September at Nomos
Though it did not feature the same level of definitive changes as seen in July and August this year, the first of spring has proven to be just as interesting nonetheless! Here’s the September snapshot:
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- On 19 September 2023, some details of the planned overhaul of the current migration system were leaked to the Australian Financial Review and published online. According to the leak, the government (having previously described the current migration infrastructure as “fundamentally broken”) may be planning to undertake the most significant overhaul of the migration system since the 1990s. Factors purportedly driving the current model of the plan include the fact that more than 400,000 new migrants were welcomed into Australia across the last financial year, part of which included a massive surge in international students returning after the COVID-19 border closures ended. Practically, the sudden and growing influx of migrants in these numbers has placed pressure on the housing market in Australia, an issue which has apparently not gone unnoticed by the government. One of the rumoured changes will be the stripping back of certain regulations so as to make it easier for businesses to hire high-wage workers – although nothing has been officially announced, the leak suggests that the wage threshold may fall between AU$120,000pa and AU$150,000pa. Another rumoured change will concern that of workers in the care sector, who may be able to be sponsored by businesses in need even if they earn less than AU$70,000 provided there is “extensive regulation and union oversight”, according to the Financial review. It will be interesting to watch how this plays out.
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- On 25 September, VETASSESS Australia placed a pause on the acceptance of new skills assessment applications for 7 trade occupations, namely:
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___• Chef, ANZSCO Code 351311
___• Cook, ANZSCO Code 351411
___• Diesel Motor Mechanic, ANZSCO Code 321212
___• Motor Mechanic (General), ANZSCO Code 321211
___• Fitter (General), ANZSCO Code 323211
___• Electrician (General), ANZSCO Code 341111
___• Metal Machinist (First Class), ANZSCO Code 323214The pause is the result of an agreement reached with Trades Recognition Australia (‘TRA’), and is intended to allow VETASSESS to clear the significant backlog of applications. The pause, now in effect, applies to both Pathway 1 and Pathway 2 applications under the Offshore Skills Assessment Program (‘OSAP’) and Temporary Skills Shortage (‘TSS’) visa program. If an application under any of the abovementioned occupations was lodged prior to 25 September 2023, no action needs to be taken and the application will still be processed. VETASSESS later announced that from 30 September 2023, a pause would also come into effect for Pathway 1 applications for the occupation of Plumber (General), ANZSCO Code 334111. No confirmed date has yet been provided for when the pause may be ended.
- On 25 September, VETASSESS Australia placed a pause on the acceptance of new skills assessment applications for 7 trade occupations, namely:
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- If anyone has had an uphill and tumultuous Australian immigration journey, it surely would be Ned Kelly Emeralds. An Iranian immigrant who arrived in Australia by boat in 2013, Mr Emeralds has been held in detention since that time. Mr Emeralds has been functionally mute since attempting to take his own life while in detention on Christmas Island shortly after his arrival. In 2016, an officer of DHA found that Mr Emeralds was owed protection by the Australian government, however, the Department did not issue him with a valid visa due to a second officer refusing the application in 2018. A Federal Court order handed down in 2021 would have seen Mr Emeralds placed in ‘home detention’ with close friends while his status was being determined by the Commonwealth, however, former Minister for Home Affairs Karen Andrews prevented this at the 11th hour by exercising her Ministerial powers. Since Minister Andrews’ decision, the government has sought to appeal the Federal Court’s initial ruling on the matter. On 6 September 2023, the High Court of Australia found that the Full Court of the Federal Court lacked jurisdiction to hear the government’s appeal. The High Court did not rule on Mr Emeralds’ status and that challenge remains ongoing. Today, as many as 130 other immigration detainees find themselves in situations similar to that of Mr Emeralds, faced with indefinite detention or long periods in immigration limbo.
- That’s the Nomos wrap-up for September. 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.
