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2019-nCoV: Travel restrictions are now in effect
Immediate changes to Australia's entry conditions in order to stem the spread of coronavirus. ...
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Convict Settlement Revisited
Or, “Strengthening” the Character Test This Bill is currently before Parliament. I refer to four issues: Retrospective These laws are probably retrospective in nature. It means that if you passed the Character Test previously, you may not pass the Character Test under this new proposed law. The...
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Regional Migration: An Aussie dream since Federation
We weigh up the pros and cons of mandatory periods of residence in Australia's regional areas for incoming migrants....
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New changes to the Working Holiday Maker visa program
About a month ago, the Australian Government announced some changes to the Working Holiday Maker visa program: From 5 November 2018, expanding the regional areas where Work and Holiday (subclass 462) visa holders can work in agricultural (plant and animal cultivation) to qualify for a second year...
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Seasons Greetings! Our Christmas and New Years Hours.
With the silly season approaching, we thought it best to let our valued clients informed of our hours in the forthcoming weeks. Our office will close at 5:30PM on Friday, 21st December 2018 and will re-open at 9:00AM Monday, 7th January 2018. Rest assured, the law sleeps...
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Migrants, money and melodrama: Is immigration really destroying Australia as we know it? We break down the figures.
Aussie businessman and immigration policy commentariat, Dick Smith recently warned the nation that “[the immigration rate] will destroy Australia as we know it”. This rather dire sentiment is not uncommon, and as immigration lawyers, we thought it was about time we make a well overdue contribution to...
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Are you worried about the changes to 457 Visas?
In April this year, Immigration Minister, Mr Peter Dutton, announced changes to the 457 Visa scheme. These changes are far-reaching and will affect the lives of current visa holders and prospective visa applicants. What is the 457 Visa? The 457 Visa is a temporary Visa that allows...
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SIV and Managed Funds
SIV and Managed Funds Under the new SIV regulations, investors must invest: At least AU$500,000 in eligible Australian venture capital or growth private equity fund(s) investing in start-up and small private companies; At least AU$1.5 million in an eligible managed fund(s) or Listed Investment Companies (LICs) that...
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Australian Government Serious About Family Violence
The Department of Immigration and Border Protection have issued US RnB singer Chris Brown with a Notice of Intention to Consider Refusal of his visa to travel to Australia for his tour scheduled to take place in December 2015. The Notice relates to the singer’s conviction for...
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Operation Fortitude; Clumsy Wording?
Recently, you might have read of Operation Fortitude, the new Australian Border Force’s (ABF) plan to patrol the Melbourne CBD with Victoria Police and other agencies. A press release issued beforehand stated an intention to check the immigration status of “any individual we cross paths with”. Due...
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The 457 ‘Visa Factory’ & The 7/11 Debacle
On 17 September 2015, the Minister for Immigration, Peter Dutton introduced legislation into Parliament to make it a criminal offence for a sponsor to be paid by a visa applicant in return for securing a migration outcome. ‘Payment for visas’ conduct is not currently unlawful. However a...
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Merits Review Tribunal Amalgamation
On 1 July 2015, the Migration Review Tribunal (MRT) and the Refugee Review Tribunal (RRT) amalgamated into the Administrative Appeals Tribunal (AAT). This means that matters previously dealt with by the MRT and RRT can only be undertaken by the Migration and Refugee Division (MRD) of the...
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Bridging Visas and Judicial Review
Commonly, a bridging visa is granted on the grounds that a substantive visa application has been made and is yet to be finally determined. However, that bridging visa does not carry over to encompass a judicial review application. You may be eligible to apply for a bridging...
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Additional Stamp Duty for Foreign Purchasers
When you buy or acquire a property in Victoria, you must pay land transfer duty (otherwise known as stamp duty) unless an exemption applies. The State Taxation Acts Amendment Act 2015 (Vic) amended the Duties Act 2000 (Vic), and consequently from 1 July 2015, a “foreign purchaser”...
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Safe Haven Enterprise Visa
A Safe Haven Enterprise visa, allows a person to whom Australia is found to owe protection obligations, to stay in Australia for five years. This visa allows access to Medicare, social security benefits, job matching, short term counselling for torture or trauma, and for minors, access to...
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Visa Cancellation – Eden v Minister for Immigration and Border Protection
A recent decision of the Federal Court highlights that unfair visa cancellations can be fought in the courts on grounds of unreasonableness. In Eden v Minister for Immigration and Border Protection, Justice Logan, sitting in Brisbane, overturned (or “quashed”) a personal decision of the Assistant Minister for...
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The Citizenship Bill Saga Continues…
The Australian Citizenship Amendment (Allegiance to Australia) Bill 2015 is currently in the works, and will see dual nationals losing their citizenship if they have engaged in an act of terrorism. Leading constitutional lawyers, legal groups and the Australian Bar Association have warned the Government that this...
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Australian Business Skills Migration: The Guidebook
Edition 3 of Australian Business Skills Migration: The Guidebook now available....
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Cricketer, Asylum Seeker, Citizen
A very interesting article recently in the Sydney Morning Herald regarding Fawad Ahmed, a professional cricketer forced to leave Pakistan after receiving threats from religious extremists for his community work, which included education for girls and vaccinations for polio and hepatitis. Ahmed’s story underlines the importance of...
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Assistant Minister for Immigration Issues Warning About Dodgy Migration Agents
A recent press release from Assistant Minister for Immigration and Border Protection, Senator the Hon Michaelia Cash, warns visa applicants to be wary of unscrupulous migration agents. This follows on the heels of recent allegations about AUSFIS, an offshore web-based migration agent, accused of taking payment for...
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Implementation of Labour Market Testing for 457 Visas
Last Friday the Government finally proclaimed the official implementation date for labour market testing of subclass 457 visas: 23 November 2013. For many employers, this will mean providing evidence of attempts to recruit Australians for a nominated position. While some occupations will be exempt, the list of...
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Rogue Migration Agents and Immigration Lawyers
Is your immigration lawyer or migration agent registered? It seems like a funny question to ask, but from time to time we have clients come to us after falling prey to someone they thought was qualified to help them who, upon further enquiry, turns out to be...
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Visa Arrangements for Ukrainian Nationals
Owing to current events in the Ukraine, the Department of Immigration & Border Patrol (DIBP) has advised that Ukrainian nationals in Australia may apply to DIBP for an extension of their visas for a temporary period. Depending on how events unfold in the Ukraine, subsequent applications might...
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