of success at the Tribunal Advising you on further supporting documents that you can supply Attending the AAT hearing with you Providing any further submissions required after the hearing Our team of migration agents and lawyers will prepare evidence and provide a written submission to the Tribunal. As we near your Tribunal hearing date, we will help you understand the Tribunal hearing process to ensure that you are not nervous when facing the Tribunal member. The Judicial Review Process If the review application at the Tribunal results in a negative decision, the migration lawyers at Mckrr’s will be able to assist with judicial reviews with the courts. To apply for judicial review you must be able to prove there has been jurisdictional error. Having attended the hearing with you, we are able to identify potential jurisdictional errors as they occur and prepare for judicial review should it be necessary. We can review your case to determine if there is a jurisdictional error, to form grounds for a judicial review. There are a number of circumstances where a decision may be appealed directly to the courts without going through the AAT. Ministerial Intervention For Ministerial Intervention, your case must have been considered by the AAT. You will also need to meet unique or exceptional circumstances as described by the Minister, for your case to be considered. The acceptable circumstances are usually compassionate grounds, or exceptional benefits to Australia. We can assess your case and provide advice on the prospects of ministerial intervention. We can also help you to prepare written submissions and arrange supporting documents to show the minister that they should intervene in your matter. Alternative Options Applications other than visa applications can be reviewed as well. This includes employer sponsorship and nomination applications, as well as citizenship applications. For some, the most efficient way towards a positive outcome, is to submit a new application altogether. Review applications can take time and the results may be uncertain. Submitting a new and correct application can save money and time in the long-run. If submitting a new application is more appropriate in your case, we will advise you during our initial consultation. Please note: The circumstances leading to a refusal of the visa application are different for each applicant and a new visa application may not be possible, especially if your visa is refused for genuine reasons. Conclusion Receiving a refusal notification regarding your visa or appeal can be extremely stressful and costly, but it is not the end of the world. If you have received a refusal, it is important to find out what your options are immediately. Once you have reviewed your options, you should act accordingly and quickly. With that being said, it is important that you choose the pathway right for you. To do this, you must understand what appeal process you are eligible for, if it is the most efficient pathway, and whether it is cost effective. The most effective action you can take towards a positive and efficient outcome is to use a Migration Agent. As mentioned, Migration Agents will be able to not only provide you with all the information needed but also act on your behalf while guiding you through the entire process. At Mckrr’s we are experienced in assisting applicants in all matters relating to Australian visa applications, including sponsorship applications. If you require further information regarding your Australia visa options you can contact us through our website or call us on 02 46261002 or email us at admin@mckkrs.com.au.
The OMARA website advise the following: The Department of Home Affairs office at 188 Collins St, Hobart will be temporarily closed for renovation from Monday 3 June 2019 to Friday 14 June 2019 (inclusive). The Office will reopen on Monday 17 June 2019 for clients attending appointments.
The Canberra Your Future website displays the following update to the #Skilled Migration round. Invitation date: 31 May 2019 Number of Invitations Issued: 442 Matrix score range: All Matrix submitted with 110 to 65 points 60 point matrix submitted on or before 31 January 2019
The Australian Psychological Society (APS) has increased its skills assessment application fees as from 1 June 2019 to 31 May 2020. The assessment fee for APS applicants applying from within Australia has increased from $1,150 to $1,171 (inc GST). The assessment fee for APS applicants applying from outside Australia has increased from $1,045.45 to $1,065 (inc GST).
Engineers Australia’s Migration Services fees will increase on 1 September 2019. A new price table will be effective from 1 September 2019.
