Permanent residency visa denied after an anonymous caller tips off immigration authorities

Immigration authorities have denied an Indian citizen a permanent residency visa after receiving a tip-off that the applicant had not lived in the regional area.

Mr Singh* arrived in Australia in 2007 on a student visa and in 2012 was granted a 487 visa which provides a pathway to permanent residency after living in a Specified Regional Area in Australia for at least two years and working full time for one year.

In July 2015, Mr Singh applied for an 887 permanent residency visa but a delegate of the then-titled Minister for Immigration and Border Protection refused to grant him the visa stating they were not satisfied Mr Singh had lived at two addresses in Wodonga between February 2013 to 2015, as he had claimed.

Mr Singh had provided immigration authorities with documentary evidence which included utility bills, mobile phone bills, taxation records, employment and superannuation records, rent agreement and bank statements spanning two years across two properties he claimed to have lived at.

But an anonymous informant told the department that Mr Singh was living and working illegally in Melbourne.

The department learnt through the anonymous informant that Mr Singh was not working for the nominating employer in the regional area and had in fact paid money to the employer in exchange for not notifying the immigration officials.

The department also learnt Mr Singh had taken a lease in the regional area but was living in Melbourne and worked night shifts as a security guard for cash.

A friend of Mr Singh who claimed to have lived with him and did the same thing (ie, claimed to live in a regional area while working in Melbourne) was deported by Immigration.
The department further corroborated these claims made by the informant and found Mr Singh had been charged with traffic offences at times and places that indicated that he was not residing in Wodonga.

Mr Singh took the matter to the Administrative Appeals Tribunal (AAT) of Australia which further found discrepancies in the payslips and bank records and late payment of superannuation.

The Tribunal also heard evidence of Mr Singh’s friend who was deported to India.

The Tribunal found licencing records held by Victorian police which demonstrated Mr Singh had applied to be licensed as a security guard in 2008, 2011, 2012 and again in 2015, where the registered address was a Melbourne address and the employer was an entity based in Melbourne.

The AAT upheld the department’s decision following which Mr Singh applied for a judicial review with the Federal Court of Australia.

The Federal Circuit Court of Australia accepted Mr Singh’s argument and observed the Tribunal had not arrived at its decision independently of the anonymous information.

The matter did not end here. The Minister for Immigration and Border Protection appealed this decision and it was allowed on Tuesday where The Court found that the anonymous information was accurate in respects that rendered critical aspects of Mr Singh’s evidence unable to be accepted.

The Court ordered the judgement and orders of the primary judge be set aside.

https://www.sbs.com.au/yourlanguage/hindi/en/article/2019/02/06/permanent-residency-visa-denied-after-anonymous-caller-tips-immigration?fbclid=IwAR3VsuiyxnuYYtK98SUh8jXVJRLJkKwld21aNdqnVfFVETt7v_qK8OWADQk

 

 

 

Migrants face deportation if they move, under population control visas

Migrants will have their visas cancelled if they leave designated areas under one of the first stages of the government’s $19 million population package.

The policy, first flagged by The Sydney Morning Herald and The Age in August, will see regional councils empowered to sponsor workers.
Immigration Minister David Coleman has directed the department to send out officers to negotiate agreements with specific areas including Cairns in Queensland and Arana in western NSW.

“The visa will require people to work in that area,” he said. “You can’t just go and work somewhere else.”

He said if workers sought to move they would have to seek another visa.
“To be frank it would be unlikely they would obtain it and they would not be able to obtain permanent residency.

“It is about encouraging people to areas that have persistent problems in attracting people,” he said.

State governments are pushing back against a federal request for more information on their population growth and urban planning in a dispute over the money needed to stop congestion.

The Morrison government put the idea to state treasurers today but is struggling to get approval out of concern the changes could lead to more attempts by Canberra to tell states and territories where to house more people.

Queensland Treasurer Jackie Trad blasted the federal government for setting up the meeting without a clear idea of what the future intake would be and without offering enough information about why it wanted the state data.
“There was such a lack of intellectual rigour around the discussion today, I found it not a very practical use of time,” Ms Trad said after the meeting.

