Are you seeking asylum in Australia?
Under International Treaties, Australia has obligations not to forcibly return, deport or expel a person to a place when there are substantial grounds for believing that the person will be at real risk of specific types of harm.
Refugee and Humanitarian (Protection) Visas
The most common (but not all) categories of asylum seeker applications for Australia are:
(a) Permanent Protection visa applications made onshore in Australia (Subclass 866);
(b) Permanent Humanitarian/Refugee visa applications made outside Australia (Subclass 200,
201 or 202);
(c) Temporary Protection (Subclass 785) or Safe Haven Enterprise visa applications (Subclass
790) made in Australia.
High Court Finds Offshore Processing Legally Valid
A case was brought to the High Court of Australia to test whether offshore detention and processing is allowable under the Australian Commonwealth Constitution. The High Court decided on, 3 February 2016, that there is no constitutional reason why offshore processing should not be allowed.
This means that anyone who may be brought from offshore to the Australian mainland for medical treatment (being one example) can be legally returned to offshore detention centres such as Nauru. This is consistent with the view that the Australian Government has the choice about where to detain a person if they are an unlawful non-citizen – that is they do not have a valid visa. The High Court found that due to lawful arrangements made between the Australian Government and Nauru, it is open to the Government to transfer non-citizens to Nauru to be held there whilst their visa claims are processed.
Article Updated August 2016
Possible Pathway for certain Asylum Seekers to Australian Permanent Residency
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The Skilling Australians Fund (SAF) levy is expected to be implemented in the first quarter of 2018-19, i.e. before 30 September 2018. Once implemented, a nominating employer will be required to pay a training contribution charge, based on the visa being applied for, the proposed visa duration and the turnover of the business.
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