Employment Workplace Relations

Director, Philip Brewin is a specialist in Workplace Relations and heads our Workplace Relations Work Group.

Sunday, 30 August 2015

Reciprocal Health Care Agreements (RHCA)

The Australian Government has signed Reciprocal Health Care Agreements (RHCA) with the United Kingdom, the Republic of Ireland, New Zealand, Sweden, the Netherlands, Finland, Belgium, Norway, Slovenia, Malta and Italy. If you hold a passport from one of these countries these agreements entitle you to some subsidised health services for essential medical treatment while visiting Australia. If you applied for, or received a Subclass Visa 410 (Retiree Visa) before 1 December 1998, you may be able to access Medicare under the Reciprocal...

Visa refusal / cancellation

Where the decision to refuse or cancel a visa is made by the Minister personally, the person has no right of appeal to the Administrative Appeals Tribunal (AAT). If a delegate of the Minister either refuses or cancels a person's visa and the person is in Australia they will have a right to have the decision reviewed by the AAT. If they are not in Australia, they may also have a right to have the decision reviewed, for example, if they have either a sponsor or nominator in Australia. However, if a person's visa is mandatorily cancelled because...

The Character Requirement (Australian visas)

The Character Requirement ​Everyone who wants to enter or stay in Australia must satisfy the character requirement as set out in Section 501 of the Migration Act 1958 (the Act). This includes all non-citizens, sponsors of visa applicants and non-migrating family members seeking to enter or stay in Australia. Visa holders must also continue to satisfy the character requirement. Irrespective of which visa you apply for, you must advise Australian Immigration if you have any criminal convictions inside...

Monday, 24 August 2015

Australian visas - Appeals and Reviews

If your visa application is unsuccessful, it is usually possible to apply to have the decision reviewed. There are two major avenues through which to apply for review: The Tribunals The Minister for Immigration. Our experience and services As legal professionals, we are called on to represent applicants or companies in cases where: Applications have been unsuccessful Immigration department officials have taken action or are about to take action which is improper or beyond their power Visas have been cancelled How Nevett...

Sunday, 16 August 2015

Visa Entitlement Verification Online (VEVO)

VEVO stands for Visa Entitlement Verification Online. It is an online system that stores visa information of persons holding Australian visas. VEVO may be used by both visa holders and Australian organisations, such as employers, to check the details and entitlements of a visa. Visa Holders Registering in VEVO as a visa holder has many benefits: You do not need a visa label in your passport; You can check your visa details anytime you have internet access; You can check the progress of a visa or citizenship application online; and...

Australian permanent residence

Australian migrants are residents of Australia that hold migrant or permanent resident visas and may remain in Australia indefinitely. While migrants are not citizens, they do have the option to become citizens after meeting the residency requirement. There are several ways to immigrate to Australia - through family, employment, refugee or humanitarian status.Australian migrant visas are issued in increments of five years, subject to renewal. As long as your visa is valid, you may enter and leave Australia freely. Other benefits of permanent...

Monday, 10 August 2015

Australian passports

The Australian Passports (Application Fees) Determination 2015 - F2015L01222 specifies the fees for Australian passport applications, certificates and documents of identity, travel, provisional travel documents and convention travel documents.  The application costs vary according to various criteria, including: adult, child, age (over 75) length of validity regular or frequent traveller version priority and emergency processing requirement The new pricing will commence from 1...

ATO data matching - Visa holders, Sponsors and Registered Migration Agents

The Commissioner for Taxation has gazetted a Notice of a Data Matching Program for visa holders.  Gazette Notice of Data Matching Program - Immigration Visa Holders Gazette - C2015G01255  will allow the ATO to acquire the names, addresses and other details of visa holders, their sponsors and their migration agents for the 2013-14, 2014-15, 2015-16 and 2016-17 financial years from the Department. Information will be collected from an estimated 1 million visa holders and include: Address history...

Update on Lee case: Subclass 457 review rights restored

A decision by Justice Street in Kandel v Minister for Immigration [2015] FCCA 2013 the Federal Circuit Court in Sydney last Friday has brought some resolution to the problems arising from the Lee case. The Lee case resulted in the Migration Review Tribunal (MRT) deciding it did not have jurisdiction to review a Subclass 457 visa application refusal if an approved nomination was not in force when the review application was lodged. Justice Street’s decision is that the Administrative Appeals Tribunal (AAT) does have jurisdiction...

APEC Business Travel Card - 5 year validity

The validity of APEC Business Travel Cards (ABTC) will be extended to five years for applications lodged on or after 1 September 2015.   The ABTC will now offer bona fide business people a five year, short stay, multiple entry visa to other participating member economies and priority lane access at major airports...