For international students who want to live, study and/or work in Australia, Student and Graduate visas is the way forward. These include Student Visa (Subclass 500) which allows students to enter and study in Australia for up to 5 years, depending on length of the course, Temporary Graduate Visa (Subclass 485) which allows recent graduates to live and work in Australia temporarily for up to 4 years, after completion of studies, and the Student Guardian Visa which allows individuals who want to accompany and care for minors studying in Australia. According to Department of Home Affairs statistics, in the 2019-20 program year, 378,967 student visa applications (Subclass 500 and Subclass 570 to 576) and 75,033 temporary graduate visa applications (Subclass 485) were lodged as on 31 May 2020 (11 months). As there is no cap on the number of student visas that are granted by the Department, out of the total applications received, the Department granted visas as shown in the table below: Visa Subclass Applications received Visas Granted Grant Rate Subclass 500 and Subclass 570 to 576 378,967 323,522 85.4% Subclass 485 75,033 59,529 79.3% Total 454,000 383,051 84.37% Further, in the 2019-20 program year up to 31 December 2019 (6 months), 226,608 student visa applications (including temporary graduate visas) were lodged out of which the Department granted 200,403 student visas, which is about 88.4% approval rate. The graph below shows the number of student visa applications lodged by month – year on year 12 months rolling total basis. The graph below shows the number of student visas granted by month – year on year 12 months rolling total basis. From this data, we can infer that between 01 January 2020 and 31 May 2020 coinciding with the period of Covid-19 crisis, the Department has continued to received and process 227,392 visa applications. During this time, the Department has granted 182,648 visas at the approval rate of 80.3% which is a significant drop of 8% from the 88.4% rate in the previous 6 months (01 July 2020 to 31 December 2019). If you have any questions or need more information about student and graduate visas, Get In Touch with us or call us on (02) 4626 100 to speak to one of our Registered Migration Agents.
If you have ever received a visa refusal or visa cancellation, in certain cases, you may be able to appeal the decision to the Australian Administrative Appeals Tribunal (AAT). The role of the Tribunal is to review the Department’s decision for refusing or cancelling your visa application. They will then determine whether the decision was decided fairly and on reasonable grounds. If not, the Tribunal can overturn the initial decision. If the matter is sent back to the Department for reconsideration, generally speaking, the Department will grant the visa or revoke the visa cancellation. The AAT can review certain decisions made under the Migration Act 1958: to refuse or cancel different types of visas to refuse to approve a nomination of an occupation, activity or position to bar, refuse to approve or cancel the approval of a sponsor Relating to requiring a security. The Migration Act and the Migration Regulations 1994 specify what decisions the AAT can review. Generally, the decision letter from the Department of Home Affairs will tell you if we can review the decision and if you are a person who can apply for a review. Unfortunately, the AAT cannot review every decision to refuse or cancel a visa review a decision to cancel a visa made personally by the Minister for Home Affairs or Minister for Immigration Review a decision if you are not entitled to apply for a review. If a delegate of the Minister decides not to revoke the cancellation of your visa, you can apply for a review by the Administrative Appeals Tribunal (AAT). If you are in Australia, appeals have strict time limits. You must apply in writing within the time specified by the Department in our decision notice. This is usually the first day of the time period for lodging an application, which is the day on which you are taken to have been notified of the decision. This means that the time period ends on the prescribed number of days after the day on which you are taken to have been notified the decision.And, the other actions you can do is seeking judicial review if you believe the decision was not lawfully made. If your AAT application is successful, then your application will generally be remitted back to then Department for final determination and decision. The Department’s processing time for such applications is generally relatively short. However, processing times do vary significantly especially during these times as a result of the current pandemic we are all facing. It is important to note, however, that receiving an approval of your AAT appeal does not guarantee that your application will be approved. The Department will still need to re-check that all the relevant eligibility requirements are satisfied. There can be instances where a requirement such as a health or character requirement was not satisfied. If in the unfortunate circumstance your application for review at the AAT is not successful, then you will be notified that your current bridging visa will cease in a certain period of time. If this happens you can either seek a Ministerial Intervention or appeal to the Federal Court. Our Registered Migration Agents at Migration Centre of Australia have been in the migration industry for many years and have helped thousands of clients onshore and offshore. We are trained professionals in Australian Migration Law and we are trusted providers in the industry for our services. If you want to know more about visa cancellations and visa refusals, or you wish to speak to us directly about applying for a review or appeal of your visa, contact us today on (02) 4626 1002 or send us an email at info@migrationcentreofaustralia.com.au and one of my registered migration agents will be ready to help you.
