In the media
Vital labour support for Australian farmers
Acting Minister for Immigration, Citizenship, Migrant
Services, said the Seasonal Worker Programme has a dual purpose
– it provides direct and tangible benefits to our farming
sector and also to our Pacific family by providing income, skills
and valuable remittances to support the economic development of
participating countries. The funding will support up to 19 Pacific
Labour Mobility Officers across Australia to support the welfare of
seasonal workers and to establish direct links with participating
employers (09 October 2020).
More...
New requirement to learn English to maximise job
prospects
Partner visas constitute 90 percent of the family stream
of the permanent migration intake. From late 2021, new partner visa
applicants and permanent resident sponsors will be required to have
functional level English or to demonstrate that they have made
reasonable efforts to learn English (08 October 2020).
More...
Permanent Migration Program to support Australian jobs
growth
The permanent Migration Program will remain at a cap of
160,000 places for 2020-21, with planning levels of 79,600 places
allocated in the Skill stream and 77,300 places in the Family
stream. Child and Special Eligibility visas will make up the
remaining 3,100 places (07 October 2020).
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Securing and uniting Australia as part of the
Government's economic recovery plan
??The Government is ensuring that Australia remains a
safer and more united nation as part of our Economic Recovery Plan.
As Australia faces the single greatest challenge in more than a
generation, the 2020-21 Budget focuses on securing our borders
including Operation Sovereign Borders; Modern Slavery; Immigration
(06 October 2020).
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Cases
Whites Dental Laboratories Pty Ltd
(Migration) [2020] AATA
3909
MIGRATION – nomination of position – financial
capacity to provide full-time employment for at least two years
– documentary evidence of past and current capacity –
business operating for 19 years – COVID19 restrictions
– nominee's length of employment and contribution to
business – decision under review set aside
Migration Act 1958 (Cth), s 359(2); Migration Regulations 1994
(Cth), r 5.19(3)(d)(i).
Babylon MG Pty Ltd ATF Aria Family Trust
(Migration) [2020] AATA
3887
MIGRATION – nomination of position – direct
entry stream – tasks to be performed in position –
size, complexity and extended operating hours of business –
director's responsibilities split between two businesses
– need for general manager – tasks of occupation
compared to ANZSCO description – ANZSCO not definitive
statement of role – attempts to recruit citizen or permanent
resident – decision under review set aside. Migration Act
1958 (Cth), s 376; Migration Regulations 1994 (Cth), rr
5.19(4)(h)(i), (ii)(D).
Elements of Byron Pty Ltd (Migration)
[2020] AATA 3893
MIGRATION – nomination of position – direct
entry stream – financial capacity to provide full-time
employment for at least two years – business established
short time before application made – nominee employed for
four years already – compliance with COVID-19 restrictions
– genuine need for position – decision under review set
aside
Migration Regulations 1994 (Cth), r 5.19(4)(d)(i).
This publication does not deal with every important topic or change in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you have found this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances please contact one of the named individuals listed.
