Migration Newsletter 747

   October 2019                                                                             Issue   747

Airline refugees

An extract from a recent article in the Sydney Morning Herald

Australia is on track to post a new annual record for asylum seekers who arrive by air after official figures confirmed more than 95,000 arrivals over the past five years amid fears of corruption and exploitation.

About 80 people every day since the start of July have claimed protection after landing at an Australian airport, highlighting a huge change in people smuggling operations since the government’s crackdown on boat arrivals.

The trend appears likely to push the annual arrivals to a new high while adding to claims of “slavery” by smugglers who recruit workers who arrive as tourists, claim asylum and stay in Australia while their cases go through the courts.

Immigration Minister David Coleman argued the rate of arrivals since the beginning of July showed the influx was likely to be down over the full year when seasonal factors were taken into account.

From Australia and elsewhere

An OMARA decision

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/AATA/2019/3941.html

NZ changes

https://www.sbs.com.au/language/english/audio/work-visa-changes-new-zealand-announces-new-visa-process-for-foreign-skilled-workers?fbclid=IwAR0iwxm9SiB0PFnBUyzlZ836gYbHLjyIGJg4HOfyqzsnnIARTRs-c9iANRU

Being sued

https://www.abc.net.au/news/2019-10-11/murdoch-university-sues-four-corners-whistleblower/11591520

The health criteria

https://www.abc.net.au/news/2019-10-11/paralysed-child-facing-deportation-over-cost-of-medical-care/11591222

Hypothetical

Many clients who receive negative health reports feel that their particular circumstances were not taken into account.

Below is an extract from the Procedures Advice Manual setting out the requirement that the Medical Officer of the Commonwealth prepare a report based on a hypothetical person.

Assessing the lawfulness of a MOC opinion

Visa processing officers need to assess the lawfulness of a MOC opinion, particularly if:

  • It has been found that the applicant does not meet the health requirement and may therefore have their visa refused, or
  • A health waiver is available and the delegate decides not to exercise the health waiver

Visa processing officers must confirm that the MOC has:

  • listed the reports that they have considered in forming the opinion
  • stated the health condition that the applicant has
  • described the severity of the condition
  • described the health care or community services likely to be required by a hypothetical person  who has the same condition as the applicant (including the same severity), and
  • specified the period of stay the applicant has been assessed against.

And below is a link to a court decision that demonstrate the difficulties in challenging an MOC decision.

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCCA/2018/3490.html

Paying filing fees

Hi Peter

Payment of Vvsa fees

I am writing to advise my approach to visa submissions and payment by the many means available.

Since a visa application does not meet the Schedule 1 requirement for a valid application until the payment is received by the Department, I never use any other method of payment other than a credit card.
Our company card or a client’s card are used in the submission.

I prepare my clients in advance if the payment is with the company card to deposit the payment to the account before any deadline arrives so we can submit.

My explanation to my clients is, the small percentage of fees paid to pay the visa application fee by credit card is your insurance policy that the application is submitted and payment has been received.


This eliminates any possibility of delays and issues that might arise from the other payment methods in validating the application

My clients all accept this without question.

I hope this will be of assistance to other agents.

Regards

Paul O’Connor
RMA 0854511

From courts and tribunals.

A passport problem

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/AATA//2019/4082.html

 A decision from The Legal Profession Complaints Committee

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/wa/WASAT/2019/67.html

Eagle Boys

http://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/FCCA/2019/2604.html

A correction

Hi Peter

I noticed an error in my comments from Migration Newsletter 745 which I think caused confusion about lodging a valid visitor visa application. 

On page 7 of the Migration Newsletter 745 the second last paragraph says:

“Once the BVD is granted the client is free to lodge an online visitor visa application.”

The correct statement is: the client is free to lodge an onshore paper-based visitor visa application. This was correctly stated in the original post in Migration Newsletter 743. 

There hasn’t been any issues with obtaining the BVD and BVCs in my experience. There are risks as always with such strategies which I’ve canvassed in Migration Newsletter 744. 

Kind regards,

Rowena

Rowena Prasad | Registered Migration Agent | MARN: 1279309

BComm Jnl (UC), GradCertAustImmLaw (VU)


Anything but migration

Luxury cars

https://edition.cnn.com/style/article/north-korea-luxury-vehicles-intl-hnk/index.html

Saudi Arabia

https://pbase.com/longbachnguyen/saudi

A Tasmanian export in the news

https://www.abc.net.au/news/2019-10-13/tasmania-poppy-farmers-in-crosshairs-of-us-opioid-crisis/11588766

Lewis & Bollard

Solicitors and migration agents

Level 9, 48 Hunter Street Sydney 2000

PO Box A96, Sydney South NSW 1235

Telephone: +61 (02) 92830888 Fax: +61 (02) 92836611

E-mail     peter@lewisbollard.com.au

Website http://lewisbollard.com.au/

Information (or the lack of it) contained in past, the present or future editions of the Migration Newsletter (the newsletter) should not be relied on by anyone as immigration assistance or legal advice. Peter Bollard and Gareth Lewis expressly disclaim any liability, arising at law, in equity or otherwise, for any information published or not published in   past, the present or future editions of the newsletter. People seeking immigration assistance should seek advice from a registered migration agent and those seeking legal advice should consult with a lawyer. The copyright in the newsletter belongs to Peter Bollard and no part of the newsletter is to be reproduced by any means without the written consent of Peter Bollard.

MARN 9250775