The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs’ webpage displays the following message: Thursday, 30 May 2019 Statement on appointment as Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. It was an honour to be sworn in yesterday by the Governor General as Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. Australia’s story is one of immigration. We welcome people to this country based on what they can contribute – regardless of race, religion, or cultural background. We celebrate the success of migrants from all corners of the globe. Migrant success stories define our nation. The small business person who takes a chance, works hard, and employs dozens of Australians. The professional who uses their skills to help grow our economy. The religious leader who provides spiritual guidance to their community. The married couple who make huge sacrifices so that their kids can have opportunities that were not available to them. These are the stories of Australia – in every town and suburb. Our Government will continue to run an orderly, non-discriminatory immigration programme that is focused squarely on our national interests. We will maintain a strong emphasis on the economic benefits of migration, filling gaps in skilled employment to help grow the economy. We will continue to progress initiatives that better match our immigration programmes to the differing needs across our regions. We will implement our reduced cap on permanent migration to take pressure off our cities, while offering more opportunities for skilled migration in regional Australia. We will continue to run a significant humanitarian programme, and ensure that it is always managed in Australia’s national interest. We will manage our temporary migration programmes to maximise their job-creating benefits for Australians. To be an Australian citizen is an immense privilege. In our citizenship activities, we will continue to emphasise the rights – and obligations – that come with being an Australian. We will honour the heritage of our citizenship and ensure that the next generation of citizens are fully cognisant of what it means to be an Australia. I am pleased to take on the additional responsibility of Minister for Migrant Services. These services are about assisting new migrants to become fully integrated into Australian society. We will back migrants who want to work hard, play by the rules and contribute to the growth of our nation. The key outcome we will be focused on in Migrant Services is employment. In integrating into Australian life, there is nothing more important than getting a job. Our multicultural society is one of our greatest strengths as a nation. We will build on it. We will work with community leaders to increase social cohesion, and protect our multicultural heritage. We are the most successful migrant nation in the world, and embedded in that success is our respect for the diverse cultural heritage of Australians. I look forward to progressing on these initiatives as part of the Morrison Government.
Mckkrs strongly urge individuals seeking positive migration outcomes to employ the services of a reputable and established Australian migration agent. We can provide advice on all aspects of the migration process. The Office of the Migration Agents Registration Authority can assist in providing advice on migration agent compliance and registration. At least 50 immigrants paid a south-east Queensland man more than $100,000 in many cases for fake companies to sponsor them in their attempts to gain skilled work visas. Raids on two homes earlier this month in Logan, south of Brisbane, allegedly uncovered evidence, including visa application documents and electronic devices, supporting the allegations. A man was expected to front Brisbane Magistrate’s Court on June 7 on seven charges of submitting false information to the Department of Home Affairs following the joint Australian Border Force and Australia Federal Police operation. It will be alleged at least 50 potential applicants were charged significant amounts, in many cases well over $100,000, in exchange for visa sponsorship. It will also be alleged the man engaged with complicit Registered Migration Agents to lodge applications with the DHA, sponsoring individuals for positions in businesses that did not exist. ABF investigations commander Graeme Grosse said the investigation launched in 2017. “The ABF has been closely investigating this matter for some time. We believe that one individual has been arranging the submission of false visa nominations and applications for various skilled visas sub-classes,” he said. “The ABF is alert to attempts to circumvent the integrity of Australia’s migration and visa system. We investigate all allegations of visa fraud, and actively monitor the visa grant process in order to detect improper conduct. “We will not tolerate attempts to engage in fraudulent activity, and the Australian community can feel confident that we are doing everything possible to bring the full force of the law against anyone engaging in this type of unlawful activity and to maintain the integrity of the visa system.” Two homes in Daisy Hill and Logan Village were raided on May 15 and the seized evidence was being closely examined ahead of more potential charges against other people. The offence was punishable by a two-year prison sentence and/or a fine of $75,600 per charge. If more serious charges were laid, they could attract up to 10 years in prison per offence. Source: https://www.brisbanetimes.com.au/national/queensland/migrants-paid-100-000-for-fake-companies-to-support-their-visa-applications-20190529-p51s7s.html
Young Australians will more easily be able to holiday, work and study in Greece with reciprocal #Work and Holiday arrangements set to commence on 1 July 2019. Five hundred places each will be available annually for young Australians and Greeks to visit each other’s country for up to twelve months. While on their first visa, Greek nationals may undertake specified work in regional areas to become eligible for a second #Work and Holiday visa and extend their stay. The option of a third year stay will also be available to them if they undertake six months of regional work in their second year in Australia. The Work and Holiday visa requires first-time Greek applicants to hold or be studying towards tertiary qualifications and to have a functional level of English. The commencement of the arrangement with Greece will take the number of countries participating in the #Working Holiday Maker program to 43.