Welcome to our August 2024 update on Australian immigration. In this blog, we’ll be discussing the recent changes in the immigration landscape, including a new Minister for Home Affairs and Immigration, a new visa for individuals facing exploitation in their workplace, updates on state nominations for the 190 and 491 visas, 482 visa changes and more.

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Change in Minister for Immigration and Home Affairs

In a recent reshuffle of the Federal Cabinet, Prime Minister Anthony Albanese appointed Tony Burke as the new Minister for Home Affairs and Immigration.

This change consolidates responsibilities previously held by Claire O’Neill and Andrew Giles, potentially leading to streamlined decision-making in immigration matters. With this new leadership, questions arise about how the proposed Migration Strategy reforms, including the Skills in Demand Visa and the National Innovation Visa, will be implemented.

We’ll have to stay tuned to see how these key reforms progress.

Introduction of the Workplace Justice Visa

A significant development in Australian immigration is the introduction of the Workplace Justice Visa (subclass 408). This visa aims to protect migrant workers who have experienced exploitation in their workplaces. The visa allows these individuals to remain in Australia for 6 to 12 months while their claims of exploitation are investigated.

There is no application fee for the Workplace Justice Visa.

This visa is available to anyone holding a temporary visa with work rights who has experienced workplace exploitation in Australia.

To apply, you must obtain certification of your claim from a participating government agency or an accredited third party, such as the Fair Work Ombudsman.

Here you can read more about the Workplace Justice Visa.

States Open for 190 and 491 Visa Expressions of Interest (EOI)

The states and territories, including the ACT, Northern Territory, Western Australia, South Australia, Victoria and Tasmania have already opened their 2024-2025 state nomination programs for the 190 and 491 visas. Other states are expected to open soon.

This year, there has been a substantial increase in visa allocations.

The 190 visa saw an increase from 10,300 to 16,500 places, a 60% rise. Similarly, the 491 visa numbers have grown by 53%, from 6,400 to 9,760 places.

This is great news for prospective migrants looking to secure a nomination.

If you need to do your EOI or Registration of Interest (ROI), please contact us. We will be happy to assist you.

If you are unable to secure a state nomination, employer-sponsored visas such as the 482, 494, or 186 visas may be viable alternatives.

Visa Appeals and the New Administrative Review Tribunal (ART)

Starting 14 October 2024, the Administrative Review Tribunal (ART) will replace the Administrative Appeals Tribunal (AAT) as part of the Albanese Government’s reforms.

If you have an ongoing appeal with the AAT, there is no need to worry; all existing matters will automatically transition to the ART, and re-applications is not required.

Australia’s Largest University: Adelaide University

With the merger of the University of Adelaide and the University of South Australia, Adelaide University has become the largest university in Australia.

Adelaide University will offer around 200 coursework programs aimed at attracting international students, with admissions starting ahead of the official opening in 2026.

This development is expected to significantly boost Australia’s education sector.

If you’re considering studying in Australia, feel free to contact us. 

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Changes to the 482 Visa

From 23 November 2024, the Temporary Skill Shortage (TSS) 482 visa will require only one year of full-time work experience, down from the current requirement of two years.

This change is expected to benefit many visa applicants, particularly those already in Australia on graduate visas.

New Work Conditions for 482 and 494 Visas

As of 1 July 2024, new work conditions apply to the 482, 494, and 457 visas. Employees will now have up to 180 days to find a new employer if they cease employment. During this period, they can work for any employer in any job.

This change is expected to provide more flexibility and stability for visa holders as they search for new employment opportunities.

Here you can ready more about other changes happening on the 482 employer-sponsored visa.

Do you need help to apply for an Australian Visa?

If you need assistance with applying for an Australian visa, please contact us.

You can book an appointment online or call us at (+61) 8 8351 9956.

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your visa application.

Based in Adelaide, South Australia, we provide Australian immigration advice to people and businesses from all over the world.

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From 14 October 2024, the Administrative Appeals Tribunal (AAT) will be abolished and replaced with the Administrative Review Tribunal (ART). Legislation to abolish the AAT and replace it with the ART passed the Australian Parliament in May 2024. The transition marks a significant restructuring of the administrative review process in Australia. 