Victorian Treasurer Tim Pallas said the federal government was only an “interested dilettante” on the question of how to accommodate a growing population when it did not fund enough infrastructure.

Mr Pallas said the meeting raised questions about the “carrying capacity” of each state when the answer depended in part on the Commonwealth’s ability to fund new road and rail projects to accommodate more people.

“This reinforced the fact that we can’t have a discussion about migration in isolation. The Commonwealth needs to back up its interest in the area with a commitment to help fund infrastructure in the states,” Mr Pallas said after the meeting.
trol visas
By David Crowe and Eryk Bagshaw
February 8, 2019 — 7.50pm
Migrants will have their visas cancelled if they leave designated areas under one of the first stages of the government’s $19 million population package.

The policy, first flagged by The Sydney Morning Herald and The Age in August, will see regional councils empowered to sponsor workers.

The Morrison government has put the idea to state treasurers but is struggling to get approval.
The Morrison government has put the idea to state treasurers but is struggling to get approval.

Photo: John Veage
Immigration Minister David Coleman has directed the department to send out officers to negotiate agreements with specific areas including Cairns in Queensland and Arana in western NSW.

“The visa will require people to work in that area,” he said. “You can’t just go and work somewhere else.”

He said if workers sought to move they would have to seek another visa.

“To be frank it would be unlikely they would obtain it and they would not be able to obtain permanent residency.

“It is about encouraging people to areas that have persistent problems in attracting people,” he said.

State governments are pushing back against a federal request for more information on their population growth and urban planning in a dispute over the money needed to stop congestion.

The Morrison government put the idea to state treasurers today but is struggling to get approval out of concern the changes could lead to more attempts by Canberra to tell states and territories where to house more people.

Queensland Treasurer Jackie Trad blasted the federal government for setting up the meeting without a clear idea of what the future intake would be and without offering enough information about why it wanted the state data.

State treasurers meet with federal Treasurer Josh Frydenberg on population growth on Friday.
State treasurers meet with federal Treasurer Josh Frydenberg on population growth on Friday.

Photo: AAP
“There was such a lack of intellectual rigour around the discussion today, I found it not a very practical use of time,” Ms Trad said after the meeting.

Victorian Treasurer Tim Pallas said the federal government was only an “interested dilettante” on the question of how to accommodate a growing population when it did not fund enough infrastructure.

Mr Pallas said the meeting raised questions about the “carrying capacity” of each state when the answer depended in part on the Commonwealth’s ability to fund new road and rail projects to accommodate more people.

“This reinforced the fact that we can’t have a discussion about migration in isolation. The Commonwealth needs to back up its interest in the area with a commitment to help fund infrastructure in the states,” Mr Pallas said after the meeting.

Mr Pallas said the Victorian government was spending $13.9 billion on infrastructure across the state this year while the Commonwealth was only contributing less than $1 billion.

The meeting agreed to set up a working group on data sharing and a working group on regional migration needs, but there were conflicting views on the purpose of gathering the data.

One federal source said the data from the states would only be used to make more reliable projections on population growth and would not be gathered at the level of individual workers or taxpayers.

But Ms Trad said the states were only given a paper setting out the objectives on Wednesday night and this was not enough time for a considered discussion.

“We’ve got to make serious infrastructure investment decisions over the next two decades to support the growth in Queensland,” she said.
“All of the documents to support that are publicly available. It’s almost like the Commonwealth is blind to the work the states have done on this.”

The meeting in Canberra on Friday was another step toward deciding the federal government’s official cap on the permanent migration intake after Prime Minister Scott Morrison declared last year he wanted the cap of 190,000 places reduced to the practical level achieved last year, which was 162,000 places.

Treasurer Josh Frydenberg said the immigration intake would continue to be strong and Cities Minister Alan Tudge said the government plans would help encourage more migrants to the regions.

Victorian premier Daniel Andrews said last year he saw no case to slow the migration intake but NSW premier Gladys Berejiklian is urging a cut in the number of people coming to her state.

The reduction in the cap does not translate directly to the number of people in the country, given that overseas students and skilled foreign workers continue to arrive but are not counted in the permanent intake unless they are granted residency.
Mr Coleman said 70 per cent of migrants were skilled workers who added value to the economy.

