485 Visa – TRA - no more PSA expedition requests

The Subclass 485 Temporary Graduate visa, Graduate Work stream, requires proof with the application of having applied for a Provisional Skills Assessment (PSA) for one of the occupations in the SOL list as well as having obtained a positive assessment by the time of decision.


It appears that TRA has received a large number of requests to expedite Provisional Skills Assessment applications recently  from applicants who have been asked by the Department of Immigration and Border Protection (DIBP) to produce a successful skills assessment to support their Temporary Graduate Visa (subclass 485) application.


TRA has attempted to grant an expedition where reasonable, however, the volume of requests has resulted in unfair processing delays for other applicants in the queue and therefore TRA will no longer accept PSA expedition requests from applicants who chose to lodge a Temporary Graduate Visa (subclass 485) application with the DIBP prior to receiving a successful skills assessment. A decision to expedite a PSA application for any other reason is at the absolute discretion of TRA.


It is therefore advisable to contact the relevant assessing authority well before applying for a subclass 485 visa as each assessing authority has its own assessment procedures, timeframes and charges. See http://www.border.gov.au/Trav/Visa-1/485-#

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Australian Student visa changes - 1 July 2016

From 1 July 2016 iAustralian Immigration will ntroduce a simplified international student visa framework.

The new framework will:

• only consist of two student visa subclasses: Subclass 500 (Student) and Subclass 590 (Student Guardian)
• streamline application and processing requirements for student visa applicants, with common criteria and genuineness of application for entry and stay as a student
• simplify range of requirements including enrolment, financial and other requirements relating to visas previously held if the application is made in Australia
• the current regulatory assessment level framework and streamlined processing provisions will be repealed and new requirements introduced to strengthen the integrity of the programme, by providing a larger range of factors for decision makers to assess genuineness and the need for individuals to provide evidence of financial and English proficiency
• clarify for student visa holders the conditions on the courses they are permitted to undertake and when a change of course would require them to apply for a new student visa
• make other amendments to repeal duplicate and redundant provisions and clarify the operation of the relevant provisions.

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High Court grants injunction to prevent asylum seeker abortion

The High Court has granted an urgent injunction preventing an abortion being carried out on an asylum seeker from Nauru.

Lawyers for the woman said she had asked for a termination in Australia.


But the court heard that late yesterday, without any notice, she was flown to Papua New Guinea for the procedure.


Her barrister, Ron Merkel, said the actions gave rise to several concerns including questions about the legality of an abortion in Papua New Guinea.


"Not only is her health at risk but she runs a serious risk of committing a criminal offence," he said.


Lawyers for the Commonwealth told the court they opposed the relief, saying it was unnecessary and inappropriate.


The court heard arrangements had been made to ensure all appointments for the woman had been suspended for the time being.


The court was assured there was no immediate issue about the woman undergoing any procedures in Papua New Guinea.


Commonwealth representatives also told the court the woman was not in detention in Nauru but was a refugee on a temporary settlement visa.


That gave rise to questions about whether the woman was in custody and whether she was owed a duty of care by Australian authorities, which was part of the wider case.


Justice Patrick Keane said given the urgency and gravity of the situation for the woman and the fact there appeared to be an arguable case, he would the grant the injunction.


He ordered no steps be taken to bring about the termination or remove the woman from Papua New Guinea to anywhere but Australia.


Justice Keane also noted the issues raised in the case were not to do with the Immigration Act but rather were questions about duty of care.


The parties have agreed the case should be remitted to the Federal Court.


SOURCE: ABC News online

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Working holiday visas – what work is possible?

There are two types of working holiday visas – the working holiday (subclass 417), and the work and holiday (subclass 462). The main purpose of these visas is to allow younger persons the opportunity to visit Australia for up to 12 months. Visa holders are granted employment rights but limited to a maximum period of six months with any one employer unless specific permission is obtained to work longer.

Australia has reciprocal rights with a number of other countries which offer similar types of visas to Australians wishing to travel overseas to experience cultural differences.

