Refugee visas - inadvertent release of names of applicants

In the case of SZSSJ v Minister for Immigrtion and Border Protection [2015] FCAFC 125 (2 September 2015) in Feburary 2014 the Department of Immigration & Border Protection (DIBP) inadvertently published on its website the names and identifying details of 9528 people who had applied for refugee status and had been rejected (and were awaiting return to their home country) or whose applications had not been decided.


A Full Court decided in four appeals brought by affected persons that the procedures set up the department (DIBP) to respond were inadequate and occasioned breaches of natural justice.

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Engineers Australia to accept TOEFL - January 2016

Engineers Australia have announced on their website that from 1 January 2016 it will be accepting the TOEFL IbT as an alternative English Language Test to address the English language competency element of the Migration Skills Assessment.

Applicants submitting their application on or after the 1 January 2016 will be able to provide either an IELTS test result form with a score of 6 or more in each of the 4 modules, or a TOEFL IbT result with the following minimum scores for each module:

• Listening 12
• Reading  13
• Writing     21
• Speaking 18

Applicants will need to upload the test results, as well as write their registration number.

TOEFL IbT results will be accepted up to 2 years after the test date.

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China Free Trade Agreement (ChAFTA) - Labour Market Testing (LMT)

The Minister for Immigration has determined that Labour Market Testing (LMT) for subclass 457 visa applications is inconsistent with the terms of the China Free Trade Agreement (ChAFTA) and therefore does not need to be conducted for the following natural persons covered under the terms of the ChAFTA:

• Executives, Senior managers and Managers as Inter-Corporate transferees
• Specialists as Intra-Corporate Transferees
• Independent Executives
• Contractual Service Suppliers

 

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Working Holiday Visa & Work and Holiday Visa (subclass 417 and subclass 462)

In order to extend the 6 months’ condition attached to 417 and 462 visas, visa holders must request the permission of the DIBP through Form 1445.

 

Permission may be granted if:

• a 417/462 visa holder has applied for an onshore work, training or spouse visa and employment can continue until a decision is made on one of those applications; or
• a 417/462 visa holder is working as an ‘au pair’, anywhere in Australia and the youngest child is less than 12 years old, for up to 12 months; or
• a 417/462 visa holder is working in:

• aged and disability care;
• agriculture, forestry and fishing;
• construction;
• mining; and
• tourism and hospitality.  

in  Northern Australia, which includes all of the Northern Territory and those areas of Queensland and Western Australia above the Tropic of Capricorn, for up to 12 months.

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Enhanced visa arrangements for Indonesian visitors

The Australian Government will introduce an option of a three-year, multiple-entry visa for Indonesian visitors to Australia next year – an extension of the current one-year visa.  The new visa measures are designed to enhance tourism and business links between Australia and Indonesia.

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Engineers Australia to accept English Language Test: TOEFL iBT

From the 1st January 2016, Engineers Australia will be accepting the TOEFL iBT as an alternative English Language Test to address the English language competency element of the Migration Skills Assessment. Applicants submitting their application on or after the 1st January 2016 will be able to provide either an IELTS test result form with a score of 6 or more in each of the 4 modules, or a TOEFL iBT result with the following minimal scores for each module: Listening: 12 Reading: 13 Writing: 21 Speaking: 18 Applicants will need to upload the test results, as well as write their registration number. TOEFL iBT results will be accepted up to 2 years after the test date. (Source: Engineers Australia)

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Offshore Skills Assessment Program (OSAP)

The Offshore Skills Assessment Program (OSAP) is an assessment pathway for visa applicants under the General Skilled Migration (GSM) visa program who are applying for a nominated occupation and hold a passport from a nominated country. OSAP skills assessments determine if applicants have the skills and experience necessary to work in Australia at the trade level for their occupation so that they can contribute immediately to the Australian workforce. The program currently covers the following occupations: • Air-conditioning and Refrigeration Mechanic (342111) • Automotive Electrician (321111) • Baker (351111) • Bricklayer (331111) • Cabinetmaker (394111) • Carpenter (331212) • Carpenter and Joiner (331211) • Chef (351311) • Cook (351411) • Diesel Motor Mechanic (321212) • Driller (712211)) • Electrical Linesworker (342211) • Electrician (General) (341111) • Electrician (Special Class) (341112) • Electronic Equipment Trades Worker (342313) • Fitter (General) (323211) • Fitter and Turner (323212) • Fitter-Welder (323213) • Hairdresser (391111) • Joiner (331213) • Metal Fabricator (322311) • Metal Machinist (First Class) (323214) • Metal Fitters and Machinists (nec) (323299) • Motor Mechanic (General) (321211) • Motorcycle Mechanic (321213) • Panel Beater (324111) • Pastry cook (351112) • Plumber (General) (334111) • Pressure Welder (322312) • Sheet Metal Trades Worker (322211) • Small Engine Mechanic (321214) • Technical Cable Jointer (342212) • Toolmaker (323412) • Vehicle Painter (324311) • Welder (First Class) (322313) The program covers applicants from Brazil, China (including Hong Kong and Macau), Fiji, India, Iran, Ireland, Papua New Guinea, Philippines, South Africa, South Korea, Sri Lanka, Thailand, United Arab Emirates, United Kingdom, Vietnam and Zimbabwe. It must be noted that not all occupations are available for all countries. Applicants under the Offshore Skills Assessment Program (OSAP) are required to submit a ‘paper’ application and, subject to a favourable outcome from this step, they then undergo a technical interview or practical assessment in their country of origin depending on their occupation. As noted above, the program allows individuals who have no formal qualifications to apply as well. Those applying in non-licensed trades qualify for an Australian Certificate III if the outcome of their application is successful. This then allows them to claim qualification points in their migration application. Please contact us if you think that you might qualify and you require advice.

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Do you know that there is more than ONE English exam?

For many years IELTS has always been the preferred method of English language test within the Department. However many applicants may not be aware that there are now other English exams accepted by the Department:

1. Test of English as a Foreign Language internet-based test (TOEFL iBT);
2. Pearson Test of English Academic (PTE);
3. Cambridge English: Advanced test (CAE) – This test will only be accepted when complete on or after 1 January 2015.
4. Occupational English Test (OTE) – This English exam is specifically designed for 12 Healthcare Professionals. The tests simulate real workplace tasks and test relevant language skills for each profession. These Occupations include:

• Dentistry
• Dietetics
• Medicine
• Nursing
• Occupational Therapy
• Optometry
• Pharmacy
• Physiotherapy
• Podiatry
• Radiography
• Speech Pathology
• Veterinary Science

PTE has been very popular recently as the structure is easier to follow and it is often suggested that applicants are able to achieve a better result. It is also popular for its fast turnover time. The PTE score can be available within five business days.

As a handy reminder, the table below sets out the English score required for a 457 visa application for the various tests.

English test	Minimum band score	Minimum scores for English test components
		Listening	Reading	Speaking	Writing
IELTS test	Overall band score 5.0	4.5	4.5	4.5	4.5
OET	-	B	B	B	B
TOEFL iBT	Total band score 36	3	3	12	12
PTE	Overall band score 36	30	30	30	30
CAE	Overall band score 154	147	147	147	147

Remember that the English requirements differ for permanent visa applications, Please contact us to discuss the English requirements if you are thinking of applying for a temporary or permanent visa.

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