Newsletter 110

TASMANIAN SKILLED MIGRATION STATE NOMINATION PROGRAM UPDATE

12 SEPTEMBER 2022 – INTERIM OPENING

Candidates for the Gold and Green passes can now submit an application. As of now, Gold and Green pass applicants must apply for the Tasmanian Skilled Migration State Nomination Program by Monday, September 12, 2022. Applicants can now express interest in being nominated if they match the prerequisites for one of the nominations pathways AND have at least one gold or green priority attribute. All qualified applicants must first request an invitation from Migration Tasmania in order to submit an application for nomination during this interim period.

SKILLED MIGRATION FAQS

Migration Tasmania has released FAQ’s on the website for detailed information READ NOW

Overseas Skilled Occupation Profiles

WHAT IS AUSTRALIA’S MIGRATION FUTURE?

The number of permanent immigration visas available in 2022–2023 has been increased by the Albanese Labor Government from 160,000 to 195,000 slots.

This indicates that an additional 35,000 permanent visas are needed to address areas of the Australian economy that are now facing acute shortages, which have an impact on Australians’ day-to-day life.

There will be 34,000 slots available in the Skill stream for Regional visas, which represents an increase of 9,000 slots from earlier estimates.

2022-23 MIGRATION PROGRAM PLANNING LEVELS

The planning level for the 2022-23 Migration Program had previously been set at 160,000 places. The Albanese Government will increase that number for 2022-23 to 195,000, effective immediately.

Within the overall planning level of 195,000 places:

• 142,400 places will be allocated to the Skill stream;
• 52,500 places will be allocated to the Family stream; and
• 100 places will be available for the Special Eligibility stream.

Further information on Migration Program planning levels are available on the Home Affairs website.

LEGISLATIVE UPDATES

The 2022 Income Tax Amendment Bill

An amendment to change the tax rate on some income received by foreign residents participating in the Pacific Australia Labour Mobility programme from marginal rates starting at 32.5 percent to a flat 15 percent is concealed inside the Income Tax Amendment Bill 2022.

SUMMARY STATE AND TERRITORY UPDATES

TASMANIA

Gold and Green pass applicants may now apply to the Tasmanian Skilled Migration State Nomination Program on a temporary basis. All qualified applicants must first request an invitation from Migration Tasmania in order to submit an application for nomination.

SOUTH AUSTRALIA

South Australia’s Business Innovation and Investment Program (BIIP) is now open for the 2022-23 program year.

There will be four visa streams available for nomination under the Business Innovation and Investment visa (subclass 188):

• Business Innovation Stream (188A)
• Investor Stream (188B)
• Significant Investor Stream (188C)
• Entrepreneur Stream (188E)

NEW SOUTH WALES

NSW Skills lists have been made available for 2022–2023. For the fiscal year 2022–2023, there are new minimum point requirements and criteria for skilled job experience.

VICTORIA

The 2022–2023 BIIP programme at Victoria is now accepting applications. The programme offers four ways to obtain a visa:

• (Provisional) Business Innovation stream (subclass 188A) visa
• (Provisional) Investor stream (subclass 188B) visa
• Subclass 188C, Significant Investor stream (Provisional) visa
• (Provisional) Entrepreneur stream (subclass 188) visa.

You must first submit an Expression of Interest (EOI) via the Department of Home Affairs SkillSelect system of the Commonwealth before you can submit an application for a Victorian visa nomination.

AGRICULTURE VISA- VIETNAM

It is reported in a media release that the agricultural visa agreement with Vietnam will be honored by the current Government.

PRACTICAL SKILLS ASSESSMENTS

• VETASSESS is conducting Practical Assessments in the UK from October 18 – 21 and South Africa from November 14 – 21 and applicants can book now.
• Electricians, plumbers and air-conditioning/refrigeration mechanics need a practical assessment for Australian migration purposes.
• They hope to announce dates for India very soon.
• You can read about the assessment process here

MIGRATION QUEENSLAND 491 SBO PATHWAY

Applicants for the 491 Small Business Owner (SBO) pathway with Migration Queensland have signed a declaration- to: “operate a business and reside in Queensland for at least three years from visa grant”.

If an applicant choose to sell their SBO business prior to this time, Migration Queensland has the option to withdraw the nomination of the 491 visa to allow the applicant to explore other visa options.

Applicants need to be aware of this condition prior to committing to this visa pathway.

ACT INVITATION ROUND

Total approvals: 424 approvals

Total refusals: 76 applications

Remaining Allocation 2022-2023

Total allocation remaining: 2296 nomination places (227 per month)

• 190 Nominations: 645 (pro rata 67 per month)
• 491 Nominations: 1651 (pro rata 173 per month)

TRADES RECOGNITION AUSTRALIA – MIGRATION POINTS ADVICE UPDATED

Minor adjustments to the employment standards are included in the new rules. The updated Migration Points Advice Applicant Guidelines, published in August 2022, will take effect for new MPA applications submitted starting on September 5, 2022, and they must comply with the programme standards as outlined in those guidelines.

AACA PRIORITY PROCESSING SERVICE FOR APPLICANTS

The AACA now provides Overseas Qualifications Assessment Applicants with a Priority Processing Service (both new applicants and Stage 2 applicants). With the use of this service, applicants who want an urgent assessment result can receive priority handling.

After completing both the submission of their OQA assessment and making an additional payment for Priority Service, applicants can anticipate receiving an invitation for an interview within 10 business days. – 500$

Applicants must make sure they have included all necessary supporting papers with their application and that they will be at least somewhat available for an interview.

The AACA is not responsible for the delay in application processing as a result of incorrect/missing documents and lack of availability. If the AACA is unable to process an application within 10 working days.

$300M SETTLEMENT REACHED IN MESH CLASS ACTIONS

A $300 million settlement in two class actions brought against Johnson & Johnson Medical and Ethicon has been reached, marking an history in Australian for the first time.

A $300 million settlement has been agreed for two class actions on behalf of Australian women who had pelvic mesh implants, making it the highest settlement deal in the history of product liability class actions in Australia.

The first class action, which was led by the plaintiff legal firm, started in October 2012 and resulted in what was considered the “largest women’s health class action in Australia’s history” at the time. The trial lasted seven months, beginning in July 2017.

The law firm claimed that the warnings that came with the implants were insufficient, that the implants shouldn’t have been sold, and that the implants had an unacceptable rate of side effects such erosion, incontinence, and chronic discomfort. Over 12,000 women are thought to have joined the class action.

Women who had been affected by pelvic mesh implants sold by Johnson & Johnson and Ethicon that were “not fit for purpose” won a victory in November 2019 according to Justice Anna Katzmann of the Federal Court of Australia.

In March of the previous year, the earlier ruling was affirmed after an appeal was filed in April of the following year. The case was then brought back before the court in February 2021. After the High Court rejected an appeal against that decision in November, the Federal Court decided that class action participants receive compensation in April 2022.

In April 2021, the legal firm brought a second class action lawsuit against Johnson & Johnson and Ethicon on behalf of women who experienced mesh implant complications at a time apart from those who were included in the first class.

The lawyer said, the settlement, which is subject to approval by the Federal Court, will help support women’s treatment needs.

“We welcome this settlement which brings the litigation to an end,” she said. “If the Federal Court approves the settlement our focus will shift to the important task of distributing the settlement to group members.”