Migration Newsletter 746

October 2019                                                                            Issue 746

COE crisis

An article from SBS on how changes to student visa requirements are having serious consequences for potential students from India:

Within a week of Australia downgrading India’s student visa assessment level, SBS Punjabi has become aware of Australian education providers cancelling or withdrawing Confirmation of Enrolments (CoEs) and offer letters to Indian students, specifically from the northern Indian states of Punjab, Haryana and Uttar Pradesh. Listen to this conversation for more information.

And later:

SBS Punjabi also has access to the information circulars distributed by UTS and UTS Insearch**, which clearly mentions that ‘until further notice, UTS and UTS Insearch will not be issuing any offers or joint eCoEs for students from Haryana, Uttar Pradesh and Punjab.

The statement that is addressed to UTS’s education partners reads:

We will be withdrawing all packaged offers for future intakes for students from Haryana, Uttar Pradesh and Punjab.

https://www.sbs.com.au/language/english/audio/cancelling-all-coes-and-offers-australian-institutes-denying-admission-to-indian-students?fbclid=IwAR23NboXRJKC6kIIwApF9h9W7KXpOpj_dRqIvjJrQBRdzYpJDe3qhGWgjdQ

Useful information

Dear Peter,

We thought that the readers of your newsletter may appreciate policy clarification received recently regarding 186/187 nominations. 

A 187 nomination was approved but the visa application that the applicants lodged against this nomination was refused.

 We sought policy clarification whether it was possible to re-lodge a new visa application against an already approved nomination and we received confirmation that we can, provided that a) it is only for the nominee as identified in the nomination; and that the b) visa application is lodged within the 6 months from the nomination approval date. 

As the nomination must identity a person which is the visa applicant, the approved nomination cannot be used by other visa applicants. 

 If an associated visa application lodged on the approved nomination was refused, only the same visa applicant may re-apply for the visa based on the already approved nomination as long as it is within the time limit of 6 months of the nomination being approved.  

5.19 Approval of nominated positions—Subclass 186 (Employer Nomination Scheme) visa and Subclass 187 (Regional Sponsored Migration Scheme) visa  

(1)  A person (the nominator) (including a partnership or unincorporated association) may apply to the Minister for approval of the nomination of a position in Australia

(2)  The application must:

(a)  be made in accordance with approved form 1395 (Internet); and

(b)  identify the position; and 

(c)  identify a person (the identified person) in relation to the position; and 

(d)  identify an occupation in relation to the position; and 

(e)  identify the subclass and stream to which the nomination relates, which must be one of the following:

(i)  a Subclass 186 (Employer Nomination Scheme) visa in the Temporary Residence Transition stream;

(ii)  a Subclass 187 (Regional Sponsored Migration Scheme) visa in the Temporary Residence Transition stream;

(iii)  a Subclass 186 (Employer Nomination Scheme) visa in the Direct Entry stream;

(iv)  Subclass 187 (Regional Sponsored Migration Scheme) visa in the Direct Entry stream;

(v)  a Subclass 186 (Employer Nomination Scheme) visa in the Labour Agreement stream; and

186.223 

 (1)  The position to which the application relates is the position:

(a)  nominated in an application for approval that:

(i)  identifies the applicant in relation to the position; and

(ii)  is made in relation to a visa in a Temporary Residence Transition stream; and

(c)  in relation to which the declaration mentioned in paragraph 1114B (3) (d) of Schedule 1 was made in the application for the grant of the visa.

(2)  The Minister has approved the nomination

Have a fantastic weekend!

Margie Dizon
Director, Registered Migration Agent and Psychologist*
MARN 0639396, PSY0000969092

and 

Cecilia Dela Vega

Registered Migration Agent MARN 0964227

From Australia and elsewhere

More on backpackers

https://www.abc.net.au/news/2019-09-29/backpackers-train-for-farm-jobs-amid-working-holiday-visa-surge/11557540

https://www.sbs.com.au/language/english/audio/this-visa-has-seen-20-more-grants-in-a-single-year?fbclid=IwAR21MwJQuZDudGlwJjixkbtKbLRV_1btWdt8SxuhBLlKRu0ONHEuKdC1HZA

A novel claim

https://www.sbs.com.au/language/english/dj-who-claimed-he-needed-protection-from-members-of-a-wedding-party-loses-appeal-to-stay-in-australia?fbclid=IwAR2Belk5dFY6f5d6A8TNwFu6NeFm4CaOVAOCUUrx7AM5AgPWp7wsriqpYUA

Second class

https://www.themonthly.com.au/today/elle-hardy/2019/30/2019/1569821379/second-class-citizens?utm_medium=email&utm_campaign=The%20Monthly%20Today%20-%20Monday%2030%20September%202019&utm_content=The%20Monthly%20Today%20-%20Monday%2030%20September%202019+CID_f6378b177d921afb40065cfbf8c2caf9&utm_source=EDM&utm_term=Second-class%20citizens

Thank you Susan Murphy

$100K for sponsorship alleged- a story from earlier this year

https://www.sbs.com.au/language/english/visa-seekers-paid-100-000-for-sponsorship-from-fake-businesses

Trends

Hi Peter – hope you’re well!

