The Arrangements for Child Visa Applications 2016/051 (“the Arrangement”) as amended vide the Migration (LIN 20/049: Arrangements for child visa applications) Amendment Instrument 2020 dated 30 March 2020 commencing from 01 April 2020 is registered on 08 May 2020. The Arrangement specifies the form, place and manner for making an application regarding the Child (Migrant) Visas – Subclass 101 (Child), Subclass 102 (Adoption), Subclass 117 (Orphan Relative); the Child (Residence) Visas -Subclass 802 (Child) and Subclass 837 (Orphan Relative); and the Extended Eligibility (Temporary) Visa -Subclass 445 (Dependent Child). The updated compilation for the Arrangement can be accessed here.
On 14 May 2020, the Parliament of the Commonwealth of Australia has introduced the Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2020 [“the Bill”] in the House of Representatives to amend the Migration Act 1958 (Cth) and other related purposes. The Bill proposes to insert new provisions regarding search of detainees for prohibited things in the immigration detention facility and related exercise of powers by the authorised officer, including power of search, seizure and forfeiture. The Bill also proposes provisions regarding screening and strip search of detainees and search of the facilities. The Bill proposes to include controlled drugs (as defined in the Criminal Code Act 1995 ) and prescription drugs, as case may be, mobile phones, Subscriber Identity Module (SIM cards), and internet-capable devices as prohibited things for this purpose. Read the full text of the Bill here.
The Federal Circuit Court of Australia delivered a judgment in CBI18 v Minister for Immigration & Anor [2020] FCCA 1018 dated 01 May 2020 on the issue that whether the Immigration Assessment Authority (the Authority) had failed to consider ‘relevant material’ as evidence for a Safe Haven Enterprise visa (Class XE) (Subclass 790) in terms of sub-sections 473CB(1)(b), 473CC & 473DD(b) of the Migration Act 1958 (Cth). The Court held that the Authority had failed to consider the evidence of a letter that was provided by the visa applicant’s wife that was ‘highly material’ in this case and stated that, “It accepted many aspects of his claims. In that context, it was necessary to properly consider and address the document. I am satisfied that it is appropriate to draw an inference that the IAA did not consider that document”. The Court held that there was jurisdictional error and accordingly, issued the writ of certiorari to set aside the decision of the Authority and writ of mandamus to the Authority to review its decision in accordance with law. To read the full judgment, click here.
The Victorian Government has announced a range of government assistance for temporary and provisional visa holders impacted by COVID-19, including setting up AUD $45 million International Student Emergency Relief Fund for international students facing financial hardship during the crisis, relaxation of work hours and housing support. Victoria has also announced AUD $1.7 billion economic survival and jobs package to support business in the State. This Support for Businesses’ package includes: Refund of full payroll tax to small and medium-sized businesses for the Financial Year 2019-20. Defer payment of payroll tax by small and medium-sized businesses until 1 January 2021 for the tax of first three months of the Financial Year 2020-20 2021. Connect businesses that need staff with prospective workers via the ‘Working for Victoria’ initiative. Access to Business Support Fund to support the hardest hit sectors and other small businesses. For the more information on Victorian Government support for businesses during COVID-19, click here. More details on ‘Working for Victoria’ initiative can be accessed here.
The occupation, Radiation Oncologist (ANZSCO 253918) which is available on the Western Australian Skilled Migration Occupation List for State Nomination of Skilled Nominated visa (Subclass 190) or Skilled Work Regional (Provisional) visa (Subclass 491) is currently under review. For nominations of ‘Under Review’ occupations, invitations to apply for State nomination remain pending the outcome of the review and thus, accordingly, invitations to apply for this occupation will remain limited for the time being. However, applicants who have received an invitation already will not be affected and can proceed with their application normally.
According to Australian Bureau of Statistics (ABS), Australia’s population comprised over 7.5 million migrants amounting to 29.7% of the country’s total population for the year ending 30 June 2019. Now, the Government is expecting the numbers to fall “significantly” due to border closure in response to COVID-19 pandemic. In previous year, net overseas migration increased the country’s population by 239,600 people and the Government has always recognised the importance of the migration and its contribution to the Australian economy. Although the current crisis has severely affected the immigration industry, the Government does not expect long term changes in terms of net overseas migration once the border and travel restrictions are lifted. While there has been no specific time frame decided for reopening the borders yet,The Hon’ Prime Minister, Scott Morrison said that, “I can’t see international travel happening any time soon. The only exception, as I have flagged, is potentially with New Zealand” suggesting that the borders may remain closed until the end of the year and into 2021.
Migration agencies and organisations across Australia are warned against a suspicious email with subject line, “Legal Migration services sent you "PO-09514.pdf” sent from email ID, “legal.migrationservices@outlook.com”. Australian migration industry has been cautioned regarding a phishing email attempting to collect personal information such as usernames and passwords from various migration agents. Anyone who has received such email should refrain from providing any information or clicking on any link provided in the email and wherever possible, report the email as spam or malware.
According to sources, the Department of Home Affairs may no longer include costs of certain disability services provided by States/ Territories to temporary visa applicants with disability or health condition while calculating costs under the health requirement visa condition. Most visas have attached condition of meeting health requirement to be eligible for the visa. For temporary visa holders mainly, International students, temporary workers and international tourists with disability or health conditions this requirement created a bar from being granted a visa through addition of hypothetical cost of state disability services to the tune of AUD $49,000 during the stay. The Department is considering to not take state disability services into account while assessing these temporary visa applications to facilitate the grant of visa. However, no formal changes have been made in the policy documents as on date.
The occupation, Retail Pharmacist (ANZSCO 251513), which is currently available on the GOL (Graduate Occupation List) for State Nomination under Skilled Nominated visa (subclass 190) or Skilled Work Regional (Provisional) visa (subclass 491) is no longer considered a ‘Regional WA only’ occupation from 24 April 2020. For nominations in ‘Regional WA only’ occupations, candidates are required to provide evidence of a job offer or contract of employment in a regional location as defined under Category 3 – Regional Centres and Other Regional Areas not including Perth and Mandurah. Henceforth, for nomination under the occupation ‘Retail Pharmacist’ (ANZSCO 251513), candidates can provide evidence of six months full time permanent or fixed-term employment contract from any location within Australia, along with meeting the other requirements for Graduate Stream nomination.
The Department has provided revised average visa applications processing time as impacted by changes in volume of applications, temporary peak and complexity of cases, as on 20 April 2020. Visa processing times of some visa subclasses are as under: [table td1=”Visa Subclass” td2=”Processing Time of 75% of Applications” td3=”Processing Time of 90% of Applications”] [td1]Partner Visa (subclass 820)[/td1] [td2]24 months[/td2] [td3] 29 months [/td3][td1]Employer Nomination Scheme visa (subclass 186) – Direct Entry Stream[/td1] [td2]4 months[/td2] [td3] 6 months [/td3][td1]Temporary Skill Shortage Visa (subclass 482) – Medium-term Stream[/td1] [td2]32 days[/td2] [td3]56 days [/td3][td1]Training Visa (subclass 407)[/td1] [td2]4 months[/td2] [td3]5 months[/td3][td1]Temporary Work Activity visa (subclass 408) – Various Streams[/td1] [td2]5 days[/td2] [td3]4 months[/td3][/table] To access the full list on the Department’s website, click here.