The key changes that are expected to take place as part of the transition include:

1. Implementing a transparent and merit-based appointments process 
2. Appointment of additional members to address existing backlogs 
3. Implementing sustainable funding arrangements 
4. Implementing a single and updated case management system to address risks 
5. Introducing procedural efficiencies and process improvements 
6. Implementing support services and emphasise early resolution where possible 

These reforms reflect a broader effort to modernize and improve the administrative review system in Australia, ensuring that it is more effective, efficient, and responsive to the needs of the public.

Common questions and answers 

What happens to my appeal with the AAT?

If you have an ongoing appeal that you lodged with the AAT, you do not need to worry. All matters currently before the AAT will continue as usual and will automatically transition to the ART upon its commencement on 14 October 2024. This is to ensure continuity for applicants without requiring any additional actions from them.

Do I need to submit a new appeal application with the ART?

No, if you have an ongoing appeal with the AAT, you do not need to lodge a new application with the ART as your application will automatically transfer to the ART as part of the transition.

Is the AAT still operating until 14 October 2024?

Yes, the AAT will continue to consider applications until the commencement of the ART on 14 October 2024. Until the commencement, you can still lodge or manage applications and other documents through the AAT website.

Are all decisions made by the AAT still valid?  

Yes, if you have an AAT decision that has already been finalised by the AAT, it will not be considered again by the ART.

We will provide further updates in relation to the expected changes as they are announced by the Australian government.

If you have an appeal and are unsure about how the changes may affect you, please feel free to contact us. 

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Sources:

https://www.ag.gov.au/legal-system/new-system-federal-administrative-review

https://www.aat.gov.au/about-the-aat/transition-to-the-administrative-review-tribunal

The Department of Home Affairs has officially released the 2024–25 state and territory nomination allocations for the 190 and 491 visas.

Overall, there is an increase compared with 2023-2024, which is good news for those looking to migrate to Australia.

Subclass 190 Skilled Nominated visa

• 2023-2024: 10,300 allocations
• 2024-2025: 16,500 (increased by 60%)

Skilled Work Regional (Provisional) visa (subclass 491)

• 2023-2024: 6,400 allocations
• 2024-2025: 9,760 (increased by 53%)

Total allocations

• 2023-2024: 16,700
• 2024-2025: 26,260

See the table bellow comparing the 2023-2024 financial year to 2024-2025 financial year.

Detailed State Allocations for 190 & 491 Visas

Tasmania (TAS):

• 190 Visa: Increased from 600 to 2,100 (250%)
• 491 Visa: Increased from 600 to 790 (27%)

Northern Territory (NT):

• 190 Visa: Increased from 250 to 800 (220%)
• 491 Visa: Increased from 400 to 800 (100%)

Western Australia (WA):

• 190 Visa: Increased from 1,500 to 3,000 (100%)
• 491 Visa: Increased from 850 to 2,000 (135%)

South Australia (SA):

• 190 Visa: Increased from 1,100 to 3,000 (173%)
• 491 Visa: Decreased from 1,200 to 800 (-33%)

Australian Capital Territory (ACT):

• 190 Visa: Increased from 600 to 1,000 (67%)
• 491 Visa: Increased from 600 to 800 (33%)

Victoria (VIC):

• 190 Visa: Increased from 2,700 to 3,000 (11%)
• 491 Visa: Increased from 600 to 2,000 (233%)

New South Wales (NSW):

• 190 Visa: Increased from 2,650 to 3,000 (13%)
• 491 Visa: Increased from 1,500 to 2,000 (33%)

Queensland (QLD):

• 190 Visa: Decreased from 900 to 600 (-33%)
• 491 Visa: Decreased from 650 to 600 (-8%)

Why Are These Allocations Important?

The Skilled Independent 189 visa allocations have been nearly halved, from 30,375 in 2023-2024 to only 16,900 for 2024-2025. This significant reduction means that more people will be aiming for state-nominated 190 and 491 visas, making these allocations crucial.

The more state allocations there are, the better your chances of getting a visa.

Analysis and Patterns

The pattern is clear: states defined as regional have received the largest increases in allocations.

The overall strategy appears to focus on increasing the number of 190 PR visas for WA, SA, and NT, while NSW and Victoria saw most of their increases in the regional 491 visa, aimed at dispersing migrants outside Melbourne and Sydney.

