Wednesday, August 31, 2016

Unions Welcome Australian High Court Decision on Visas - Scoop.co.nz (press release)


Unions Welcome Australian High Court Decision on Visas
Scoop.co.nz (press release)
The ITF (International Transport Workers' Federation) has welcomed a decision by Australia's High Court to rule invalid a decision by the nation's conservative government to exempt workers on vessels in the multi-billion dollar offshore oil and gas ...

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Originally Published here: Unions Welcome Australian High Court Decision on Visas - Scoop.co.nz (press release)

Appealing a Subclass 457 Visa Refusal - Whats the Deal with the Nomination Requirements?

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A heavily litigated area of migration law has recently been the question of when the Administrative Appeals Tribunal (AAT) will have the jurisdiction to hear an appeal of a Subclass 457 visa refusal. Firstly, as a starting point, readers should familiarize themselves with the three stages of the Subclass 457 and understand that all three stages must be approved in order for the 457 visa to be eventually granted. In this blog, we explore the relationship between an associated Nomination submitted by an approved 457 Sponsor and a 457 Visa refusal appealed to the AAT. 

Accordingly, several recent cases have begun clarifying when the AAT does or does not have jurisdiction to hear a 457 visa appeal. Firstly, in the case of Minister for Immigration v Lee & Ors (2014) FCCA 2881 (10 December 2014), the court held that where an approved Nomination had expired before the appeal of the visa is lodged, then the AAT would not have jurisdiction to hear the appeal of the visa. Considering that 457 Nominations are valid for 12 months from their approval, this suggests that any 457 visa appeal must be lodged within the 12 months validity period of the associated Nomination.

Secondly, the case of Kandel v Minister for Immigration & Anor (2015) FCCA 2013 (7 August 2015) clarified that as long as there was a pending Nomination with the DIBP at the time than an appeal of a 457 refusal was lodged to the AAT then that this would be sufficient. Interestingly, this may suggest that even if an original 457 Nomination and Visa are refused by the DIBP, that as long as a second Nomination is submitted to the DIBP 'identifying' the applicant, then this may be sufficient for the AAT to have the jurisdiction hear the visa appeal.

​Thirdly, the case of Ahmad v Minister for Immigration and Border Protection (2015) FCAFC 2167 confirmed that even in the case of a refused 457 Nomination, as long as the Nomination refusal is also appealed to the AAT, then the AAT would have the jurisdiction to hear a subsequent Visa appeal. Importantly, this was further supported by the recent decision in Dyankov & Ors v Minister for Immigration & Anor (2016) FCCA 2167 (24 August 2016) in which it was concluded that in a case where a 457 Nomination is not appealed to the AAT, then the AAT will not have the jurisdiction to assess the associated 457 Visa refusal.

Accordingly, the current position with the courts (and what will be followed by the AAT) seems to be that in order for a 457 visa refusal to be 'appeal-able', that there must be either a pending Subclass 457 Nomination not yet determined by the DIBP, an approved 457 Nomination by the DIBP, or if a Nomination has been refused by the DIBP, that an appeal of that Nomination refusal has also been submitted to the AAT.

If you require the representation of a Immigration Lawyer in Brisbane today, then feel free to contact us on 1300 644 788 or email your questions to enquiry@salvomigration.com.au.

Also, click here for more useful blogs by our Migration Agents.

Otherwise you can contact us at the following address:

Salvo Migration
320 Adelaide St
Brisbane QLD 4000
https://goo.gl/Bao5ma 

Source: http://ift.tt/1MILL7B


Originally Published here: Appealing a Subclass 457 Visa Refusal - Whats the Deal with the Nomination Requirements?

Originally Published here: Appealing a Subclass 457 Visa Refusal - Whats the Deal with the Nomination Requirements?

How to pass the Australian immigration points test - The South African - TheSouthAfrican


How to pass the Australian immigration points test - The South African
TheSouthAfrican
To immigrate to Australia you will have to pass the Australian immigration points test. Find out what this test means for you.

and more »


Originally Published here: How to pass the Australian immigration points test - The South African - TheSouthAfrican

Australia holiday visa: If you have one of THESE you could be permanently BANNED - Express.co.uk


Express.co.uk

Australia holiday visa: If you have one of THESE you could be permanently BANNED
Express.co.uk
If you are not able to get an eVisitor visa, you may be able to apply for a full tourist visa through the Australian embassy. The Australian authorities will take your criminal record into account when determining whether you are a 'good character ...



