AMVL News Flash

High Court rules in favour of offshore processing

Wednesday, February 03, 2016
The High Court of Australia has found offshore processing of asylum seekers constitutionally valid. As a result, babies born to Asylum seeker parents on Australian soil will be sent to Nauru.

More from the Sydney Morning Herald:

The 6-1 majority decision clears the way for the government to return about 250 asylum seekers in Australia, including 37 babies, to Nauru.

Prime Minister Malcolm Turnbull has been under pressure to allow child asylum seekers to stay in Australia regardless of the court's decision.

In question time on Wednesday, Mr Turnbull said the nation's borders were secure, adding "the line has to be drawn somewhere and it is drawn at our border".

He said the High Court upheld Australia's border regime as legally and constitutionally valid, and claimed Labor's "experiments" with softer border protection led to 50,000 unauthorised boat arrivals and "hundreds drowned at sea".

Following the verdict Human Rights Law Centre legal advocacy director Daniel Webb, whose organisation brought the case to court, said "legality is one thing. The morality is another."

To read the full article at the Sydney Morning Herald, please click here.

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Entrepreneur Visa

Thursday, December 10, 2015
Prime Minister Malcolm Turnbull recently announced a $1.1 billion investment over 4 years under a new innovation policy. 

One of the 20 measures under this policy is that an “Entrepreneur Visa” will be introduced with the intent of boosting jobs and economic growth. This visa would provide a pathway to permanent residency for migrants who start a successful business and have the financial backing from a third party to prove the business is viable. This visa will make it easier for postgraduate researchers with qualifications in science, technology, engineering, mathematics and information technology. 

According to the National Innovation and Science Agenda documents, the changes would “better target and attract the expertise and ideas of foreign workers, innovators and entrepreneurs to boost Australia’s innovative capacity”.

It is still early days yet, as this scheme is not due to come into effect until late 2016. 

To read more, click here.

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Changes to 457 visa requirements

Friday, November 20, 2015
Recently there have been a number of amendments to clarify the requirements of the Subclass 457 visa. 

Terms and conditions no less favourable - include enterprise agreements
The requirement that the terms and conditions of employment of a person identified in a nomination will be no less favourable than those of Australian citizens or permanent residents, has now been amended to include the terms and conditions provided by an enterprise agreement under the Fair Work Act 2009. 

Any nominations lodged on or after 1 December 2015 will need to ensure that if an enterprise agreement is in place for the nominated occupation within the company, that they adhere to these terms and conditions. 

Labour Market Testing
Unless the Department of Immigration is satisfied that genuine labour market testing has been undertaken, they will not approve a work agreement (labour agreement). This does not apply to Minister of Religion or Religious Assistant.

Condition 8107 - Commencement of work on 457 visa
The holder of a 457 visa must commence work within 90 days after arriving in Australia or within 90 days after being granted the visa, if onshore at the time of grant. Otherwise, the visa is liable for cancellation. 

Condition 8107 - Mandatory licencing, registration or membership 
457 visa holders nominated for an occupation that is subject to mandatory licencing, registration or membership in the location they are employed, must hold the relevant licence, registration or membership while performing the occupation. 

The visa holder must obtain the licence, registration or membership within 90 days of arrival in Australia if the visa was granted offshore or within 90 days of the visa grant if granted onshore.

If the licence, registration or membership is refused, revoked, or ceased, the 457 visa holder must notify the Department of Immigration in writing as soon as possible.  

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