“Migrants who are higher skilled and younger tend to be very valuable,” he said on Friday after the meeting with the states.

https://amp.smh.com.au/politics/federal/migrants-face-deportation-if-they-move-under-population-control-visas-20190208-p50wkz.html?fbclid=IwAR0XB8QfVnNrD3hiYVHPXTWNnQIjbQgTjBnElY0O8C4jqj2aaTbSdEZBtzE

Migrant visas fast-tracked for regional Australia in $19 million plan

Skilled migrants will have their visa applications accelerated if they move to regional Australia under a $19.4 million plan.

Immigration Minister David Coleman on Friday announced the initiative as state and territory treasurers met in Canberra to discuss population growth and congestion issues.
The money will be used over four years and Department of Home Affairs officials will travel to regional areas to help local businesses get more skilled workers.

Under the plan, there will be priority processing for visas sponsored by employers in regional areas, as well as agreements where local councils are able to recruit workers from overseas.
“Our officers will be on the ground to discuss regional migration opportunities with regional employers and communities, and also to hear first hand the local labour issues they face,” Mr Coleman said.

Prime Minister Scott Morrison has previously flagged migrants could be asked to spend five years in a regional area if they want permanent residency.

Mr Morrison has also flagged cuts to Australia’s annual migration intake to ease congestion in major cities.

Treasurers talk population growth
Treasurer Josh Frydenberg met with the treasurers in Canberra on Friday morning to discuss how the nation can share responsibility for population change, with a particular focus on easing congestion with infrastructure.

“Two-thirds of new immigrants are going to our capital cities, in particular Sydney, Melbourne and in southeast Queensland,” Mr Frydenberg said.

“This is creating pressures on infrastructure, not only on our roads but also on our public transport, creating pressures on health, on education and other essential services.”
“We need to send people where the jobs are and we need to cooperate across state and territories.”

Australia’s permanent migration number is capped at 190,000 people each year but has only reached about 160,000 over the past few years, Mr Frydenberg added.

But the Treasurer was coy on whether he thinks the migration cap should be lowered.

“Well let’s look year by year as to what are the needs across the community, but certainly there are population pressures that are contributing to congestion in our major cities,” he said.

Mr Frydenberg conceded Australia hasn’t planned well for the future, as the population reached 25 million people earlier than expected.

https://www.sbs.com.au/news/migrant-visas-fast-tracked-for-regional-australia-in-19-million-plan?fbclid=IwAR34J41oesfR54GS50QMEcIvqMaPa7JZ5KvnZ3gcCJy2HRGZ3So5x43xZ-Q

Regional migration

Australia has a number of visa options to help fill jobs in regional Australia where Australian workers are not available. Locations in Australia eligible for regional visas include most of Australia outside major capital cities.

If you want to visit, live or work in regional Australia, you can access concessions to standard visa criteria.

If your business is in regional Australia, you can sponsor a migrant using regional concessions. Visa options include unskilled and skilled visas.

If your community needs specific skills to fill job vacancies in your region, then migration agreements may be for you.

Queensland closes skilled migration for 2018-19

Queensland has closed its state nomination program for 2018-19.

The state’s official migration website, Business and Skilled Migration Queensland (BMSQ) says the state has now closed state nomination for all business and skilled visas (submitted through SkillSelect) from 8 February 2019.

“No further invitations will be issued from this date. BSMQ will continue to process applications which have been already invited for state nomination prior to this date until our quota is exhausted.”
The program will reopen in the new financial year which begins on July 1st, 2019.

“BSMQ will re-open the State Nomination Program in the new financial year. Please submit a new EOI after the new occupation lists have been released in July. We will not select any submitted EOI’s prior to this time”, the website said.

Queensland runs the skilled nominated migration (190) program in order to attract highly skilled people in a range of occupations to contribute to NSW skills needs.

