News Letter

Important Decision about the Genuine Temporary Entrant Criterion for Student Visas

The “genuine temporary entrant” criterion, or the    “GTE” as it is commonly known, can present a serious obstacle to applications for student visas          (Subclass 500).

The GTE is imposed by regulation 500.212, and imposes as a requirement for the grant of a student visa that the applicant be a genuine applicant for entry and stay in Australia because the applicant intends genuinely to stay in Australia temporarily; having regard to the applicant’s “circumstances”, immigration history and any other relevant matters.

Man, many (many!) student visa applications have “fallen over” as a result of the applicant’s failure to satisfy the GTE (the number of refusals based on the GTE undoubtedly numbers in the thousands).

That is why a decision handed down on 23 November by Judge Riley of the Federal Circuit Court in Melbourne, Singh v Minister for Immigration & Anor (2018) FCCA 3423 is so potentially significant: it offers a very strong basis on which applicants who have suffered refusals on the basis of the GTE to challenge those refusals in the Federal courts.

As will be known by readers, the Minister has adopted a direction, Direction No. 53, pursuant to the Minister’s powers under section 499 which specifies guidance, binding on all decision-makers, concerning the matters that are to be considered by decision-makers – officers of the Department and the Administrative Appeals Tribunal alike – in assessing whether a particular applicant satisfies the criterion of being a genuine temporary entrant.

What is critically important about Judge Riley’s decision in Singh is that His Honour held that if any of the factors that are listed in Direction No. 53 that are identified as mandatory considerations have not been considered by the Tribunal, then such a failure by the Tribunal may amount to jurisdictional error (which will lead to the case been remitted back to the Tribunal for re-determination).

Judge Riley’s decision in Singh follows in the footsteps of an extremely important decision made late in 2017 by the Full Court of the Federal Court in the case of He v Minister for Immigration and Border Protection (2017) 255 FCR 41; (2017) FCAFC 206.

The He  case involved the refusal of a Partner visa application.

In He, the Full Court held that where a particular legislative scheme identifies a list of factors that must be taken into account by a decision-maker, and the decision-maker does not take into account one or more of those factors, then a conclusion that jurisdictional error has occurred may follow.

Also importantly in He, the Full Court observed that in circumstances where the decision-maker (the Tribunal) has not set out a finding concerning  a “prescribed matter” (mandatory consideration), it may be open for a court to draw an inference that the matter has not been considered.

Judge Riley’s decision in Singh takes the principles that were articulated in He in relation to Regulation 1.15A (concerning the factors to be assessed by a decision-maker in determining whether an applicant and sponsor are in a genuine spousal relationship for the purposes of a Partner visa) and applies them to the GTE.

Direction No. 53 identifies a number of considerations that must be taken into account by a decision-maker in determining whether an applicant for a student visa.

For example, the Direction requires at Paragraph 6 that the decision-maker must have regard to the applicant’s circumstances in their home country; Paragraph 7 requires that the value of the course to the applicant’s future must be considered; and Paragraph 9 provides that in considering the applicant’s circumstances in their home country, the decision –maker must  take into account matters such as whether the economic circumstances of the applicant would present a significant incentive for the applicant not to return to their home country;  whether military service commitments would present a significant incentive for the applicant not to return; and whether there is political and civil unrest in the home country which may induce an applicant to seek a Student visa as a means of remaining in Australia indefinitely.

What happened in Singh, among other things, was that the Tribunal did not consider the matters that were listed as mandatory considerations in Paragraph 9 of Direction No. 53 and did not “weigh those matters in the balance” in determining whether the applicant was a GTE.

Likewise, Judge Riley found that the Tribunal fell into jurisdictional error by not expressly considering or considering “implicitly” or in findings of “greater generality” another mandatory consideration, one that is stated at Paragraph 11(a) of Direction No. 53, namely, whether “the applicant’s ties with Australia would present as a strong incentive to remain in Australia”.