Queensland's reduction in numbers was at the request of the QLD government.

It seems the Federal Government is worried about housing shortages and so is looking to give visas for regional areas.

While these allocations won't make everyone happy, they are a significant improvement over the across-the-board 70% reduction from 2022-2023 to 2023-2024 year.

If state nomination isn’t an option for you, consider exploring employer-sponsored visas. Check out our blog on how to find an employer sponsor for more guidance.

Do you need help with your visa application?

Our team of experienced Immigration Lawyers and Migration Agents is ready to assist you with your visa application.

Based in Adelaide, South Australia, we provide Australian immigration advice to people and businesses from all over the world.

You can book an appointment online or call us at (+61) 8 8351 9956.

Sources: 

https://immi.homeaffairs.gov.au/what-we-do/migration-program-planning-levels

https://www.migration.sa.gov.au/

https://www.migration.tas.gov.au/

https://migration.wa.gov.au/

https://www.act.gov.au/migration/home

https://liveinmelbourne.vic.gov.au/

https://www.nsw.gov.au/visas-and-migration

https://www.migration.qld.gov.au/

The Department of Home Affairs has released the list of professions from the latest 189 Skilled Independent Visa invitation round that took place on June 13th, 2024. This round saw a total of 5,292 invitations issued across more than 130 different occupations, with a significant focus on construction, healthcare, and engineering fields.

Interestingly, there were no invitations for the 491 Family Sponsored visas this round.

What is the 189 Skilled Independent Visa?

The 189 Visa is a points-tested permanent visa for skilled workers who are not sponsored by an employer, a state or territory, or a family member. This visa allows you to live and work anywhere in Australia as a permanent resident. Key benefits include:

• Permanent residency status
• No need for state or family sponsorship
• Freedom to live and work anywhere in Australia

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Building Trades Occupations

With the ongoing housing shortage and the urgent need to build more housing, building trades have become the most sought-after professions in Australian migration.

Occupations such as carpenter, cabinetmaker, bricklayer, plumber, joiner, electrician, drainer, and glazier received invitations with 65 points or more.

Engineering Occupations

Civil engineer, mining engineer, telecommunication engineer, industrial engineer, transport engineer, and electrical engineer were invited, some requiring at least 85 points.

Healthcare Professionals

Registered nurses were invited with a minimum of 85 points.

Other Notable Occupations and Minimum Points

• Chef: 95 points
• Accountant: 100 points
• Architect: 85 points
• Child Care Centre Manager: 85 points
• ICT Occupations: 100 points
• Internal and External Auditors: 95 points
• Motor Mechanic: 95 points
• Social Worker: 85 points

Surprising Invitations

These occupations are surprising because they are not often considered the most “in-demand” skills.

• Dancer or choreographer
• Solicitor
• Valuer

189 Occupations and Minimum Points

In general, most occupations required at least 80 points to receive an invitation.

Click here to see all the occupations invited.

How to apply for the 189 Skilled Independent Visa?

1. Your occupation must be on the Medium-Term occupation list
2. Obtain positive skills assessment and required English test results
3. You must meet minimum 65 points to be able to lodge an expression of interest (EOI)
4. Submit an EOI through SkillSelect
5. If invited, submit visa application within 60 days of receiving an Invitation to Apply and include all supporting documents for the application

If your occupation is not receiving invitations, consider exploring employer-sponsored options such as the 482 visa or 494 visa.

Do you need help with your visa application?

Our team of experienced Immigration Lawyers and Migration Agents is ready to assist you with your visa application.

Based in Adelaide, South Australia, we provide Australian immigration advice to people and businesses from all over the world.

You can book an appointment online or call us at (+61) 8 8351 9956.

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The new financial year has brought significant changes to the Australian migration system. In this blog we will go through the main changes.

1. Visa Fee Increases

From 1 July 2024, most visa fees application increased by 2% to 4%, while student visa fees had a significant increase by 125%.

New Student Visa Fees:

• Main applicant: From $710 to $1,600
• Additional applicants over 18 years old: From $530 to $1,190
• Dependents under 18 years old: From $175 to $390.

This increase will affect many planning to study in Australia. The current application fee for all types of visas are available on the Home Affairs website.