According to the state’s website, “This is a point-tested visa for skilled workers and postgraduate alumni who wish to live and work in Queensland permanently. The Queensland postgraduate degree stream offers streamlined conditions for Masters and PhD graduates from a Queensland-based university.”
Another program, Skilled Nominated (Provisional) visa (subclass 489), is a 4-year point-tested visa “which leads to permanent residency and requires nominated skilled workers to be employed and live in regional Queensland.

https://www.sbs.com.au/yourlanguage/hindi/en/article/2019/02/11/queensland-closes-skilled-migration-2018-19?fbclid=IwAR2IijIJ5VMDcw_HVyzTWFv0CuLvJp6Fu7I4re90Vwi52V07G52oafZLB48

CHANGES TO TRADE SKILLS ASSESSMENTS

CHANGES TO TRADE SKILLS ASSESSMENTS

Trades Recognition Australia (TRA) has announced changes to the Trade Skills Assessment programs for TSS, OSAP and TRS. The following changes apply to all applications received from 1st March 2019.
1. Changes to the employment and training requirements for Pathway 1 assessments
The amount of verifiable employment evidence a Pathway 1 applicant must submit for their nominated occupation has been changed as follows:
• Licensed trade with no formal training – six years work experience
• Licensed trade with formal training – four years work experience
• Non-licensed trade with no formal training – five years work experience
• Non-licensed trade with formal training – three years work experience.

Additionally, all applicants must have completed at least 12 months of employment in their nominated occupation in the three years prior to lodging their application.
*TRA has defined ‘formal training’ as training that aligns with the national training standards in the applicant’s country of training.

Blitz on AAT visa appeals boom

The government plans to overhaul the Administrative Appeals ­Tribunal to slash its bureaucracy and deal with the boom in ­migration and refugee challenges, which last year grew 43 per cent.

https://amp.theaustralian.com.au/national-affairs/immigration/blitz-on-aat-visa-appeals-boom/news-story/46bbdba087a7dd65820a2bcc0b9cb58f?fbclid=IwAR2Jhmz8octGndCE5j3BQ6uCJF2V6xGDAkVuSzoytA2Hcivow0yG0Xu6VSQ

The FOI report shows the number of TSS nominations that have been refused or withdrawn

AUSTRALIA 2070 NOMINATION FOR 482 VISA REFUSED PLUS 257 NOMINATION WITHDRAWN BETWEEN 14TH AUGUST 2018 TO 31ST DECEMBER 2018 UNDER STANDARD BUSINESS SPONSORSHIP PROGRAM BUT COLLECTED $ 7 MILLION AS LEVY FROM EMPLOYERS UNDER SKILLING AUSTRALIAN FUND WHICH IS NOT REFUNDABLE

The FOI report shows the number of TSS nominations that have been refused or withdrawn under a standard business sponsorship between 14 August 2018 and 31 December 2018, with a shocking 2324 failed applications over a 4-month period.

A recent Freedom of Information (FOI) report obtained by a colleague in NSW and shared by our peak membership association, the Migration Institute of Australia, implies a staggering $7 million dollars has potentially been taken by the Australian Government for Temporary Skills Shortage (TSS) nomination applications that went nowhere.

The FOI report shows the number of TSS nominations that have been refused or withdrawn under a standard business sponsorship between 14 August 2018 and 31 December 2018, with a shocking 2324 failed applications over a 4-month period.

This money has been generated via the Skilling Australians Fund (SAF) levy, a fee payable per applicant, per year of nomination, with an amount based on the turnover of the company (under or over $10 million per annum). Payments into the SAF are intended to be used to fund apprenticeships and traineeships in the vocational education sector in order to ‘boost the number of people who choose and succeed in this pathway and help address skills shortages across Australia’1

The SAF – payable up-front and in full at the time of lodgement – is not refunded if the TSS Nomination application is refused or withdrawn. In fact, there is no legislative ability to even apply for a refund on this basis!

Representatives of our peak membership association, the Migration Institute of Australia, have been canvassing politicians on the subject of SAF payments and refunds – even going directly to Canberra to raise the issues – but there have been no reports on what has been discussed or decided.

It is surprising that business groups do not appear to be complaining about this money-raising exercise, as many of these applications would have been lodged by businesses themselves.

The moral of the story? It is crucial to ensure that your TSS Nomination application is accurate, compliant, and complete. Not only could your business miss out on skilled workers to meet your needs, you could also incur losses of thousands of dollars that cannot be recovered.