Originally Published here: Australia holiday visa: If you have one of THESE you could be permanently BANNED - Express.co.uk

How to pass the Australian immigration points test - TheSouthAfrican


How to pass the Australian immigration points test
TheSouthAfrican
Demand for Australian visas is extremely high and applicants will need to be able to show they can add value to Aussie society before they will be granted a visa. To show you can pull your weight Down Under, you will need to pass the Australian ...

and more »


Originally Published here: How to pass the Australian immigration points test - TheSouthAfrican

How to pass the Australian immigration points test - TheSouthAfrican


How to pass the Australian immigration points test
TheSouthAfrican
Demand for Australian visas is extremely high and applicants will need to be able to show they can add value to Aussie society before they will be granted a visa. To show you can pull your weight Down Under, you will need to pass the Australian ...



Originally Published here: How to pass the Australian immigration points test - TheSouthAfrican

High Court rules foreign workers require Australian visas for offshore projects - ABC Online


ABC Online

High Court rules foreign workers require Australian visas for offshore projects
ABC Online
The Maritime Union of Australia (MUA) is hailing a High Court decision it says will protect local jobs and prevent the exploitation of foreign workers in the offshore oil and gas industry. The Court has ruled that Federal Government measures to allow ...



Originally Published here: High Court rules foreign workers require Australian visas for offshore projects - ABC Online

New law to stop offenders from sponsoring family visas - SBS


SBS

New law to stop offenders from sponsoring family visas
SBS
In a bid to crackdown on serious family violence offenders, a legislation will be again introduced in parliament which will stop them from sponsoring a spouse to obtain an Australian visa, Herald Sun has reported. The legislation was earlier introduced ...



Originally Published here: New law to stop offenders from sponsoring family visas - SBS

Tuesday, August 30, 2016

Maritime workers say high court win on foreign visas will protect local jobs - The Guardian


Maritime workers say high court win on foreign visas will protect local jobs
The Guardian
Unions had argued the federal government's plan to exempt companies from obtaining visas for their employees in the offshore oil and gas industry provided an incentive for companies to hire foreigners for cheaper wages. Photograph: Graeme Robertson for ...



Originally Published here: Maritime workers say high court win on foreign visas will protect local jobs - The Guardian

Maritime workers say high court win on foreign visas will protect local jobs - The Guardian


The Guardian

Maritime workers say high court win on foreign visas will protect local jobs
The Guardian
Unions had argued the federal government's plan to exempt companies from obtaining visas for their employees in the offshore oil and gas industry provided an incentive for companies to hire foreigners for cheaper wages. Photograph: Graeme Robertson for ...



Originally Published here: Maritime workers say high court win on foreign visas will protect local jobs - The Guardian

Seafarers hail High Court win on visas - 9news.com.au


The Australian

Seafarers hail High Court win on visas
9news.com.au
The High Court on Wednesday unanimously ruled against the federal government's decision to exempt companies from obtaining visas for foreign workers on vessels that are outside the redefined Australian migration zone. Unions argued the move provided ...
High Court rules power exceeded on visasHitz 939 News

all 3 news articles »


Originally Published here: Seafarers hail High Court win on visas - 9news.com.au

High Court rules power exceeded on visas - 9news.com.au


High Court rules power exceeded on visas
9news.com.au
The maritime union has won a High Court challenge against federal government visa arrangements that allow the ministerial exemption of vessels from Australia's migration zone. The High Court unanimously ruled the immigration minister had exceeded his ...

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Originally Published here: High Court rules power exceeded on visas - 9news.com.au

Concerns grow about number of visa over stayers in parts of Australia - Australia Forum


Concerns grow about number of visa over stayers in parts of Australia
Australia Forum
Non citizens in Australia are being reminded that they must have a valid visa while living and working in the country, with concerns growing about the number of Irish people overstaying what is allowed on their documents. It is understood that ...