 

GO STUDY Christmas Boat Party – Sydney

For Christmas, all your dreams come true…

Join us on Sunday the 9th of December for our BYO Boat Party! We will be cruising in Sydney Bay from 5 pm so you can enjoy the sunset! Don’t miss this chance to write your name in the GO STUDY history book!

PRICE

Earlybird: $35 + Eventbrite fees (until the 1st of December)

Regular: $40 + Eventbrite fees

 

The ticket includes:

4-hour Sydney cruise (until 9:30 pm)

BYO alcohol & food (bring your own bottle!)

Free finger food

Music and party vibes!

Where: King Street Wharf, The Promenade, 2000 Sydney NSW – 12 minutes walking from Town Hall

 When: Sunday 9th of December at 5:00 pm – the boat will be leaving at 5:30 sharp! Don’t be late!

Newsletter

NINE IN TEN UNI GRADUATES ARE IN FULL TIME JOBS AFTER STUDY 

Almost nine in ten graduates from Australian universities are in full time work three years after graduating, the latest Government figures show. The new data is reported in the 2018 Graduate Outcomes Survey — Longitudinal, Australia’s largest annual survey of higher education graduates in the workforce.
Universities Australia Chief Executive Catriona Jackson said the jobs picture for graduates was looking strong as the labour market continued to pick up across the country.

“A university degree expands your horizons, challenges you and remains one of the surest ways to find full time work, even when the labour market has been doing it tough,” Ms Jackson said.

“Four out of five people with undergraduate qualifications are working in managerial and professional occupations,” she said.

“These are exactly the type of jobs that the Australian Bureau of Statistics says require a Bachelor’s degree or higher.”

The Department of Employment forecasts that professional, scientific and technical services roles will grow by 126,000 jobs in the five years to May 2022. This is the second largest growth of any industry.
In addition to enhanced job prospects, younger university graduates continue to earn a significant wage premium compared to school leavers.

 

 

Which Australian states are targeting international students?

International education is Australia’s third largest exports, trailing only coal and iron ore, to the tune of $28 billion. That’s a pretty significant chunk of cash being flooded into the domestic economy. When people hear these kinds of figures, they naturally assume Melbourne and Sydney would be the two major players in this space in terms of attracting students, and on sheer numbers, they would be right.

However, several Australian states outside of Victoria and New South Wales have put their hand up in recent times, eager for a slice of the international student pie and the influx of finances they bring.

Western Australia

It wasn’t so long ago that the West Australian government removed a migration points advantage for students looking to remain in the state, in a bid to deter overseas students. Now, with international enrolments dropping as students head to other states for their education, the WA government has introduced a new graduate skilled migration list – designed to retain those who’ve earned PhDs, masters and honours with the promise of a pathway into skilled migration.

South Australia

In response to the booming international student market (which trails only wine as the state’s largest export), plans are currently in motion to develop a 36-storey building to house students in the heart of Adelaide. The proposed skyscraper would tower over popular shopping strip Rundle Mall and would be the tallest of its kind in the City of Churches, with the ability to sleep more than 2,800 students.

Queensland

In the rural city of Townsville, there has been a spike of 30 per cent in revenue over the last year as a result of international students flocking to the area. The lure of the Great Barrier Reef has been a contributing factor, with many students interested in science and environmental studies.

 

 

Sri Lanka Festival – 2018:Saturday 10 November

There is one major difference between people who move…

There is one major difference between people who move abroad and those who don’t, according to a recent study

• Living in another country allows people to experience new cultures and beliefs — consequently, they tend to reflect on their own values and cultural background.
• People who relocate to new country tend to have a better sense of self than those who don’t.
• The research also found that moving abroad can lead to increased satisfaction in life and reduced stress.

Living abroad has plenty of incredible benefits including getting to travel to new places, meet new people, and try new things. But, perhaps the greatest benefit of all is the brand-new sense of self you’ll discover along the way.According to a new study by Rice University in conjunction with Columbia University and the University of North Carolina, living abroad increases “self-concept clarity,” meaning those who choose to live in a new country tend to have a better sense of self than those who don’t.

