In Plaintiff v Minister for Immigration & Border Protection [2014] HCA 22 (18 June 2014) the High Court held s198AB of the Migration Act 1958 (Cth) (that authorised the Minister to designate another country as a regional processing centre for unauthorised maritime arrivals) was supported under the aliens power (Constitution s51(xix)).
The Court rejected a submission that legislation needed to satisfy a "proportionality test" to be supported by a power and be valid: French CJ, Hayne, Crennan, Kiefel, Bell and Kreane JJ jointly. The Court...
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Thursday, 31 July 2014
U.S. Consulates and Continuing Delays in Visa Processing
If you are waiting for a U.S. visa to be issued, you may be experiencing ongoing delays. For an update see:
http://travel.state.gov/content/travel/english/news/ccd-performance-issues.ht...
Tuesday, 29 July 2014
Additional countries able to apply online for Subclass 600 visas (Tourist, Sponsored Family or Business visitor stream)
The Migration Regulations have been amended so the classes of people eligible to make online applications
for Subclass 600 (Visitor) visas in the Tourist, Sponsored Family or Business
visitor stream.
The additional countries able to make online applications
are Angola, Anguilla, Armenia, Benin, Bermuda, Bosnia and Herzegovina,
Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, the Cayman Islands, the
Central African Republic, Chad, Comoros, the Democratic Republic of the Congo,
the Republic of the Congo, Côte d’Ivoire, Djibouti,...
Monday, 28 July 2014
Carmichael Coal Mine and Rail Project - 457 visas?
Adani (an India based company) is set to develop a 60 million tonne (product) per annum (Mtpa) thermal coal mine in the north Galilee Basin approximately 160 kilometres (km) north-west of the town of Clermont, Central Queensland. All coal will be railed via a privately owned rail line connecting to the existing Aurizon rail infrastructure near Moranbah, and shipped through coal terminal facilities at the Port of Abbot Point and/or the Port of Hay Point (Dudgeon Point expansion). The Carmichael Coal Mine and Rail Project (the Project)...
Thursday, 24 July 2014
Subclass 190 visa applications - skils assessment validity
The Department of Immigration & Border Protection (DIBP) has provided the following advice on the validity of renewed skills assessments for SC 190 visa applications.
If an applicant's skills assessment has or is about to expire under the new 3 year validity policy, some skills assessing authorities are renewing skills assessments where the applicant continues to be skilled in the relevant occupation.
The three year validity of these renewed skills assessments will commence on their date of 're-issue' by the skills authorit...
Applications for a CARER visa lodged before 2 June 2014
If you lodged your application for a Carer
(subclass 116 or subclass 836) visa prior to 2 June 2014, it can only be
accepted by the department if you provided evidence that you or your relative
had arranged to start the Medibank Health Solutions assessment process. This
meant providing, with your application, the letter from MHS acknowledging your
request for a care assessment. As noted on the department's website, the
eligibility criteria for this visa is that your relative had 'arranged an
assessment' to be done with MHS.
All applications...
Tuesday, 22 July 2014
I Want a Green Card! How Do I get One?
Firstly, are you sure you want a green card? Before embarking on the journey of obtaining a green card, you need to be sure it is the best option for you. The best way to determine this is to consult with an immigration attorney, however, reading this article is a good first step.
There are four ways to get a green card:
Family relationship
Employment
Investment
Green card lottery
Family Relationship
If your spouse, sibling, or parent is a US citizen, they can petition for a green card on your behalf and you will...
Monday, 21 July 2014
SmartGate for Singaporean nationals - now available
Minister Cash announced today that the SmartGate capability will
be permanently extended to include arrivals for Singaporean nationals
at the eight major Australian airports. SmartGate is currently
availalbe on a permanent basis for Australian, New Zealand, US and UK
citizens on a permanent basis and is still being trialled for Swiss electronic
passport holder...
Monday, 14 July 2014
I am in a relationship with an Australian but do not have a visa. Can I apply for a partner visa while onshore?
This is a question which seems to be asked quite frequently
these days. The answer is that in some limited circumstances it may be possible
for persons who are in a relationship with an Australian citizen, permanent
resident or eligible New Zealand citizen and who do not have a current
substantive Visa, to apply for a partner visa whilst onshore.
Generally speaking, in order for a partner visa application
to be valid, the making of the application must comply with schedule 3
criterion 3001 of the migration regulations, which provide that the...
Wednesday, 9 July 2014
Onshore Medical Services - health examinations
In July 2014 the department will change to a new migration
medical services provider.
The current Onshore Medical Services Contract between the
Department of Immigration and Border Protection (DIBP) and the current service
provider Medibank Health Solutions (MHS) will expire on 25 July.
From 28 July the provision of visa medical examinations and
assessments to clients in Australia will commence with Bupa Medical Visa
Services.
The department of immigration has stated that they believe that the change to the new service provider will...
Validity of skills assessment
Following amendments to the Migration Regulations 1994, from 1 July 2014, if a skills assessment is mandatory as part of a visa application, it will only be valid for a period of 3 years from the date of issue, unless a shorter validity period is specified on the assessment.
A skills assessment must be valid at the time of lodgement for the following visas:
Direct Entry stream of the Employer Nominated Scheme (subclass 186) visa;
Direct Entry stream of the Regional Sponsored Migration Scheme (subclass 187) visa; and
Graduate Work...
Tuesday, 8 July 2014
User pays for all biometrics at all AVACs
From 1 July 2014, the Department of Immigration and Border
Protection is moving to a full user-pays model at all biometric Australian Visa
Application Centres (AVACs). This means that service providers will charge
clients a service fee for visa application lodgement and biometric collection.
This is in addition to visa application charges.
Biometrics are collected at AVACs, Australian Biometrics
Collection Centres (ABCCs) or at Australian Missions using a quick, discreet
and non-intrusive process that captures a facial image with a digital...
Subclass 190 Anomaly - English at time of invitation and application
An anomaly has been identified in the SC 190 regulations. Reg
190.213 requires the applicant to have Competent English at the time of INVITATION. However,
the definition of Competent English at Reg 1.15C requires the applicant to also
have a valid English language test result at time of APPLICATION.
If the validity of an applicant's test result expires between
the time of invitation and the time of application lodgement, they will
not meet the requirement for Competent English and the visa will be
refused.
The Department...
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