2. 190 and 491 Visa State Nomination Numbers

On 1st July 2024, the Australian Financial Review published the 190 and 491 visa allocations for 2024-2025:

• Queensland: reduction of 300 places in 190 PR visas from 900 to 600, 491 visas were also reduced from 650 to 600.
• South Australia: there is an additional 1,900 visas.
• Tasmania and Western Australia: each state will receive an additional 1,500 visas.
• Western Australia: another additional 5000 skilled migrant places under the new WA Designated Area Migration Agreement (DAMA).
• Northern Territory: an increase from 650 places to 1,200.
• Australian Capital Territory: an increase from 1,200 to 1,800 places.
• NSW and Victoria: both states are expected to remain the same as last year, with 3,150 for NSW and 3,300 for Victoria.

3. TSMIT Increase for employer sponsored visas

The Temporary Skilled Migration Income Threshold (TSMIT) has increased from $70,000 to $73,150.

The TSMIT is the minimum salary that employers are required to pay when they sponsor someone on a 482, 186, or a 494 visa.

Any new nominations from 1 July 2024 must meet this threshold, but existing holders and nominations lodged before 1 July 2024 are not affected by this change.

4. Relaxation of Work Visa Conditions for 482, 494 and 457 Visas

From 1 July 2024, new work conditions will apply to 482, 494, and 457 visas. These visa holders will have:

• Up to 180 days at a time to find a new employer or a maximum of 365 days in total across the entire visa grant period.
• During the 180 days, employees who are looking for a new employer, can work in any job for any employer.

Employers and the Skilling Australians Fund (SAF)

With the greater mobility for employees, it's time that the Department of Home Affairs revisits the promise in the Migration Strategy to reform the SAF.

Employers currently have to pay the Skilling Australian Fund upfront, which is a significant amount if an employee then leaves before their visa grant period. Fees: $1,200 per year for businesses with a turnover under $10 million, and $1,800 per year for those over $10 million.

Given the increased mobility within the 482 system, there's a risk that employers may opt out of sponsoring due to these fees, and therefore skill shortages could get worse if the employers don't want to sponsor people anymore.

5. No Student Visas for Visitors and Graduates Visa Holders

From 1 July 2024, Visitors (Subclass 600) and Graduate (Subclass 485) visa holders can no longer apply for a student visa onshore, as well the following visa holders

• Subclass 601 (Electronic Travel Authority)
• Subclass 602 (Medical Treatment)
• Subclass 651 (eVisitor)
• Subclass 988 (Maritime Crew)
• Subclass 403 (Temporary Work) International Relations – Domestic Worker (Diplomatic or Consular) stream
• Subclass 426 (Domestic Worker (Temporary) – Diplomatic or Consular)
• Subclass 771 (Transit)
• Subclass 995 (Diplomatic Temporary) – primary visa holders only

6. Graduate Visa Age Limit

Applicants looking to apply for a Graduate Visa must be 35 or under, with exemptions for Masters by research, PhDs, Hong Kong, and British Overseas passport holders up to 50 years old.

Some alternatives for those 36 or older include the 407 Training Visa, Partner Visa, another Student Visa, or an Employer-sponsored Visa. However, applicants will need to ensure they are eligible for these visas.

Please, contact us if you are 36 or over to discuss your visa options.

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7. High-Income Threshold Increase

The Fair Work High-Income Threshold (FWHIT) has increased from $167,500 to $175,000. This means Global Talent applicants must have a minimum annual salary of $175,000 to apply.

8. Visa Closures

• The Skilled – Recognised Graduate 476 visa has permanently closed
• The Business and Investment visa has also closed

The National Innovation Visa is planned to replace the Business and the Global Talent Visa. It is expected to come into place at the end of 2024.

You can read more about the National Innovation Visa here.

9. Work and Holiday Visa Updates

Philippines Passport Holders

Philippines Passport Holders can now apply for a 462 Work and Holiday Visa with 200 places available. To be eligible, applicants must hold tertiary qualifications or have successfully completed at least 2 years of undergraduate study or post-secondary education and be 30 years or under.

UK Passport Holders

UK Passport Holders can now be granted up to three Working Holiday Subclass 417 visas without having to meet any specified work requirements. This is expected to lead to significant interest from young people from the UK, offering a work visa for up to three years in sunny Australia without the need to do agricultural work.