The scientists came to this conclusion after conducting a total of six separate studies that surveyed 1,874 participants in the United States and in international MBA programs. The surveys included participants who lived abroad and those who did not.

According to the research team, living abroad not only provides people with a new sense of self, but can also bring greater life satisfaction and decreased stress, improved job performance and even “enhanced clarity about the types of careers that best match an individual’s strengths and values.”

So what are you waiting for? Make the leap and move somewhere new.

 

 

HOW DOES THE QUALITY OF LIFE IN AUSTRALIA COMPARE WITH OTHER COUNTRIES AROUND THE WORLD? THE SHORT ANSWER IS ‘VERY WELL’.

Australia is a member country of the Organisation for Economic Cooperation and Development (OCED). This organisation promotes policies to improve the economic and social well-being of people around the world. The OCED publishes a Better Life Index which compares the quality of life of its member countries. The Better Life Index looks at areas that directly affect people’s daily lives such as healthcare, schooling, social security, how much leisure time people have, and the amount of taxes people pay.

Australia ranks among the top countries in most areas of the Better Life Index.

Some of the quality of life areas in which we excel or are above the average of other OCED countries are:

• Income– household net adjusted disposable income per capita is higher than the OCED average
• Jobs– over 72% of people aged 15 to 64 have a paid job well above the OECD employment average of 65%
• Working hours– people in Australia work 1,728 hours a year, less than most people in the OECD who work 1,765 hours
• Life expectancy– from birth the Australian life expectancy is almost 82 years of age which is two years higher than in other OCED countries
• Air quality– the level of atmospheric PM10 – tiny air pollutant particles small enough to enter and cause damage to the lungs – is 13.1 micrograms per cubic meter, substantially lower than the OECD average of 20.1 micrograms per cubic meter
• Water quality– 93% of people say they are satisfied with the quality of their water, higher than the OECD average response of 84%
• Community– 93% of Australians believe that they know someone they could rely on in a time of need, higher than the OECD average of 89%
• Life Satisfaction– 83% of Australians say they have more positive than negative experiences in an average day, more than the OECD average of 76%

With such a high standard of quality of life it is no wonder that migration to Australia is increasing. On 26 January 2014 at Australia Day ceremonies around the country 18,000 migrants to Australia became Australian citizens. More than a quarter of the country’s population are born elsewhere.  The latest figures from the Australian Bureau Statistics (ABS) show people born in the United Kingdom continue to be the largest group of Australian residents born overseas followed by New Zealand, China and India.

Australia is an attractive destination for migrants due to its affluence, quality of life and excellent job opportunities.

 

 

Once you have finished your studies

When your studies in Australia come to an end, you have a range of options. Most institutions will provide you with information about your options once you have graduated, as well as advice on returning home, migrating and gaining employment. You might choose to do one of the following:

• Complete further studies
• Return to your home country
• Extend your stay in Australia
• Apply for permanent residency

 

Complete further studies

Many international students choose to stay on in Australia to complete further studies or gain a higher qualification (progressing from a bachelor degree to an honors year or masters degree, for example). Continuing your studies will enable you to maximize your time in Australia and gain more advanced qualifications and skills that will assist you in gaining employment. You may choose to continue studying at your current institution or move to a different institution (or even a different city) to try a new experience.

Return to your home country

If you do not wish to travel, live or work in Australia after you graduate, you will most likely be returning to your home country. After years of living in Australia, it can be difficult to pack everything up and move. You will need to cancel services such as electricity, bank accounts and your mobile phone account; pay final bills; sell any large items that you can’t take home with you; and (if you are renting) end your lease and hand back the keys.

