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Aus Legal Services Pty Ltd | Lawyer & law firm



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Aus Legal Services Pty Ltd

Phone: +61 2 9311 3514



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24.01.2022 Subclass 457 visa review rights are getting worse Two letters from the Sydney registry of the Migration Review Tribunal. Letter 1 "...Following the recent decision of the Federal Circuit Court in MIBP v Lee, the Tribunal is of the view that for the application to be valid there must have been at the time that application was made, either an approved nomination in force, or an application foe review of a decision to refuse a sponsorship pending before the Tribunal".... Letter 2 "...Following the recent decision of the Federal Circuit Court in MIBP v Lee, the Tribunal now understands that to meet the requirements of s.338(2)(d)(i), an applicant must be the subject of an approved nomination. It is not sufficient that there was a pending review of a nomination refusal at the time". The interpretation of the law set out in the letters is different to the previous view of the Tribunal which was that if an appeal against the refusal of a nomination was pending when the application for review of the visa refusal was lodged the review application would be valid. The new interpretation of Lee will mean that large numbers of refused applicants for Subclass 457 visa will lose their review rights. There are also undoubtedly a large number of review applications in respect of Subclass 457 visas pending before the Tribunal that satisfied the "old" requirement but not the new interpretation of the Lee decision. Presumably the applications will be re-assessed by the Tribunal and the applications told that the applications are invalid.



20.01.2022 Attention: Re-opening of the Non-Contributory Parent and Other Family visas.From 25 September 2014, the following visa subclasses in the Family Stream of the Migration Programme are open to new applications: Parent visa (subclass 103) Aged Parent visa (subclass 804) Aged Dependent Relative visa (subclass 114)... Aged Dependent Relative visa (subclass 838) Remaining Relative visa (subclass 115) Remaining Relative visa (subclass 835) Carer visa (subclass 116) Carer visa (subclass 836). See more

17.01.2022 One. More. Sleep. Less than 4 hrs until #vividsydney becomes a beacon of Light, Music, and Ideas for 18 magical days and nights. Get ready to experience this year's cutting-edge program across 10 magical precincts! Images by Hirsty Photography

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