10. Health and Medical Changes

There have also been changes to the health and medical requirements including:

• An Increase in the Threshold for Medical Costs from $51,000 to $86,000.
• Mandatory Hepatitis B Testing for residents from high-risk countries, who are aged 15 and older.

11. Workplace Justice Visa Stream of the 408

A new visa has been introduced for employees who may have been exploited by their employer to stay and work. The employee will need a certificate stating there has been workplace exploitation. More details will be provided on this visa soon.

This was a summary of the main news in Australian immigration for the new financial year, July 2024. If you need assistance with applying for an Australian visa, please contact us.

You can book an appointment online or call us at (+61) 8 8351 9956.

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your visa application.

Based in Adelaide, South Australia, we provide Australian immigration advice to people and businesses from all over the world.

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Sources: 

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1211

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1205

https://budget.gov.au/content/bp1/index.htm

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/temporary-graduate-485/changes

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1209

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1213

https://immi.homeaffairs.gov.au/programs-subsite/migration-strategy/Documents/migration-strategy.pdf

https://immi.homeaffairs.gov.au/visas/getting-a-visa/fees-and-charges/current-visa-pricing

https://www.afr.com/politics/federal/queensland-to-cop-skilled-migrant-cut-amid-boost-to-smaller-states-20240701-p5jq6j

https://www.fwc.gov.au/high-income-threshold

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/repealed-visas/skilled-recognised-graduate-visa-subclass-476

https://www.legislation.gov.au/F2024L00768/latest/text

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/work-holiday-462

https://immi.homeaffairs.gov.au/what-we-do/whm-program/latest-news/arrangements-uk-passport-holders

https://immi.homeaffairs.gov.au/help-support/meeting-our-requirements/health/protecting-health-care-and-community-services

https://immi.homeaffairs.gov.au/help-support/meeting-our-requirements/health/what-health-examinations-you-need

In Australia, the term "regional" includes a wide range of locations beyond the major cities of Melbourne, Sydney, and Brisbane. So, the whole of Australia outside of these three cities is regional.

Major Regional Cities

• Perth, WA: Population of 2,600,000
• Adelaide, SA: Population of 1,400,000
• Gold Coast, QLD: Population of 647,000 (just 80 km from Brisbane)
• Canberra, ACT: Population of 490,000
• Hobart, TAS: Population of 230,000
• Darwin, NT: Population of 135,000

Other Notable Regional Areas

• Sunshine Coast, QLD
• Wollongong, NSW
• Geelong, VIC
• Ballarat, VIC
• Bendigo, VIC

All cities with a population over 100,000.

Unique Regional Locations

• Byron Bay, NSW: Known for its celebrity residents, such as the Hemsworth brothers, and relaxed lifestyle
• Wine Regions: Including Margaret River (WA), Barossa Valley (SA), and Yarra Valley (VIC)

Smaller Remote Regional Locations

The definition of regional also includes small towns and remote locations such as:

• Coober Pedy, SA
• Oodnadatta, SA
• Bourke, NSW
• Marble Bar, WA

Skilled Occupations in Regional Areas

Contrary to the perception that regional areas only require agricultural workers, there is a consistent demand for various skills, including:

• Healthcare: GPs, registered nurses, and carers
• Education and Social Services: Teachers and social workers
• Trades: Chefs, cooks, diesel mechanics, and hairdressers

Moving to a Regional Area?

If you're considering relocating to a regional area in Australia, it's essential to explore your visa options. Moving to regions with more shortages can potentially provide more opportunities, such as finding a sponsor in your occupation.

Regional Visas

• Skilled Work Regional (Provisional) visa (subclass 491): For people nominated by a State or Territory government or sponsored by an eligible family member to live and work in regional Australia.
• Skilled Employer Sponsored Regional (Provisional) visa (subclass 494): For people sponsored by an employer in regional Australia.
• Permanent Residence (Skilled Regional) visa (subclass 191): For people who have lived in a regional area for 3 years while holding a 491 or 494 visa.

We can help you understand your potential pathways and assist with your visa application.

Please book an appointment with us to discuss your situation in detail.

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Do you need help with your visa application?