Extend your stay in Australia

If you don’t intend on completing further studies, you may wish to extend your time in Australia to work or travel. While you will no longer receive a student visa, there are a range of other temporary visa options that you can apply for through the Department of Immigration and Border Protection. You may wish to extend your stay for the following reasons; Travel, Attend your graduation ceremony, Take a working holiday, Continue working for your current employer, Gain professional work experience, Develop your skills.

Apply for permanent residency

Many international students enjoy their time in Australia so much that they apply for permanent residency so they can continue to live and work in Australia. You can express your interest in applying for permanent residency through the Department of Immigration and Border Protection’s skill select migration program, which could lead to permanent residency through a Skilled Independent Visa, the Employer Nomination Scheme or the Regional Sponsored Migration Scheme. For more information, see the Migration Australia section.

After having your skills assessed through a points test (resulting in a points score), you may then be invited to apply for a visa. Those students who do not pass the points test or meet the requirements of Skill Select may be able to complete further studies or apply for one of the temporary visa options above to stay in Australia and develop their skills.

 

November 2018 – Saturday 3, 7.00 pm to 9.30 pm 
Music Concert
“Victor & Neela Live”

Which States are targeting overseas Students in Australia?

1. Western Australia: In the recent past, the WA Govt. had removed a migration point advantage for the overseas students willing to settle in the state. This move was taken to deter international students. Naturally, this resulted in the decline in the number of foreign students coming to the state. This led the WA Govt. to introduce a Skilled Graduate Migration List.This list was made to retain students with doctoral degrees, masters, and honors with a promise of transitioning into Permanent Residency.

 

2.  South Australia: The international student market ranks second in the state of SA trailing only the wine                    industry. Plans have been developed to construct a 36-story high-rise in the heart of the capital city, Adelaide.             The skyscraper would be taller than the popular Rundle Mall and would be the tallest of its sort in the city. The           building would be able to house 2800 students, as per Studies in Australia.

 

 

It’s Game on Down Under. Witness the healing power of sport at the Invictus Games Sydney 2018 and show your support for wounded personnel and veterans.

Founded by HRH The Duke of Sussex in 2014, is an international sporting event for wounded, injured and ill servicemen and women, both active duty and veteran. The Games use the power of sport to inspire recovery, support rehabilitation and generate a wider understanding and respect for those who serve. “Invictus” is Latin for unconquered, and it embodies the fighting spirit and resilience of service personnel.

Sydney has been chosen as the host for the 2018 Games, following events in London in 2014, Orlando in 2016, and Toronto in 2017. More than 500 competitors from 18 nations will compete in 11 adaptive sports, hosted at a range of venues including Sydney Olympic Park, NSW Golf Course, and Sydney Harbour. The Games also mark the beginning of the first official royal tour by newlyweds The Duke and Duchess of Sussex who will be travelling to Australia to attend this monumental event.

 

The Phillip Island race track is a sacred place  for any fan of two wheels. Where epic turns are cast against a stunning backdrop. World class athletes race against gravity and mates unite at the track where the piston pounding, adrenaline pumping action is set to return. This is motorcycle racing’s best address.

But book quickly, you will not want to miss the electric atmosphere as riders battle it out for   the Australian Motorcycle Grand Prix.
If you love bikes, round up your mates and get your Island on.

Location – Back Beach Road, Phillip Island, Victoria, 3922

News

WESTERN AUSTRALIA TO ATTRACT INTERNATIONAL STUDENTS FOR SKILLED MIGRATION

• McGowan Government moves to attract more international students to Western Australia
• High achieving graduates attending WA’s universities will be targeted
• Attracting international students boosts the economy and helps creates jobs for Western Australians

An additional Graduate Skilled Migration List will be introduced to attract the best global talent with the advanced qualifications, skills and experience and help grow Western Australia’s share of the international education market. The McGowan Government will give high achieving education graduates – PhD, Masters, Honors and other higher degree graduates – a pathway to skilled migration.

It is expected the changes will attract an increased number of high-quality international students to the State and help grow our share of the international education market.

