Newsletter 124

AUSTRALIAN CITIZENSHIP (PERMANENT RESIDENT) DETERMINATION FOR NEW ZEALAND CITIZEN

An individual who is a citizen of New Zealand, has held a special category visa, and now has a Subclass 189 (Skilled – Independent) visa in the New Zealand stream that was issued after 31 December 2021 but before to 1 July 2023 is deemed to have acquired permanent residency on 1 January 2022. Both holders of primary and secondary visas are covered under this system.

The spouse or dependent children of a New Zealand diplomatic or consular representative who is now present in Australia do not fall under the scope of this arrangement.

This will commence on 1st January 2023

WESTERN AUSTRALIA

The Migration Services office will be closed from 4:00pm WST Friday 23 December 2022, reopening 8.30 am WST Tuesday 3 January 2023.

No assessment outcomes will be sent during this time.

Due to the early closure, invitations for State nomination will be issued in the week commencing 12 December 2022. Email inquiries will be responded to as soon as possible once Migration Services re-opens.

AUSTRALIAN CAPITAL TERITTORY

The ACT Government have announced that their final allocation for the current program year is 2025 nomination places for the Skilled nomination (SC 190) visa, 2025 nomination places for the Skilled Work Regional (SC 491) visa, and 10 nomination places for the Business Innovation and Investment program.

The ACT Government will be conducting an invitation round before Christmas (25 December 2022).

AUSTRALIAN CITIZENSHIP AMENDMENTS

The Department to remove duplication requirement to provide English language translations as part of citizenship applications. Section 14 of the Citizenship Regulations which requires an applicant to provide an official English translation of any documents provided that are not in English.

The removal of the duplication assists to remove confusion and streamlines the processing.

This will commence on 1st January 2023

SOUTH AUSTRALIA

The Skilled & Business Migration office will be closed from 3 pm Friday 23 December 2022 for the holiday period. We will reopen at 9 am on Monday 9 January 2023.

Applications for state nomination can continue to be submitted during the closure

CONDITION 8547 TEMPORARY RELAXATION CEASES on 31 DECEMBER

The temporary relaxation of condition 8547 (6-month work limitation) ceases on 31 December 2022, when it will be reviewed by the Government.

After 31 December 2022, a Working Holiday Maker visa holder may work with an employer for up to 6 months, despite any period they may have worked for that employer prior to 31 December 2022. Therefore there is the potential for Working Holiday visa holders to remain with the same employer until 30 June 2023.

2 WOMEN SEXUALLY HARASSED BY LATE SUPREME COURT JUDGE WIN SETTLEMENT

Two women, who were sexually harassed by a former Supreme Court judge, have won settlements after first coming forward in 2020.

“At the time they were sexually harassed, they were aged in their early 20s and the judge was in his 60s. In addition to deploying a sexualized poetry and unwelcome sexual advances, The Judge also put his hand between the thighs of one of the women and on another occasion kissed her on the lips.

“It was a gross abuse of power by one of our state’s most senior judges against two young women who were just starting out on their legal careers. The conduct of the judge had a profound, damaging impact on both women. One no longer works as a lawyer,” he said.

“The failure of the Supreme Court to properly investigate and respond to the first case of sexual harassment at that time increased the risk of recidivism by the judge. The women are to be commended for their courage and tenacity in pursuing this matter against powerful individuals and institutions.”

MERITS REVIEW ‘CRITICAL’ FOLLOWING ANNOUNCED ABOLITION OF AAT

“More recently, there have been concerns that the current administrative law system is not functioning optimally, primarily due to a perceived lack of political commitment to the integrity of the system.”

To this end, the LCA has welcomed the government’s commitment to reassessing the member appointment process.

“The Law Council has long called for these appointments to be conducted through a merit-based, transparent process,” Mr Liveris said.

“This will assist with reducing delays and improving quality of decisions while fostering public confidence in the independence and impartiality of the new body.

“The continued backlog and delays within the AAT have concerned the Law Council, especially as they relate to migration and refugee matters. The Law Council therefore welcomes today’s announcement from the Attorney-General that an additional 75 members will be appointed to address the current backlog of cases and reduce wait times while the new body is being established.

“The Law Council continues to strongly support the continued role of merits review in the Australian administrative law framework.

“CRIMINAL PROCEEDINGS AGAINST CBA DROPPED”

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