Australian Capital Territory (ACT) is postponing the initiation of Australia’s first pilot program to offer International students a safe passage into the country ‘until there is a clearer picture around the COVID-19 trajectory’. According to sources, around 120,000 students are currently refrained from entering the country due to the border closure in response to COVID-19 pandemic. Professor Paddy Nixon, the Vice-Chancellor and President of the University of Canberra said, “Given the ever-evolving circumstance of this global pandemic, we think it best to press pause on our plans to return a small number of our valued continuing international students who contribute so much to the vibrancy of our city and our campus”.
The Hon Josh Frydenberg MP, Treasurer of the Commonwealth of Australia has advised that an update on the economic and fiscal outlook will be provided on 23 July 2020. Earlier, in a joint media release with Senator the Hon Mathias Cormann, Minister for Finance on 20 March 2020, he had announced the Government’s decision to defer the 2020-21 Budget until 06 October 2020 in light of the on-going COVID-19 pandemic. The industry is expecting changes to the Migration Program planning levels due to the impact of COVID-19. Further, the updates to the skilled migration occupation lists for March 2020 as suggested by the Department of Employment, Skills, Small and Family Business on 13 December 2019, have also been delayed. For the time being, the 2019-20 Migration Program continues to remain in place.
After the Migration & Refugee Division of the AAT issued COVID-19 Special Measures Practice Direction dated 27 April 2020 (“the Direction”) with effect from 29 April 2020, the AAT is now working towards resuming limited in-person hearings in the registries at Adelaide, Brisbane, Canberra, Hobart, Perth and Sydney. The AAT is preparing to schedule in-person hearings within the next few weeks for matters in which a remote hearing is not practicable and deferment is not an option.The AAT is considering to list in-person hearings in accordance with the Direction on a case by case basis. In appropriate matters, the AAT will contact the parties as to hearing arrangements. However, for the time being, most AAT hearings will continue to be conducted remotely via video conference or telephone.
The Indonesia-Australia Comprehensive Economic Partnership Agreement (“the IA-CEPA”) enters into force in Australia on 05 July 2020 vide the Notice of Entry into Force of the Indonesia-Australia Comprehensive Economic Partnership Agreement dated 25 June 2020 (“the Instrument”) According to the Preamble of the IA-CEPA, the countries recognise “that open, transparent and competitive markets are key drivers of economic growth, poverty reduction, job creation, innovation, expansion of productive capacity and human development”. International Trade obligations are relevant in migration context as labour market testing is not required in case of any conflict with these obligations. In this regard, the Migration (LIN 20/029: Determination of International Trade Obligations Relating to Labour Market Testing) Instrument 2020 dated 28 January 2020 provides a list of 14 agreements, including the IA-CEPA, that determines international trade obligations of Australia regarding labour market testing. To read the Instrument, click here. To see list of all Australia’s international trade obligations, click here.
In addition to drafting plans to offer safe haven visas to Hong Kong residents living in Australia amidst China’s decision to go ahead with the controversial security law in Hong Kong, the Australian government is offering new and extended visa options to students and skilled workers from Hong Kong, including pathways to permanent residency. The special visa arrangements, aimed at attracting talent to Australia and creating more job opportunities, include: Additional five years of work rights to temporary graduate and skilled workers, with a pathway to permanent residency, Five year graduate visa to students, with a pathway to permanent residency, and Five year visa for temporary skilled visas applicants if they meet the updated skills lists and Labour Market Testing requirements. For applicants who study and work in regional areas, the existing arrangement continues which includes pathway to permanent residency after 3 years. Further, there will be enhanced efforts to attract export-oriented businesses from Hong Kong to relocate to Australia. The Hon Alan Tudge MP, Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs in a Joint statement with the Hon Scott Morrison MP, Prime Minister said that the special arrangement will benefit 10,000 existing temporary skilled, temporary graduate and student visa holders in Australia, with a further 2,500 outside Australia and 1,250 current applicants.
With a commitment of making the Australian migration advice industry world class, the Government has implemented various initiatives towards achieving this vision.Recently, the Department of Home Affairs has initiated a review of the legislative framework to examine how they can support ‘a highly qualified and professional industry’ and ensure combating misconduct and unlawful operators effectively. The Department has released a Discussion Paper which highlights key considerations for review of legislative framework, including qualification standards to practice as a Registered Migration Agent, disciplinary actions and penalties for unlawful migration assistance, registration of Migration Agents, and the functions of the OMARA, and measures to strengthen consumer protection. Jason Wood, Assistant Minister for Customs, Community Safety and Multicultural Affairs said, “I intend to work with agents to build the industry's reputation and ensure a robust regulatory migration advice framework that prevents misconduct and unlawful advice…This review will support the development of initiatives to combat serious misconduct by registered agents and unlawful providers, and thereby protect consumers and build confidence in the industry”. The Department is seeking industry feedback and is accepting submissions online until 2pm AEST, 27 July 2020. To see the Discussion Paper, click here.