Originally Published here: Concerns grow about number of visa over stayers in parts of Australia - Australia Forum

Danish delegation planning visit to Nauru detention centre refused ... - The Guardian


The Guardian

Danish delegation planning visit to Nauru detention centre refused ...
The Guardian
Last-minute decision by Nauruan authorities to block MPs' visit to Australian-run centre triggers accusations of an 'undemocratic' process.
Australia's Gulag ArchipelagoNew York Times
Nauru bans unsympathetic Danish MPs from detention centre visitThe Sydney Morning Herald

all 11 news articles »


Originally Published here: Danish delegation planning visit to Nauru detention centre refused ... - The Guardian

English Australia: revenue growth stalls - The Australian


The Australian

English Australia: revenue growth stalls
The Australian
Instead, students in the US will now have to apply for new visas to study higher education once they have completed English courses. Mr Blacker said the changes in both countries were likely to benefit Australia. “In terms of the global market, we ...



Originally Published here: English Australia: revenue growth stalls - The Australian

Backpackers reject new tax - Weekly Times Now


Weekly Times Now

Backpackers reject new tax
Weekly Times Now
The websites' Australian owner, Dimitri Roumpos, has submitted the results, accompanied by comments directly from backpackers, to the Federal Government's review of working holiday visas and its controversial plan for a flat 32.5 per cent tax rate.

and more »


Originally Published here: Backpackers reject new tax - Weekly Times Now

Foreign students: IDP recruitment sharply up for UK, Canada, NZ - The Australian


The Australian

Foreign students: IDP recruitment sharply up for UK, Canada, NZ
The Australian
Mr Barkla said IDP's loss of its monopoly on language testing for Australian visas had not hurt it unduly, with global revenue from its International English Language Testing System increasing by 11 per cent. “Australia is an important country to us ...



Originally Published here: Foreign students: IDP recruitment sharply up for UK, Canada, NZ - The Australian

Australia's Gulag Archipelago - New York Times


New York Times

Australia's Gulag Archipelago
New York Times
The full scale of the problem has been hidden because journalists are routinely denied the expensive visas to visit the islands and have been barred from the centers themselves. Those who actually work there, including doctors and counselors as well as ...

and more »


Originally Published here: Australia's Gulag Archipelago - New York Times

Danish delegation planning visit to Nauru detention centre refused visas - The Guardian


The Guardian

Danish delegation planning visit to Nauru detention centre refused visas
The Guardian
The government of Nauru has refused to grant visas to Danish politicians critical of Australia's offshore detention system, triggering a diplomatic row. The Danish foreign minister, Kristian Jensen has been drawn into the dispute with the Nauruan ...
Nauru bans unsympathetic Danish MPs from detention centre visitThe Sydney Morning Herald

all 3 news articles »


Originally Published here: Danish delegation planning visit to Nauru detention centre refused visas - The Guardian

Australia's Gulag Archipelago - New York Times


New York Times

Australia's Gulag Archipelago
New York Times
The full scale of the problem has been hidden because journalists are routinely denied the expensive visas to visit the islands and have been barred from the centers themselves. Those who actually work there, including doctors and counselors as well as ...

and more »


Originally Published here: Australia's Gulag Archipelago - New York Times

Danish delegation planning visit to Nauru detention centre refused visas - The Guardian


Danish delegation planning visit to Nauru detention centre refused visas
The Guardian
The government of Nauru has refused to grant visas to two Danish politicians critical of Australia's offshore detention system, triggering a diplomatic row between Australia, Nauru and Denmark for the “undemocratic” decision. The diplomatic crisis has ...



Originally Published here: Danish delegation planning visit to Nauru detention centre refused visas - The Guardian

Much to love about Perth but family draws emigrants home - Irish Times


Much to love about Perth but family draws emigrants home
Irish Times
In 2013, at the height of the mining boom, Western Australia was the most popular state for Irish workers on four-year employer-sponsored (subclass 457) visas, with more than 4,000 Irish living there on those visas in June that year. The downturn in ...