Small (annual turnover less than $10 million) AUD1200 per year or part thereof AUD3000 one-off
Other business (annual turnover of $10 million or more) AUD1800 per year or part thereof AUD5000 one-off

Health Workforce Certificate – a new requirement for employer sponsored visas

Health Workforce Certificate – a new requirement for employer sponsored visas
Visas for General Practitioners: Health Workforce Certificate – a new requirement for employer sponsored visas commenced on 11 March 2019.

New requirements for employers sponsoring overseas doctors to work in Australia will commence on 11 March 2019. When employers lodge employer nomination applications for a Temporary Skill Shortage (TSS) Visa, Employer Nomination Scheme (ENS) visas or Regional Sponsored Migration Scheme (RSMS) visa for an overseas trained doctor (OTD) in any of the occupations listed below, they must ensure the application includes a Health Workforce Certificate issued by a Rural Workforce Agency.

Occupations nominated in visa applications:
General Practitioner (ANZSCO 253111),
Resident Medical Officer (ANZSCO 253112); and
Medical Practitioner not elsewhere classified (ANZSCO 253999) occupation.

The certificate will only be provided where the advertised position responds to genuine workforce need. Without the certificate the nomination cannot be accepted by The Department of Home Affairs and the related visa cannot be granted.

For information how to obtain a Health Workforce Certificate go to:
Fact Sheets (PDF 199 KB)

Forms – Request an application form for a Health Workforce Certificate from visasforgps@hrplustas.com.au

The Department of Home Affairs

http://www.doctorconnect.gov.au/internet/otd/publishing.nsf/Content/visas_for_GPs?fbclid=IwAR1VO_yAD_BI0s352vd-yCF3SGQ1eqyoaz9yV-larg0TvjnNNnKkOADK0DY

Changes to Skilled Occupation Lists Added to MLTSSL

Changes to Skilled Occupation Lists
Added to MLTSSL

Applicable Instruments: LIN 19/047; LIN 19/048; LIN 19/049; LIN 19/051

Telecommunications network planner (ANZSCO code 313213)
Pressure welder (ANZSCO code 322312)
Environmental Manager (ANZSCO code 139912)
Musician (Instrumental) (ANZSCO code 211213)
Statistician (ANZSCO code 224113)
Economist (ANZSCO code 224311)
Mining Engineer (excluding Petroleum) (ANZSCO code 233611)
Petroleum Engineer (ANZSCO code 233612)
Engineering Professionals nec (ANZSCO code 233999)
Chemist (ANZSCO code 234211)
Food Technologist (ANZSCO code 234212)
Environmental Consultant (ANZSCO code 234312)
Environmental Research Scientist (ANZSCO code 234313)
Environmental Scientists nec (ANZSCO code 234399)
Geophysicist (ANZSCO code 234412)
Hydrogeologist (ANZSCO code 234413)
Life Scientist (General) (ANZSCO code 234511)
Biochemist (ANZSCO code 234513)
Biotechnologist (ANZSCO code 234514)
Botanist (ANZSCO code 234515)
Marine Biologist (ANZSCO code 234516)
Microbiologist (ANZSCO code 234517)
Zoologist (ANZSCO code 234518)
Life Scientists nec (ANZSCO code 234599)
Conservator (ANZSCO code 234911)
Metallurgist (ANZSCO code 234912)
Meteorologist (ANZSCO code 234913)
Natural and Physical Science Professionals nec (ANZSCO code 234999)
University Lecturer (ANZSCO code 242111)
Multimedia Specialist (ANZSCO code 261211)
Software and Applications Programmers nec (ANZSCO code 261399)
Horse Trainer (ANZSCO code 361112)
Physicist – no longer restricted to medical physicist
Added to STSOL

Applicable Instrument LIN 19/048

visual arts and crafts professionals (nec) (ANZSCO code 211499)
textile, clothing and footwear mechanic (ANZSCO code 323215)
watch and clock maker and repairer (ANZSCO code 323316)
chemical plant operator (ANZSCO code 399211)
library technician (ANZSCO code 399312)
Moved from STSOL to MLTSSL