The State Government’s existing Skilled Migration Occupation List will not be affected, with the policy of not including occupations such as bricklayers, electricians and mechanics remaining in place. Priority consideration for skilled migration under the State Nominated Migration Program will be granted to the best and brightest international students graduating from WA universities. These students are essential to maintaining the competitiveness of Western Australia’s universities in creating knowledge and building capacity for scientific and technological development, and strengthening the future workforce.

Information about eligibility and how to apply will be available on the Department of Training and Workforce Development’s migration portal in coming months at http://www.migration.wa.gov.au. The McGowan Government has also committed $2 million to develop a detailed and comprehensive International Education Strategy, which is expected to be announced later this year.

 

 

Join more than 100,000 pleasure seekers who visit Melbourne to celebrate Australia’s most famous horse race.
Experience the flash, finery and fanfare of the Melbourne Cup Carnival as horses from around the world race for a stake of $6.2 million prize money. Sport, fashion, food and entertainment share the spotlight and the eyes of the world are on Melbourne. So dress up, sip your champagne and hope that you pick a winner.

 

 

 

 

 

Newsletter

Who is the new Federal Minister for Education?

Dan Tehan is preparing to be sworn in as Federal Education Minister, following a cabinet reshuffle that saw former Education Minister Simon Birmingham moved to Trade, Tourism and Investment.
Tehan has yet to outline his agenda as Education Minister, but much has already been made of his Catholic education and ties to Catholic Education Commission of Victoria (CECV) head Stephen Elder, with The Australian newspaper reporting a “good personal relationship” between the two.

As a result, Tehan is expected to help smooth out the Catholic school funding dispute that has dominated education headlines recently.

 

Adelaide City Council considers cost and benefit of multi-day Christmas pageant festival
A PUSH to make Adelaide Australia’s Christmas capital could provide a festive gift of cash from tourism and bring fresh life into the city.

The Adelaide City Council on Tuesday night discussed a proposal from Cr David Slama to look at shifting the annual event to a Sunday as part of a “multi-day tourist attraction”.
Cr Slama said the proposal was aimed at building on the already strong reputation of the pageant, which attracts average crowds of 320,000 people a year.
It would involve joint funding from the council and the State Government — and approval from the pageant organising committee.
Events SA said the focus was delivering this year’s pageant on November 10

 

Mature age student enrolments increase at Australian universities

Adult learners are increasingly filling Australia’s universities, and many of them are stepping into the world of academia for the very first time with two out of every five of mature-age students having not yet already received a bachelor’s degree.

 

SEP21
Victorian Engineering and IT Student Jobs Expo
The Victorian Engineering and IT Student Jobs Expo is on this September at Federation Square. The VEIT Expo is your opportunity to meet employers to discuss job opportunities and graduate programs and to learn more about the tech and engineering industry. Featuring the largest global brands in the world and some of Melbourne’s hottest tech and engineering startups – this is the ultimate event for students, graduates, and mid-career professionals

ALL That Glitters id Black

Location
Arts House, North Melbourne Town Hall, 521 Queensberry Street
North Melbourne VIC 3051
Contact details
03 8662 6300
info@koorieheritagetrust.com
Dates and times
15/09/2018 – Sat: 10pm – 1am
Bookings
Not required
How to get there
Public Transport Victoria
Features
Over 18 events

Come along to a First Nations Dance Party produced by the Koorie Heritage Trust in partnership with the Melbourne Fringe Festival. It will be an all-night dance floor set to paint the city black.

Featuring a non-stop line-up of contemporary music from First Nations artists, this is a celebration of the enduring legacy of First Nations art and music. Featuring DRMNGNW (Neil Morris), Yorta Yorta, MC, instrumentalist, poet, keeper of song, evoking vibrations of lore into the now; beats from Pyemairrenner musician DJ KYAANZ (Kalyani Mumtaz); and a set from Tongberang’i ngarrga expressing their Aboriginal culture through their dance music. The dance party will be accompanied by stunning projections from an upcoming exhibition by Josh Muir.