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Inside track: Immigration

30 September 2021

#Immigration Law

Inside track: Immigration

In the media

Government delivers largest Partner Program in over 25 years
The Government has delivered the 2020-21 Migration Program, including the largest Partner Program in over 25 years by processing in excess of 72,000 places for couples seeking to reunite. The 2020-21 Migration Program has delivered 160,052 places against the planning level of 160,000 places, with the majority going to applicants already onshore. This has increased from 140,366 places delivered in 2019-20 (21 September 2021).  More...

Increased flexibility for citizenship applicants
Today the Government has announced changes that will streamline the pathway to citizenship for some of our most talented prospective Australians. The Minister will extend the special residence concession to all distinguished talent visa holders and to athletes in the Australian Commonwealth Games team (14 September 2021).  More...


Fan (Migration) [2021] AATA 3336
MIGRATION – cancellation – Temporary Business Entry (Class UC) visa – Subclass 457 (Temporary Work (Skilled)) – ceased employment for more than 60 days – discretion to cancel visa – transition to new position in associated business disrupted by COVID-19 restrictions – now working in new position – new nomination application refused because applicant’s visa already cancelled – applicant’s value to business – length of absence from home country and impact of COVID-19 there – consequent cancellation of second applicant’s visa – decision under review set aside for first applicant, no jurisdiction for second applicant
Migration Act 1958 (Cth), ss 116(1)(b), (3), 140(1), 348; Migration Regulations 1994 (Cth), Schedule 8, condition 8107(3)(b).

Rossopomodoro Pty Limited (Migration) [2021] AATA 3346
MIGRATION – application for approval of nomination of position – genuine position – business’s modest operations and applicant’s lower-level tasks – comparison of tasks of position and ANZSCO description – nominee’s training and work experience – business’s operations and financial statements – decision under review set aside
Migration Act 1958 (Cth), s 140GB(2); Migration Regulations 1994 (Cth), rr 2.72(10)(f), 2.73.

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