Michaela Byers - Australian Immigration Lawyer

Australian Immigration Lawyer

Points Test Passmark now 120

On 14 April 2004, the passmark for the Independent Skilled Migration visa categories increased from 115 to 120 points. Students in Australia have until 1 April 2005 to apply for migration at 115 points. Please note that Skilled-Sponsored visa categories passmark remains 110 points.

New 3 Year Temporary Skilled-Independant Regional Migration Visa from 1 July 2004

From 1 July 2004 Independent Migration can apply for this new visa category. The pass mark is 110 points, the applicant must commit to living and working in regional Australia. Applicants must meet the basic requirements of Skilled Migration as follows:-

Be under 45 years old at the time of application
Have vocational English and (“5” on the IELTS Test)
An occupation that is listed on Skilled Occupation List
Nominated occupation be skill assessed
Recent work experience in a skilled occupation or a recent Australian Graduate.

After 2 years the applicant can apply for Permanent Residency by one of the following means:-

Regional Sponsored Migration Scheme (employer nomination);
State/ Territory Nominated Independent Visa; or
State/ Territory Business Owner Visa (subclass 163 Visa)

Therefore, an applicant for this visa should be prepared to live in regional Australia for 5 to 6 years.

Children released from Detention

We applaud DIMIA’s actions in releasing children from detention

Sereana Naikelekele and her children Lomani, Mereani and Glen and Virginia and Naomi Leong have been released from detention.

Sereana and her children and sometimes including her two older children Sally and Jope, had been detained since November 2002. Virgina Leong was detained in October 2002 and gave birth to Naomi in detention in May 2003.

Sereana and the children are awaiting the decision of the Minister whether to intervene in their case under section 417 of the Migration Act. Whereas, Virginia and Naomi are awaiting decisions on their protection visa applications. Lomani, Mereani and Naomi also have on-going applications before the Federal and High Courts in which they seek orders to be declared Australian Nationals due to their birth in Australia and lack of recognition as Nationals of any other country.

Sereana and her children were released into the care of extended family and Virginia and Naomi are being cared for by Chill Out and the Malaysian and Singaporean society.

We wish them the best in recovering from the trauma they suffered during their long-term detention and we kindly request DIMIA to process their applications with compassion and sympathy.

Grant of Protection Visas

Recently a number of our clients have been successful at the department and Refugee Review Tribunal in applications for Protection Visa. We wish the best of luck and wonderful lives in Australia to Jeff, Mario and his family; Wei, Bao and her daughter; Gilberto and his family, Ronny, Haider, Zaher, Ali, Gulzari, Fang, Li and Zhao.

Successes in Federal Court

We were greatly satisfied by theof the Federal Court in NAQS vs MIMIA and SZACV vs MIMIA. These decisions can be viewed on www.austlii.edu.au

Children in Detention

We continue to be appalled and oppose the continuing detention of children in detention. Please take the time to view www.julianburnside.com