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.
Australia is 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. Currently, there are about 20,000 Hong Kong residents living in Australia who do not want to return home. Prime Minster, Scott Morrison said that Australia is ‘prepared to step up and provide support’. He also said, “When we have made a final decision on those arrangements, then I’ll make the announcements, but are you asking are we prepared to step up and provide support? The answer is yes.” The Safe Haven Enterprise Visa (Class XE) (Subclass 790) is a protection visa for refugees which requires you to be in Australia; be a refugee or engage in Australia’s protection obligations; and meet all other requirements for the visa.
Tasmania is currently not issuing any nominations under the Skilled Migration program, for the Skilled Nominated (Permanent) Visa (Subclass 190) and the Skilled Work Regional (Provisional) Visa (Subclass 491) as the nomination quotas are yet to be allocated to the States by the Commonwealth Government for the 2020 to 2021 program year. The applicants will still be able to lodge new applications for State nomination and the State will continue to assess these applications. However, nominations will be issued only after the Australian Government allocates quota to the State.
Queensland is currently closed for accepting any nominations under the Skilled Migration program, for the Skilled Nominated (Permanent) Visa (Subclass 190) and the Skilled Work Regional (Provisional) Visa (Subclass 491), and the Business Migration Program as the nomination quotas are yet to be allocated to the States by the Commonwealth Government for the 2020 to 2021 program year. Accordingly, Business and Skilled Migration Queensland (BSMQ) will not accept any Expressions of Interests (EOIs) submitted on SkillSelect from 01 July 2020 onwards.
NSW is currently closed for accepting any nominations under the General Skilled Migration (GSM) program for the Skilled Work Regional (Provisional) Visa (Subclass 491), and the Business Investment and Innovation Program (BIIP) as the nomination quotas are yet to be allocated to the States by the Commonwealth Government for the 2020 to 2021 program year. The applicants will still be able to lodge new applications for State nomination for the Skilled Nominated (Permanent) Visa (Subclass 190). However, NSW will commence State invitation rounds for nomination after the nomination quotas are allocated by the Commonwealth Government.
Victoria is currently closed for accepting any nominations under the Skilled Migration program, for the Skilled Nominated (Permanent) Visa (Subclass 190) and the Skilled Work Regional (Provisional) Visa (Subclass 491), and the Business Migration Program as the nomination quotas are yet to be allocated to the States by the Commonwealth Government for the 2020 to 2021 program year. The applicants will still be able to lodge Expression of Interest (EOI) for State nomination under the Skilled Migration program and the State will continue to assess these applications. However, nominations will be issued only after the Australian Government allocates quota to the State. An EOI is required before the applicant applies for a visa nomination in Victoria. Under Business Migration programs, the State Department will not accept nominations for Business Innovation – Extension (Subclass 188A), Investor – Extension (Subclass 188B), Significant Investor – Extension (Subclass 188C), Entrepreneur –Extension (Subclass 188E), Significant Business History (Subclass 132A), and Venture Capital Entrepreneur (Subclass 132B).
South Australia is currently closed for accepting any nomination applications for the Skilled Migration program, for the Skilled Nominated (Permanent) Visa (Subclass 190) and the Skilled Work Regional (Provisional) Visa (Subclass 491), and the Business Migration programs as the nomination quotas are yet to be allocated to the States by the Commonwealth Government for the 2020 to 2021 program year. Under Business Migration programs, the State Department will not accept nominations for Business Innovation – Extension (Subclass 188A), Investor – Extension (Subclass 188B), Significant Investor – Extension (Subclass 188C), Entrepreneur –Extension (Subclass 188E), Significant Business History (Subclass 132A), and Venture Capital Entrepreneur (Subclass 132B). As of now, the Skilled and Business Migration programs will remain closed until August 2020 in South Australia.