August at Nomos
Goodbye winter, hello once again to spring! Here’s our summary of the month of August at Nomos:
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- This month, we are delighted to share that we have seen more grants in the temporary Partner (subclass 820), TSS (subclass 482), Resident Return (subclass 155) and Temporary Work [short stay specialist] (subclass 400) visa categories. The good news for our clients just keeps on flowing!
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- As foreshadowed in May this year, the Federal Government has now set a National Planning Level (‘NPL’) on the number of new international students that will be granted visas to enter Australia for study purposes. This cap of 270,000 will commence on 1 January 2025 (subject to the passage of the relevant legislation). The stated goal of this NPL is to ensure a “managed international education system designed to grow sustainably over time”, and is part of the initiative to reduce overall migration numbers to pre-Covid pandemic levels. While rejecting claims that initiatives such as the NPL would damage Australia’s higher education sector, Minister for Education the Hon. Jason Clare MP noted that the overall number of new international students in 2025 would be approximately the same as in 2023, but international students would be more evenly spread across major cities and regional Australia. The response to this announcement has been mixed, with smaller and regional universities welcoming the cap whilst the Group of Eight universities (including UNSW and the University of Sydney) expressed their disappointment with and opposition to the cap. International education is Australia’s 4th largest industry, bringing in approximately $30 billion to the Australian economy annually, and these changes are undoubtedly going to affect the higher education sector, the broader economy as well as Australia’s overall attractiveness as a migration destination.
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- New light was shed on a terrible (but all too common) example of migrant exploitation at the hands of an employer this month. Pawanjeet Heir, along with her husband and son, was subject to extreme stress as a clear result of exploitation by her employer for more than two years, who levied threats against Pawanjeet to withdraw sponsorship and have her deported from Australia while also committing wage fraud for as much as $250,000 and subjecting to her to substandard work conditions. The employer’s cruelty was succinctly encapsulated when he refused to let her leave work to go to the hospital until the end of her shift despite the fact that she had acute appendicitis and was in extreme pain at the time. The end result for the family was a loss of their immigration opportunity and they are now faced with the real prospect of having to leave Australia. Even though the government is addressing the issue at a legislative level, worker exploitation remains a very real reality for many temporary visa holders in Australia. If you are facing potential exploitation at the hands of an employer, please contact us for confidential advice to see what can be done about your circumstances.
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- In an effort to continue to fulfil the Government’s promise to clear the significant backlog of migration matters, Attorney-General the Hon. Mark Dreyfus KC MP has announced the appointment of 37 new members to both the Administrative Appeals Tribunal (AAT) [comprising 1 Senior Member and 16 Members] and the new Administrative Review Tribunal (ART) [comprising 7 Senior Members and 13 General Members). The Attorney-General also announced in the same media release that the inaugural Chief Executive Officer and Principal Registrar of the ART have been appointed who will, along with the 20 Members now appointed, will begin their terms once the ART commences. The full media release can be viewed here. As part of the same fulfilment, the Attorney-General also announced by separate media release that 9 new judges have been appointed to the Federal Circuit and Family Court of Australia so as to increase the Court’s capacity to address the protection visa and other migration-related case backlogs. We can only hope that these efforts will allow more people to have their immigration matters reviewed sooner rather than later.
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- On a lighter note, on the cusp of what is likely to be a warm spring, some unexpected temporary migrants visited Sydney – orcas! A very rare pod of the whales was sighted off of Sydney’s northern beaches during the last week of the month. Viewers were stunned to catch a glimpse of the orcas – a species that has not been seen in our waters since 2018 – as they swam along the coast. We hope this is a sign of a brilliant and prosperous spring ahead!
That’s the Nomos wrap-up for August. See you next month!
*This is general information only, as at the date of publication, and should not be interpreted as legal advice. For an accurate and current assessment of your circumstances and visa options, please contact us to receive this advice.