The six-month work limitation applies to full-time, part-time, casual, shift and voluntary work. Any breach of this condition will mean that the visa is liable for cancellation, and it is therefore most important that persons who hold these visas are aware of the conditions and observe them stringently.

The ‘employer’ is the business or organisation which the individual works for directly. Many people mistakenly believe that they can continue working for the same employer if they use different employment agencies, business affiliates or subcontracting arrangements, however this is not the case. It is permitted however for an individual to be referred to different businesses by an employment agency or labour supplier.

It frequently occurs that a person on a working holiday visa may be offered permanent employment by the business that they are working for. This means they will have to transfer to another visa class – the most common being the 457 Visa. If the initial six month employment period under the working holiday visa is likely to expire while the new visa application is under processing, it is necessary to make application to the Department for permission to continue working with that employer from the date the six-month period expires. If this permission is not sought and obtained there is the possibility of cancellation action which would then have an impact on the work visa application.

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Medical Practitioner - You may be exempt to apply for a Skills Assessment if you hold a full and unconditional or general medical registration

It is a general requirement that any applicants who wish to apply under the occupation ‘Medical Practitioner’ will be required to provide an evidence of skills assessment.


However due to recent changes, the Department of Immigration and Border Protection is now accepting evidence of your full medical registration as evidence of a skills assessment.


Based on the current legislation, the definition of a ‘Full, unconditional or general medical registration’ will only be issued to the following two scenarios:


Scenario 1 – Applicant studied in Australia:

• The applicant is a graduate of an Australian or New Zealand Australian Medical Council accredited medical school and have completed an approved period of intern training.
  

OR

Scenario 2 – Applicants studied outside of Australia:

• The applicant must have successfully  completed the Australian Medical Council examination – including both the multiple choice questionnaire and the clinical examination
• The applicant have been awarded the Australian Medical Council Certificate
• The applicant must have completed a period of supervised training approved by a State or Territory Medical Board.

The Department of Immigration and Border Protection will accept one of the following certificates issued by the State or Territory Medical Board or by the Medical Board of Australia (MBA) as evidence of full registration:

• A full, unconditional or general medical registration
• Conditional specialist registration – this registration allows you to practise only in your particular speciality, with no further training or supervision requirements.

Conditional Specialist registration

If the applicant is an overseas trained specialist and the primary medical qualifications are not recognised in Australia, you are required to apply through the Australian Medical Council or Specialist Medical College procedure to have your specialist training and qualification assessed. The assessment will determine if your training and qualifications are equivalent to the Australian training skilled level and standard to be eligible to enter the workforce.


Are you an overseas trained medical practitioner that wishes to migrate to Australia? We can assist you with your skills assessment and further visa options. Please contact one of our experienced staff today to arrange an initial consultation.

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Australian Immigration - Ministerial Intervention requests (visa applications)

The current Australian Minister for Immigration (Mr Peter Dutton MP) has confirmed that the following types of visa related matters may be finalised without further his assessment as he considers them inapprorpiate to consider:

• repeat requests where there is migration-related litigation that has not been finalised, unless the case has been referred to the department by a tribunal for the Minister's attention;
• where it may be open to a person to make a valid application for a Partner visa onshore, as prescribed under Regulation 2.12(1) where an application for a Partner visa onshore, as prescribed under Regulation 2.12(1), has subsequently been refused
• where there is another visa application concerning the person ongoing with the department or a review application in relation to a visa application ongoing with a review authority
• where there is an ongoing Ministerial intervention request under a different public interest power covered by these guidelines
• where there has been a remittal or set aside from a review authority or from a court and a subsequent decision has not yet been made by the department or review tribunal which were decided by MIRO and are now at the AAT (Migration and Refugee Division)
• where the request is made by a person who is not the subject of the request or their authorised representative; and
• where the request is made only in relation to Australia’s non-refoulement obligations, unless the person is excluded from the grant of a Protection visa (PV) or has had a substantive visa cancelled or refused on character grounds.

Generally, The Minster has indicated that these cases should not be brought to his attention and may be finalised without further assessment.

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