Our team of experienced Immigration Lawyers and Migration Agents is ready to assist you with your visa application.

Based in Adelaide, South Australia, we provide Australian immigration advice to people and businesses from all over the world.

You can book an appointment online or call us at (+61) 8 8351 9956.

As part of the Australian Government's Migration Strategy released in December 2023, there are significant changes to the 482 visa condition 8607 and the 494 visa condition 8608 from 1 July 2024. These changes are aimed at reducing the exploitation of immigrants in Australia and providing more flexibility for visa holders.

Summary of Changes:

• Extended Period to Find a New Sponsor: Employer-sponsored visa holders will have 180 days to find a new sponsor if they quit or are fired (currently, it is only 60 days).
• Maximum Total Period: A maximum of 365 days in total across the entire visa grant period.
• Flexibility in Employment: During this period, visa holders are allowed to work for different employers, including in occupations not listed in their most recently approved sponsorship nomination. This flexibility ensures that visa holders can support themselves financially while searching for a new sponsor.

Obligations:

• Notification Requirement: Sponsors must notify the Department if a visa holder ceases work within 28 days, whether the visa holder resigns or their employment is terminated.
• Employment Restrictions: Unless exempt, visa holders cannot work for another employer unless they have ceased work with their sponsoring employer.
• Nominated Occupation: Visa holders must remain in their nominated occupation while working for their existing sponsor.
• Licensing and Registration: Visa holders must not do any work inconsistent with any licence or registration needed for their nominated occupation.

Affected Individuals:

The changes apply to existing 457, 482 and 494 visa holders as well as those granted a visa on or after 1 July 2024.

Pathway to Permanent Residency:

The 186 Temporary Residence Transition (TRT) stream has not been changed at this point, so most 482 visa holders are still required to work 2 years for their same sponsoring employer before they can be sponsored for the 186 TRT stream.

The government may change this later in the year, when they bring in the Skills in Demand visa, so that “Periods of employment with any approved employer will count towards permanent residence requirements.” (The Migration Strategy, page 48).

Reform of Skilling Australia Fund Needed:

The Migration Strategy report raised the possibility of changes to the Skilling Australia Fund (SAF). Currently, the SAF requires a large upfront payment for the original nomination for a temporary work visa:

• For 482 visas: $1,200 per year for businesses with a turnover up to $10 million and $1,800 per year for businesses with a turnover over $10 million.
• For 494 visas: $3,000 flat fee for businesses with a turnover up to $10 million and $5,000 per year for businesses with a turnover over $10 million.

The changes to conditions 8607 and 8608 provide significant flexibility for employees, making it urgent to reform the Skilling Australia Fund to ensure employers are willing to sponsor, even with the risk of employee turnover.

Do you need help with a 482 or a 494 Visa application?

Our team of experienced Immigration Lawyers and Migration Agents is ready to assist you with your visa application.

Based in Adelaide, South Australia, we provide Australian immigration advice to people and businesses from all over the world.

You can book an appointment online or call us at (+61) 8 8351 9956.

If you are looking for an employer to sponsor you, check out our blog "How to Find an Employer Sponsor in Australia."

Sources:

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1213

https://immi.homeaffairs.gov.au/programs-subsite/migration-strategy/Documents/migration-strategy.pdf

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We understand that having a visa refusal can be disappointing and you can feel quite stressed and unsure of what to do. 

In this blog, we explain the appeal process and what you can do if your visa has been refused by the Department of Home Affairs.

Generally, you have the option to appeal the decision through a merits review or judicial review. The process for appealing a visa refusal can vary depending on the type of visa you applied for, and the specific circumstances of your case.

Merits Review

Basically, merits review is a process that allows a decision maker to ‘step into the shoes’ of the original decision maker for example the delegate at the Department and make a fresh decision based on the evidence before it. In Australia, this is usually undertaken by a body known as the Administrative Review Tribunal (ART). 

Appealing the decision at the ART

The refusal letter will state whether you can appeal the decision at the ART. If you have this option, you must make sure to lodge your appeal within the time frame that is provided in your refusal letter. The easiest way to lodge your appeal is online through the ART’s website. 

Once you lodge an appeal at the ART, your bridging visa will continue until you get a decision on your appeal. 