Applicable Instruments – LIN 19/047; LIN 19/048; LIN 19/049; LIN 19/050

arts administrator or manager (ANZSCO code 139911)
dancer or choreographer (ANZSCO code 211112)
music director (ANZSCO code 211212)
artistic director (ANZSCO code 212111)
tennis coach (ANZSCO code 452316)
footballer (ANZSCO code 452411)
Removed from STSOL

Applicable Instrument LIN 19/050

Visual Arts and Crafts Professionals (ANZSCO code 211499)
Textile, Clothing and Footwear Mechanic (ANZSCO code 323215)
Watch and Clock Maker and Repairer (ANZSCO code 323316)
Chemical Plant Operator (ANZSCO code 399211)
Library Technician (ANZSCO code 399312)
Arts Administrator or Manager (ANZSCO code 139911)
Dancer or Choreographer (ANZSCO code 211112)
Music Director (ANZSCO code 211212)
Artistic Director (ANZSCO code 212111)
Footballer (ANZSCO code 452411)
Aquaculture Farmer (ANZSCO code 121111)
Cotton Grower (ANZSCO code 121211)
Fruit or Nut Grower (ANZSCO code 121213)
Grain, Oilseed or Pasture Grower (ANZSCO code 121214)
Mixed Crop Farmer (ANZSCO code 121216)
Sugar Cane Grower (ANZSCO code 121217)
Crop Farmers nec (ANZSCO code 121299)
Beef Cattle Farmer (ANZSCO code 121312)
Dairy Cattle Farmer (ANZSCO code 121313)
Mixed Livestock Farmer (ANZSCO code 121317)
Pig Farmer (ANZSCO code 121318)
Sheep Farmer (ANZSCO code 121322)
Livestock Farmers nec (ANZSCO code 121399)
Mixed Crop and Livestock Farmer (ANZSCO code 121411)
Dentist (ANZSCO code 252312)
Anaesthetist (ANZSCO code 253211)
Tennis Coach (ANZSCO code 4542316)
Added to Regional Occupation List

Applicable Instrument LIN 19/048

deer farmer (ANZSCO code 121314)
goat farmer (ANZSCO code 121315)
Added to Regional Occupation List, removed from STSOL

Applicable Instruments: LIN 19/048;

aquaculture farmer (ANZSCO code 121111)
cotton grower (ANZSCO code 121211)
fruit or nut grower (ANZSCO code 121213)
grain, oilseed or pasture grower (Aus) / field crop grower (NZ) (ANZSCO code 121214)
mixed crop farmer (ANZSCO code 121216)
sugar cane grower (ANZSCO code 121217)
crop farmers (nec) (ANZSCO code 121299)
beef cattle farmer (ANZSCO code 121312)
dairy cattle farmer (ANZSCO code 121313)
mixed livestock farmer (ANZSCO code 121317)
pig farmer (ANZSCO code 121318)
sheep farmer (ANZSCO code 121322)
livestock farmers (nec) (ANZSCO code 121399)
mixed crop and livestock farmer (ANZSCO code 121411)
dentist (ANZSCO code 252312)
anaesthetist (ANZSCO code 253211)
Removed from Regional Occupation List moved to MLTSSL

Applicable Instruments: LIN 19/047; LIN 19/049

arts administrator or manager (ANZSCO code 139911)
dancer or choreographer (ANZSCO code 211112)
music director (ANZSCO code 211212)
artistic director (ANZSCO code 212111)
tennis coach (ANZSCO code 452316)
footballer (ANZSCO code 452411)
telecommunications network planner (ANZSCO code 313213)
pressure welder (ANZSCO code 322312)
Occupations with added conditions

Applicable Instruments: LIN 19/047 (SC 187); LIN 19/048 (SC 482); LIN 19/049 (SC 186)

The following medical practitioner occupations now require a Health Workforce Certificate for the position and occupation to be presented with the nomination application

general practitioner (ANZSCO code 253111)
medical practitioners (nec) (ANZSCO code 253999)
resident medical officer (ANZSCO code 253112)
Applicability conditions added/changed

Condition 25

imposes a minimum salary of $120,000 pa for footballers
replaces Condition 23 for ship’s masters and gas or petroleum operators
Condition 26

replaces Conditions 23 for recruitment consultants on the STSOL and reduces the annual salary required to $80,000