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Inside track: Immigration

12 October 2020

#Immigration Law

Inside track: Immigration

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).  More...

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).  More...


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).

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