Attending a Hearing 

The ART will then review your appeal application. Due to a large number of applications, it usually takes a long time before you are invited for a hearing. At the hearing, you can present your case and any evidence to support your appeal. The ART will then usually make a decision to affirm the Department’s decision to refuse your visa or remit the decision back to the Department for reconsideration.

We would recommend getting legal assistance from an Australian Migration Lawyer to avoid any issues with your appeal and put your best case forward, especially when preparing for your hearing. 

Click here to read more about the ART. 

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Judicial Review

In cases where you don’t have a merits review option, you may be able to appeal the refusal decision in court.

Unlike merits review, judicial review does not involve considering the merits of the case or deciding what the right decision was. Instead, it looks at the process through which a decision was made and determine if it was made in accordance with the law. 

Another thing to keep in mind is that unlike an appeal to the ART, your bridging visa does not automatically continue when you apply for judicial review. You will need to lodge a bridging visa application before your current visa expires. We’re here to help if you need any assistance with this.

Appealing the decision in court 

To be able to appeal the decision in court, you need to have grounds to seek judicial review for example there was a legal error in the decision-making process, such as a breach of procedural fairness or an incorrect interpretation of the law. You may need to get a Barrister to look at your case and assess if there are any grounds for judicial review. 

Click here to read more about the Judicial Review. 

Filing an appeal application 

To begin an appeal at court, you will need to file an application with the Federal Circuit and Family Court of Australia and within the specified time, which is generally 35 days from the date of the refusal.

After this you will need to follow the court procedures by serving the documents to the other party within the specified time, and then go through the court proceedings by attending a hearing and waiting for the court’s decision. This process can be very long, and it can take several years before you have a hearing. 

It's important that you comply with all the requirements and deadlines for filing a court application and serving the documents as required by the court. 

It can be helpful to get legal advice from a migration lawyer to help you navigate your appeal process because I understand it can be very confusing and there are strict time frames you have to work with. 

Do you need help with your refused visa application?

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your appeal application. 

If you have a Student Visa refusal, a Partner Visa refusal, a 482 Employer-sponsor Visa refusal, a 407 Training Visa refusal, a Graduate Visa refusal, a 491 Visa refusal, a 190 Visa refusal or any other visa refusal, we can assist you. 

Based in Adelaide, South Australia, we provide Australian immigration advice to people and businesses from all over the world.

You can book an appointment online or call us at (+61) 8 8351 9956.

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Sources:

https://www.art.gov.au/

https://www.fcfcoa.gov.au/migration-law/pubs/migration-review

Working as a Registered Nurse or Midwife in Australia

If you are an Internationally Qualified Nurse or Midwife and want to work in Australia as a registered nurse or midwife, you may be eligible to get registered in Australia and apply for an Australian visa. The demand for skilled nurses remains high in Australia.

In the 189 Skilled Independent visa invitation rounds in 2023, nurses have been the biggest winners.

The following occupations received invitations at the minimum 65 points:

254111 Midwife

254412 Registered Nurse (Aged Care)

254413 Registered Nurse (Child and Family Health)

254414 Registered Nurse (Community Health)

254415 Registered Nurse (Critical Care and Emergency)

254416 Registered Nurse (Developmental Disability)

254417 Registered Nurse (Disability and Rehabilitation)

254421 Registered Nurse (Medical Practice)

254418 Registered Nurse (Medical)

254422 Registered Nurse (Mental Health)

254425 Registered Nurse (Paediatrics)

254423 Registered Nurse (Perioperative)

254424 Registered Nurse (Surgical)

254499 Registered Nurses nec

The registration process includes 3 different steps

• Get registered with the Nursing and Midwifery Board of Australia (AHPRA)
• Skills assessment from Australian Nursing & Midwifery Accreditation Council (ANMAC)
• Apply for the visa (Department of Home Affairs)

What are the requirements for registration?

• Successfully completed the nursing education
• Qualification is equivalent to Australian bachelor’s degree (AQF level 7)
• Have at least 800 hours of workplace experience in different health care settings
• Certification from educational institute that proves of completing an assessment in medication administration and management
• IELTS 7, PTE 65 & TOEFL 88 overall score and not less than that in any band
• Professional’s skills and knowledge are up-to-date by meeting the recency of practice registration standard
• Criminal history checked

If you meet the requirements, then here is your Guide to the Registration:

• Self-assessment with Australian Health Practitioner Regulation Agency – AHPRA
• On the basis of your self-assessment, you will be assigned to the stream A, B or C by Nursing and Midwifery Board of Australia (NMBA) after an initial assessment.

