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Was Novak Djokovic’s Australian visa lawfully cancelled?

Blog & Articles

The questions and issues raised in Novak Djokovic’s court hearing highlight just how difficult it is for travellers to understand when they can or can’t enter Australia.

Djokovic’s Temporary Activity visa was cancelled under section 116(1)(e) on the basis that, as an unvaccinated person, he presents “a risk to the health, safety or good order of the Australian community or a segment of the Australian community.”

This is an incredibly broad cancellation power, one that could theoretically catch out any temporary visa holder in Australia. Who can definitively say they do not pose any kind of risk to any part of the Australian community at any time?

The Australian Government is clear that they will decide who enters this country. They also have the power to decide who will stay in this country.

This case may then open the floodgates for delegates to cancel the visa of any unvaccinated temporary visa holder in Australia without medical contraindication.

Contact Tang Law for expert advice if the above may affect you.

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Change of Rate & Admission Announcement

Blog & Articles
We are pleased to announce the change of rate of our Lawyer, Ms Briony Chen with effect from 18 January 2022. Briony’s new hourly rate will be $350 (exclusive of GST).

We are truly honoured to have Briony in our team and we look forward to her continued success at our company.

We would also like to congratulate Ms Alexia Avdoulas on her admission to the Supreme Court of Western Australia in December 2021. Alexia’s hourly rate is $300 (exclusive of GST).

Should you have any queries in regards to the content above, please do not hesitate to contact our office.

New visa concessions offer permanent residency pathways for select skilled migrants and post-study visa rights for returning international students

Blog & Articles, Immigration Law, Migration Law, Tang Law, Tang Legal

On 25 November 2021, Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs Alex Hawke announced new special temporary concessions for around 200,000 highly skilled visa holders in Australia.

 

These positive changes will take affect gradually from 1 December 2021 to 1 July 2022 and will primarily benefit the following visa holder groups:

 

  1. Temporary Skills Shortage visa (subclass 482) (TSS) and Legacy TSS (subclass 457) visa

 

The concession presents an exciting opportunity for 20,000 skilled migrants who remained in Australia during the pandemic, to be eligible for permanent residency. This will apply to:

 

  • primary holders of the TSS (short-term stream) who will no longer be subject to the two-year stay limitation in Australia; and
  • primary visa holders of the now discontinued subclass 457 visa who previously did not meet the age cap.

 

  1. Skilled Regional (provisional) visa (subclass 489, 491 and 494)

 

Current and expired visa holders of the skilled regional provisional visas, including the 9,000 holders who have remained overseas and unable to travel to Australia due to COVID border restrictions, will now be able to apply for a visa extension; offering additional time to meet the regional work requirements for a permanent residency application.

 

  1. Temporary Graduate visa (subclass 485)

 

The new concessions delivers targeted measures in support of Australia’s international education sector by awarding further study and post-study visa rights for students returning in the 2022 academic year including:

 

  • 30,000 current and former subclass 485 visa holders, whose visas expired on or after 1 February 2020 and unable to enter Australia due to border restrictions, will be able to seek a replacement subclass 485 visa to remain in Australia to live, study or work after graduation;

 

  • The stay period for students completing a masters by coursework will be extended permanently to three years to match that of masters by research graduate;

 

  • Vocational Education and Training (VET) sector graduates will also be receiving a two-year Subclass 485 visa.

 

  • Students who spent time completing online studies while offshore will continue to have their study recognised in meeting qualification requirements for the subclass 485 under the extension of existing measures; and

 

  • Streamlined application processing with the removal of the skills occupation list nomination requirements for the subclass 485 from 1 July 2022.

 

TANG LAW is pleased to hear of the Government’s continued recognition of skilled migrant workers and the return of international students to Australia in support of our COVID economic recovery efforts coming into the new year.

 

The Migration Team of TANG LAW has significant experience in preparing and lodging a variety of visa applications. If you would like to see advice on your immigration options, give us a call today and we can help you find the best pathway for your migration journey to Australia.

 

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Exciting New Changes at Australia’s Border

Blog & Articles, Immigration Law, Uncategorized

TANG LAW is pleased to hear of a selection of new, long-awaited updates to border policies in Australia.

International Borders Re-opening

On 1 October 2021, the Australian Government announced its intention to begin the gradual process of opening its international borders conditional on the success of the nationwide vaccination plan for States and Territories reaching 80% full vaccination rates.

NSW will kick off this process from the start of November, with fully vaccinated Australian citizens and permanent residents permitted to leave and re-enter the State still having to quarantine for 14 days and get a negative COVID-19 test within 72 hours upon arrival. These restrictions will be removed upon the state reaching 90% full vaccination levels. Those under 12 years old and exempt from getting the vaccinations will be receiving a ‘recognised vaccination’ permitting them to travel.

However, the implementation and quarantine arrangements of this policy will vary nationwide with many jurisdictions not due to reach the full vaccinate rates until December 2021 and some may enforce home quarantine programs on re-entering Australia. WA Premier Mark McGowan has stated to not expect the State will open its borders until 2022.

Temporary Visa Holders

Under these rules from November, those holding a temporary visa will generally be permitted to leave the country, but still subject to restrictions in re-entering Australia. The Australian Government has yet to make a decision on the following groups of visa holders:

  • Skilled visas;
  • Student visas; or
  • International visitors travelling under an ETA or international visa arrangement.

Therefore, travel to Australia will generally not be open to temporary residents during the initial stages of this border re-opening policy and such changes not expected to be introduced until next year.

Travel Exemptions Update

On 15 October 2021, Prime Minister Scott Morrison announced that parents of Australian citizens and permanent citizens will be classified as immediate family for purposes of travel exemptions to enter Australia.

This is great news for many families who have been seeking options for their mothers and/or fathers to join them in Australia since the start of pandemic restrictions from March 2020. These updates also come as hopeful news for many in time for Christmas celebrations!

The Migration team at TANG LAW has significant experience in preparing and lodging a variety of visa applications. If you would like to seek advice on your immigration options, give us a call today and we can help you find the best pathway for your migration journey to Australia.

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Starick Information Event

Blog & Articles, Migration Law

Last week, Sophie Manera (Partner), Briony Chen (lawyer) and Alexia Avdoulas (law clerk) of the Migration Team at TANG LAW had the opportunity to present at an information event at STARICK. STARICK is a not-for-profit organisation that supports women and children escaping family and domestic violence.

Tang Law would like to extend our appreciation to all the staff in attendance for the great engagement during our presentation addressing visa options for women who are victims and/or survivors of family and domestic violence. The open discussion highlighted many common concerns:

  • Eligibility for a partner visa
  • Special provisions relating to family and domestic violence.
  • How to prove family and domestic violence to the Department of Home Affairs?
  • What happens with a visa or visa application if there is a relationship breakdown?
  • The common myth that a partner/sponsor can enforce a threat to cancel an applicant’s visa or visa application.
  • Other visa options for women including work or study visas based on skill and/or qualifications, or a contributory parent visa.
  • Available resources in the community.

It was also great to hear from members of the ‘Red Cross Financial Assistance Program’ presenting on a new program working to assist all people with temporary visa holders or those with uncertain visa status, experiencing family and domestic violence in need of financial support.

  • (from left to right: Starick CEO – Leanne Barron, Tang Law Partner – Sophie Manera, Tang Law Lawyer – Briony Chen)

Please contact these organisations directly if you are seeking assistance for family and domestic violence matters, or financial assistance as a temporary visa holder/uncertain visa status.

TANG LAW has significant experience in preparing and lodging visa applications. Give us a call today if you would like to know more about your most suitable visa pathway.

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