The Migration & Refugee Division of the AAT has issued practitioner guide to virtual hearings using Microsoft Teams (“the Guide”) in furtherance of the COVID-19 Special Measures Practice Direction dated 27 April 2020 (“the Direction”). The Guide outlines steps for preparing and participating in virtual hearing at the AAT using Microsoft Teams, including etiquettes to be followed by the practitioners during an audio and video hearing. Previously, the AAT had made changes to the operations and procedures including registry and lodgement of documents with signatures, priorities for cases, pre-hearing process, requests for expedited decision, preparing for AAT hearing, and use of technology in response to COVID-19. Detailed practitioner guide to virtual hearings using Microsoft Teams can be accessed here.
In Victoria, skilled visa nomination program for both the Skilled Nominated (Permanent) Visa (Subclass 190) and the Skilled Work Regional (Provisional) Visa (Subclass 491) is closed for the program year 2019-2020 and accordingly, no new applications are being accepted from 28 May 2020. Victoria will continue to process and assess the applications received prior to 28 May 2020 and will give priority to the critical sector occupations for the remaining nomination places in response to the challenges posed by the COVID-19 Pandemic. The applicants who wish to apply, must wait till the applications are open for 2020-2021 program year. The State Department will continue to accept nominations for Business Innovation – Extension only (Subclass 188A Extension), Significant Investor – Extension only (Subclass 188C Extension), Permanent Business Innovation (Subclass 888A), Permanent Investor (Subclass 888B), and Permanent Significant Investor (Subclass 888C).
The Migration Amendment (Regulation of Migration Agents) Bill 2019 [“the Regulation Bill”] and the Migration Agents Registration Application Charge Amendment (Rates of Charge) Bill 2019 [“the Registration Bill”] were laid on the table of the Senate for third reading debate on 15 June 2020 and subsequently, were passed by the Senate on the same day. The Regulation Bill, popularly known as the ‘Deregulation Bill’, proposes amendment to the Migration Act 1958 (Cth), interalia, to remove unrestricted legal practitioners from the regulatory scheme that governs migration agents. Further, the Registration Bill proposes amendment to the Migration Agents Registration Application Charge Act 1997 (Cth) for payment of adjusted charge for providing non-commercial immigration assistance. Until the Bills received the Royal assent to become a valid law, the provisions would not be in effect and accordingly, the immigration lawyers must remain registered with the OMARA. The text of the Regulation Bill as passed by both the Houses of Parliament can be accessed here.
The Department of Home Affairs has specified places and currencies for the payment of Visa Application Charge (VAC) and fees in foreign currencies vide the Migration (LIN 20/004: Places and Currencies for Paying of Fees) Instrument 2020 [“the Instrument”] dated 16 June 2020. In accordance with paragraphs 5.36(1)(a) and (b) of the Migration Regulations 1994, the Department provides a list of 62 countries where a payment of a fee is made and corresponding currencies in which payment of a fee is to be made for the purpose of this Instrument. This instrument commences on 01 July 2020. Full text of the Instrument can be accessed here.
The Department of Home Affairs has specified exchange rates for the payment of Visa Application Charge (VAC) and fees in foreign currencies vide the Migration (LIN 20/003: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2020 [“the Instrument”] dated 16 June 2020. In accordance with paragraph 5.36(1A)(a) of the Migration Regulations 1994, the Department’s biannual update provides a list of 46 currencies and the applicable exchange rates in relation to the Australian Dollar (AUD) for the purpose of this Instrument. This instrument commences on 01 July 2020. Full text of the Instrument can be accessed here.
Invitation Date: 03 June 2020 ACT 190 Nomination – Invitations Issued: 81 All Matrix submitted: 110 to 70 points ACT 491 Nomination – No invitations issued as there are sufficient 491 applications in the queue to meet the 2019-2020 annual allocation of 491 nomination places. All matrix expire 6 months after submission date if an invitation is not issued. The next invitation round will be held on or before 15 July 2020.
State Nominated Migration Program (SNMP) Invitation Date: 25 May 2020 Visa Subclass General Stream Graduate Stream Higher Education Graduates Vocational Education And Training Graduates Skilled Nominated visa (Subclass 190) 4 125 26 Skilled Regional (Provisional) visa (Subclass 491) 9 26 29 In 2019-2020, a total of 3188 invitations have been issued as on 26 May 2020: Visa Subclass General Stream Graduate Stream Higher Education Graduates Vocational Education And Training Graduates Skilled Nominated visa (Subclass 190) 51 1863 288 Skilled Regional (Provisional) visa (Subclass 491) / Subclass 489 84 556 346 Total 3188
The Department of Employment, Skills, Small and Family Business is responsible for suggesting changes to the skilled migration occupation lists and accordingly, publishes a Traffic Light Bulletin outlining the proposed changes. The updates for March 2020 were announced by the Department on 13 December 2019, however, it has been delayed to COVID-19. According to the Bulletin, 11 occupations were flagged for removal from the Short Term Skilled Occupation List (STSOL), 17 occupations were flagged for movement between lists, 4 occupations were flagged for addition to the STSOL, and 6 occupations were recommended for a salary caveat. The Department says, “Due to the impacts of the COVID-19 pandemic, the announcement on updates to the skilled migration occupation lists has been delayed.” 11 occupations flagged for removal from the STSOL are Careers Counsellor, Vehicle Trimmer, Business Machine Mechanic, Animal Attendants and Trainers, Gardener, Hairdresser, Wood Machinist, Massage Therapist, Community Worker, Diving Instructor, and Gymnastics Coach or Instructor. For detailed Traffic Light Bulletin, click here.
The Australian Computer Society (ACS) has notified changes in skills and qualifications assessment for certain occupations to come into effect from 01 July 2020. The ACS will undertake skills assessment of 3 occupations, i.e., Database Administrator (ANZSCO 262111), ICT Security Specialist (ANZSCO 262112), and Systems Administrator (ANZSCO 262113) based on separate criteria for cyber security. Further, the ACS will not accept analogue and other non-ICT related electronics subjects for assessing qualifications for electronics subjects and accordingly, only digital electronics subjects will be considered for assessment. Furthermore, regarding recognising qualifications under the Seoul Accord for countries including South Korea, USA, UK, Canada, Hong Kong, Taiwan, and Japan, the burden of proof lies on the applicant to demonstrate the validity of the qualification. For skilled migration to Australia in ICT sector, the relevant skills assessment authority is the ACS. It ensures that you meet the relevant standards needed for employment in an eligible ICT skilled occupation by assessing your academic qualifications and work experience.
With COVID-19 restrictions easing throughout Australia, the Councils are given a go-ahead to resume conducing the citizenship ceremonies in-person in accordance the public gathering limits put in place by the individual States and Territories, in addition to being conducted online. According to sources, the Department has conducted more than 25,000 online ceremonies over a secure video link for people whose application for Australian citizenship was approved already. The Hon Alan Tudge MP, current acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs said, “The government is also working to resume citizenship testing and interviews in the coming weeks so we can have people moving through all stages of becoming Australian citizens.”