Originally Published here: Much to love about Perth but family draws emigrants home - Irish Times

Australia puts the brakes on Kiwi bikers | NZNews | Newshub - Newshub


Australia puts the brakes on Kiwi bikers | NZNews | Newshub
Newshub
Kiwi bikies on their way to a funeral in Australia have been barred from entering the country and sent back to New Zealand.

and more »


Originally Published here: Australia puts the brakes on Kiwi bikers | NZNews | Newshub - Newshub

Monday, August 29, 2016

Brisbane Bullets v UCLA: Three-point loss to US college team before sellout - The Sydney Morning Herald


The Sydney Morning Herald

Brisbane Bullets v UCLA: Three-point loss to US college team before sellout
The Sydney Morning Herald
Despite losing to American college UCLA by three points on Monday night, all the signs are pointing to the Brisbane Bullets first season back in the National Basketball League being a resounding success. The game was a sellout at the Logan Metro Centre ...

and more »


Originally Published here: Brisbane Bullets v UCLA: Three-point loss to US college team before sellout - The Sydney Morning Herald

Pacific countries U-turn on seasonal work arrangements - Radio New Zealand


Radio New Zealand

Pacific countries U-turn on seasonal work arrangements
Radio New Zealand
Meetings on Pacific labour mobility arrangements with Australia and New Zealand, which give unskilled workers from Pacific Island countries seasonal work visas, were held last week in New Zealand ahead of the latest rounds of talks on PACER-Plus.

and more »


Originally Published here: Pacific countries U-turn on seasonal work arrangements - Radio New Zealand

Australia puts the brakes on Kiwi bikers - Newshub


Australia puts the brakes on Kiwi bikers
Newshub
Australia has cracked down on bikies in recent months, with a number of Kiwis having their visas cancelled under a law that permits the deportation of non-citizens with criminal backgrounds. In April Shane Martin, who'd lived in Australia for 29 years ...

and more »


Originally Published here: Australia puts the brakes on Kiwi bikers - Newshub

Much to love about Perth but family draws emigrants home - Irish Times


Much to love about Perth but family draws emigrants home
Irish Times
In 2013, at the height of the mining boom, Western Australia was the most popular state for Irish workers on four-year employer-sponsored (subclass 457) visas, with more than 4,000 Irish living there on those visas in June that year. The downturn in ...

and more »


Originally Published here: Much to love about Perth but family draws emigrants home - Irish Times

Australia's Cleaning Worker Abuse Shame - Sourceable


Sourceable

Australia's Cleaning Worker Abuse Shame
Sourceable
As to whether the workers – almost all of whom were South Koreans visiting Australia on student visas – were likely to complain, the representative assured the contractor that all were 'happy' with the arrangement. The above example was outlined in the ...



Originally Published here: Australia's Cleaning Worker Abuse Shame - Sourceable

Student visa shift risks $18bn in exports - The Australian


The Australian

Student visa shift risks $18bn in exports
The Australian
Brett Blacker, executive director of peak group English Australia, which represents English-language colleges, described the current delays and punitive rejections regime as a crisis. “We have members who have hundreds of students waiting for their ...



Originally Published here: Student visa shift risks $18bn in exports - The Australian

Junk Explained: Here's Exactly Why New Zealanders Are So Mad At ... - Junkee


Junkee

Junk Explained: Here's Exactly Why New Zealanders Are So Mad At ...
Junkee
Australians and New Zealanders have a unique relationship. You can fly to Auckland from the east coast in less time than it takes to get to Darwin. We share an ...
Lucky country's unlucky residents | Otago Daily Times Online NewsOtago Daily Times

all 2 news articles »


Originally Published here: Junk Explained: Here's Exactly Why New Zealanders Are So Mad At ... - Junkee

US startup visas to boost entrepreneurship – an immigrant perspective - Diginomica


US startup visas to boost entrepreneurship – an immigrant perspective
Diginomica
A recent conversation with an Australian for example, highlighted the need to be in the Bay Area to help solve some of the more difficult data and machine learning problems that are emerging from AI projects. It is that in-person engagement that ...

and more »


Originally Published here: US startup visas to boost entrepreneurship – an immigrant perspective - Diginomica

Trudeau's China Trip Sparks Fears of Bad Deal for Workers - TheTyee.ca


TheTyee.ca

Trudeau's China Trip Sparks Fears of Bad Deal for Workers
TheTyee.ca
That's what happened when Australia signed a free trade agreement with China last year, warns Andrew Dettmer, national president of the Australian Manufacturing Workers Union. The China-Australia Free ... The trade pact says neither country can “impose ...

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Originally Published here: Trudeau's China Trip Sparks Fears of Bad Deal for Workers - TheTyee.ca