• Stream A: Candidates who hold a qualification that is relevant but not significantly equivalent to an Australian approved qualification and satisfy the compulsory registration standards. You'll need to pay the assessment fee and complete Orientation Part 1 before completing the Portfolio stage.

• Stream B:Applicants who hold a qualification that is not significantly equivalent to an Australian approved qualification and satisfy the compulsory registration standards. It's recommended that you end your participation in the assessment process and upgrade your qualification if you wish to continue.

• Stream C: Not fitting in A or B stream.

• Once you are assigned to the stream A, B OR C then proceed further according to the stream.
• Proceed for the Internationally Qualified Nurses and Midwives (IQNM) assessment process and pay the IQNM Assessment Fee.
• Attend the Orientation Part 1 – It is an online learning course providing an introduction to Australia and the Australian healthcare context.
• Portfolio (This is where you will be supplying the qualification and identification details and documentation.
• Attend Multiple Choices Question (MCQ) exam (MCQ Exam is a computer-based multiple-choice test, undertaken at a Pearson VUE testing centre).
• Objective Structured Clinical Examination (OSCE). It is a clinical exam to assess the candidate’s knowledge, skills and competence at the graduate-level nurse or midwife.

Candidates who have successfully completed the Orientation Part 1, Portfolio, MCQ exam and the OSCE exam are now eligible to apply for registration in Australia.

If you are ready you can commence the self-check here. 

How can I apply for registration once I am eligible?

Once you are eligible to apply for registration, the application form for the registration will be made available within your dashboard.

You can access the form and lodge the application.

What happens next?

APRAH will review and verify your qualifications, proof of Identity and other documentation.

The NMBA will decide whether to approve your registration, propose to register with conditions, or propose to refuse your application. You will be notified the outcome by email of registration if your residential address is in Australia, or via a letter of in principle approval of registration if you are currently living overseas.

What is in principle registration?

If you have met all registration requirements, but only provided the minimum proof of identity evidence with your application (because you were not living in Australia at that time), the NMBA will provide you with a letter providing in principle approval for registration, valid for three months, and detailing the outstanding proof of identity requirements. This does not mean that you are registered.

What is the propose to register with conditions?

If your registered nursing qualification is assessed at less than Australian Qualification Framework level 7, you will not meet the requirements for registration. However, if you hold a qualification that:

• is solely in mental health, paediatric or disability nursing
• meets all criteria under the current model for registration, except criterion 3 (that your qualification is at AQF level 7 or above)
• is at AQF level 6, and
• meet all registration standards
• the NMBA will grant registration with conditions, which will require a period of 12 months full time equivalent supervised practice. You will also have a notation on your registration.

What is the next step after registration?

You need to get you skills assessment done from Australian Nursing & Midwifery Accreditation Council (ANMAC).

When can I apply for the visa?

Once you have a positive skills assessment from ANMAC, you will be eligible to apply for an appropriate visa.

Summary:

STEP 1 - Check the requirements for the registration

STEP 2 - Check the requirements for the immigration

STEP 3 - Complete the Self-assessment

STEP 4 - Complete the orientation part 1 successfully (Stream A)

STEP 5 - Complete the orientation part 1, portfolio, MCQ and OSBE exam (Stream B)

STEP 6 - Lodge an application for registration and provide all documentations to AHPRA

STEP 7 - Apply to be registered with NMBA

STEP 8 - Receive registration

STEP 9 - Get the skills assessed at ANMAC

STEP 10 - Apply for a visa

STEP 11 - Move to AUSTRALIA, get a job and work and live here.

Do you need help with your Visa application?

Our team of experienced Immigration Lawyers and Migration Agents is ready to assist you with your visa application.

Based in Adelaide, South Australia, we provide Australian immigration advice to people and businesses from all over the world.

You can book an appointment online or call us at (+61) 8 8351 9956.

Book an Appointment 

About the Author: Wendy Guan – Registered Migration Agent in Adelaide South Australia