It is after a long struggle in the migration industry that an amendment to remove Australian legal practitioners from the regulatory system of the Office of the Migration Agents Registration Authority (OMARA) has been made. The Migration Amendment (Regulation of Migration Agents) Bill 2019 [“the Bill”] proposed to amend the Migration Act 1958 (Cth), interalia, to remove unrestricted legal practitioners from the regulatory scheme that governs Registered Migration Agents. The Bill was first introduced in the House of Representatives on 27 Nov 2019 and subsequently, in the Senate on 13 Feb 2020. After the third reading in the Senate on 15 June 2020, the Bill was passed by both the houses of the Parliament. On 22 June 2020, the Bill received the Royal Assent as per Section 58 of the Commonwealth of Australia Constitution Act 1900 (Imp) and is now the Migration Amendment (Regulation of Migration Agents) Act 2020 (Cth) [“the Act”]. The Act amends the Migration Act 1958 (Cth) and contains various provisions including: Schedule 1 – Legal practitioners providing immigration assistance, including transitional arrangements Schedule 2 – Registration periods Schedule 3 – Redundant provisions Schedule 4 – Requirement for applicants to provide further information Schedule 5 – Fees and charges Schedule 6 – Other amendments As per the Act, various Schedules are set to commence at different times, mostly within the next 6 to 9 months. The Act makes it unlawful for the Australian legal practitioners with Unrestricted Practicing Certificates to be registered as Registered Migration Agents with the OMARA after the commencement of this provision which is commencing at the end of 9 months from the day of receiving the Royal Assent i.e., 22 June 2020, or earlier if a date is fixed by a Proclamation. The Act defines restricted as: “a practising certificate held by an Australian legal practitioner is restricted if: (a) It is subject to a condition requiring the practitioner to undertake supervised legal practice for a specified period; and (b) such a condition was not imposed as a disciplinary measure by an authority responsible for disciplining Australian legal practitioners in a State or Territory.” If you have any questions or need more information about these changes, Get in Touch with us or call us on (02) 4626 100 to speak to one of our friendly staff.
Visa cancellation provisions are contained in Subdivision C to Subdivision H of Part 2 of the Migration Act 1958 (Cth) [“the Act”]. Accordingly, the Department or the Minister or his delegate may cancel a visa which can be discretionary, mandatory, or by operation of law, depending on the situation. Under certain circumstances, it is possible for you to approach the Department to cancel your temporary visa having more than 6 months validly that include: Visitor Visa (subclass 600) E-Visitor Visa (subclass 651) Working Holiday Visa (subclass 417) Work and Holiday Visa (subclass 462) Electronic Travel Authority (subclass 601) Reasons for Visa Cancellation Visa cancellation may occur if you: Do not comply with your visa conditions Do not meet the character requirements Provide false information to the Department on your visa application Are a threat to the Australian community Grounds for Visa Cancellation Visa cancellation may occur on the following grounds: Not passing the character test Paying for visa sponsorship Ceasing enrollment in a registered course (for student visas) Not declaring certain food, plant material and animal items during immigration (for visitor visas) Importation of objectionable goods or prohibited items If your visa is cancelled while you are in Australia, you may also be barred from making further substantive visa applications for staying in Australia, usually known as the Section 48 bar. Section 48 of the Act imposes limitations if your substantive visa has been refused or cancelled while in Australia or you do not currently hold a substantive visa. The limited number of substantive visas that you may apply for in this situation include: Child Visas Partner Visas Protection, Territorial Asylum or Border Visas Medical Treatment Visas Bridging Visas If you visa is considered for cancellation while are in Australia, the Department will usually notify you of their intention to consider cancelling your visa. You will be given the opportunity to submit your reasons as to why your visa should not be cancelled. In case your visa has been cancelled by the Department (not the Minister) you may be able to appeal the decision of your visa cancellation to the Administrative Appeals Tribunal (AAT) for a review within the specified time period. While you wait for outcome of application, you may apply for a Bridging Visa E (BVE) to keep your status lawful in Australia. Migration Centre of Australia has a team of migration specialists who are experienced in handling visa cancellation cases, including complex matters before the Department and the AAT. Call us on +61 2 46261002 or Contact Us to speak to one of our Registered Migration Agents.