I’ve been doing some research into Net Overseas Migration trends and seeing some interesting trends, and I thought that this might be interesting for your readers.

I looked at trends by country of citizenship.

It seems to me as if the latest financial year figures (2018-19) were largely driven by fewer Australians travelling.

 This resulted in a large net increase in Australian citizens present in Australia, which is quite unusual. 

Net migration by people from the UK and NZ has slowed a lot compared to 10 years ago, and it looks like many US citizens have been returning home since 2015.

I put these insights together in an article, and there is an interactive graph where you can look at the trend for each country:

All the best!

Mark Webster

The debate continues

Hi Peter,

I hope this email finds you well.

Thank you for Migration Newsletter 745.

 I believe you have received more emails from attentive readers but just in case you haven’t, I would like to bring to your attention, in my opinion, some issues in From unlawful to a Subclass 482 visa-Part 3

Once the BVD is granted the client is free to lodge an online visitor visa application. – This appears to be inconsistent with LIN 19/199 https://www.legislation.gov.au/Details/F2019C00698 – an applicant in Australia needs to hold a substantive visa to be able to use a Form 1419 Internet.

 So it is not clear to me how a BVD holder can lodge a valid online visitor visa application while in Australia.

After lodgement a client will get a BVC by operation of law, that will become active once the BVD expires. – I agree a client is very likely get a BVC but it appears to be at discretion of the Minister under Regulation 2.21B and the Minister is under no obligation to grant a BVC unlike e.g. a bridging visa granted under Regulation 2.21A.

 Furthermore, a BVC should come in effect immediately (030.511(1)) and a BVD will cease upon a BVC grant under Section 82(3).

A BVC is also more beneficial than a BVD under Regulation 2.21 so I don’t see how a BVD could be re-activated.

Kind regards,

Ales Welter

An error

Dear Peter,

Thought of sharing …writs issued in this matter as the Authority fell into error for misconstruing or misapplying the term ‘exceptional circumstances’ in Section 473DD of the Migration Act.

https://www.comcourts.gov.au/file/Federal/P/NSD645/2019/3855761/event/30035035/document/1475629

Kind regards,

Sudarshan Tambimuttu

Solicitor| Hodges Legal

From courts and tribunals.

A  contentious date of birth

https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/AATA/2019/1415.html

Patisserie

https://www.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/AATA/2019/1556.html

A partner visa

Hi Peter,

Perhaps the following may be of interest to your readers.

On Good Friday this year I lodged a partner visa application via internet. I paid the VAC by BPAY the same day.

I then watched to see when the department might match that payment with the application and issue a BVA for the client.

Unfortunately because of the long weekend (including Easter Monday) the department did not match the payment until the Tuesday.

On Easter Sunday the applicant let Australia using her multiple entry Visitor visa – she left because she feared becoming illegal as her Visitor visa 3 months was to expire on the Monday.

Immigration then sent me an acknowledgement of an 820/801 application, the day after the client had left Australia.

There was no bridging visa as they had determined she was outside Australia at the time of application.

I applied for a BVA using a paper form and, after 3 months of following up on this, received a phone call 3 weeks ago. Immigration are now investigating saying that they cannot issue a BVA because she was outside Australia at the time of application AND they will most likely send the application back to us as invalid.

They advised me to prepare the client to have to pay the fee again (it has also gone up since).

I still however have not received any decision from immigration regarding this – meanwhile the client is in Australia on her last 3 month stay of her Visitor visa and we cannot get immigration respond about this.

Kind regards,

Rhsy Cochrane

Registered Migration Agent 1568361

Anything but migration

3 years

https://www.abc.net.au/news/rural/2019-09-29/how-hail-can-wipe-out-avocado-income-for-three-years/11550462?WT.ac=statenews_nsw

Moral injury

https://www.abc.net.au/news/2019-09-29/unmanned-combat-drone-pilots-moral-injury-warfare-dissonance/11554058

Vodka

https://www.aljazeera.com/news/2019/10/russians-drink-live-longer-report-191001174704055.html

Halloween pumpkins

https://www.abc.net.au/news/rural/2019-10-06/halloween-pumpkins-carving-out-niche-market-for-kimberley/11572406

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