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今天再翻了一下移民部长关于2008年12月17日所发的DIRECTION NO.40 of 2008，发现了一段话，可以解答临居和永居两个签证类别的审理先后顺序问题。现将原文贴出来，然后再解释一下。
1. This Direction may be cited as Direction No. 40 of 2008.
2. This Direction applies to all persons and bodies having powers under the Act to consider and dispose of visa applications for permanent GSM visas, the ENS, and the RSMS. The Direction addresses the processing priority to be given to these visa applications that have been validly made but not yet decided on or before the commencement of this Direction or validly made on or after the commencement of this Direction.
3. This Direction also applies to all persons and bodies having powers under the Act to consider visa applications for provisional GSM visas, Business Skills (Provisional) (Class UR) visas, applications in the Business (Long Stay) visa subclass and applications in the Medical Practitioner (Temporary) class. The Direction addresses the processing priority to be given to these visa applications that have been validly made but not yet decided on or before the commencement of this Direction or validly made on or after the commencement of this Direction.
4. The Direction also applies to all persons and bodies having powers under the Act to consider applications for approval as a standard business sponsor (Business Sponsorship applications), nominations of activities in which an individual is proposed to be employed in Australia (Business Nomination applications), applications for approval of nominated positions as approved appointments (Approved Appointment applications) and applications for the approval of sponsorship for a Medical Practitioner (Temporary) (Class UE) visa. The Direction addresses the processing priority to be given to these applications that have been made but not yet decided on or before the commencement of this Direction or validly made on or after the commencement of this Direction.
5. Visa applications by persons who are seeking to satisfy the secondary criteria
a. as part of a combined application with a visa applicant being assessed against the primary criteria, or
b. on the basis of claiming to be a member of the family unit, the interdependent partner or dependent child of the interdependent partner of an applicant who holds a visa granted on the basis of satisfying the primary criteria for the grant of the visa, in circumstances where this is permitted by the Migration Regulations 1994 (“the Regulations”)
will be accorded the same priority as the visa application which is being, or which has been assessed against the primary criteria, and which the visa application described in this paragraph is made in association with. The relevant priority of the visa application assessed against the primary criteria is as specified in paragraphs 7 and 8 below.
6. The applications referred to in paragraphs 7 and 8 should be processed concurrently, in accordance with the priority allocated in the respective paragraphs. Applications referred to in paragraph 7 should not be given priority over applications referred to in paragraph 8, or vice versa.
7. Visa applications under the permanent GSM Program (excluding the Skilled – Designated area-sponsored Subclass 883 and the Skilled – Regional Subclass 887 visas), the ENS and the RSMS should be given the following priority (with the highest priority first):
(i) persons who are employer sponsored;
(ii) persons who are nominated by a State or Territory government, or who are employer sponsored in a regional or low population growth area of Australia;
(iii) persons whose occupations are listed on the CSL;
(iv) persons whose occupations are listed on the MODL;
(v) all other valid applications in the order in which they are received.
8. Visa applications under the provisional GSM Program, Business (Long Stay) visa subclass, Business Skills (Provisional) (class UR) visas, Medical Practitioner (Temporary) class and applications for Business Sponsorship, Business Nomination and Approved Appointment for the Migration Program should be given the following priority (with the highest priority first):
(i) persons who are nominated by a State or Territory government;
(ii) persons who are sponsored by a family member and whose occupation is listed on the CSL;
(iii) all other valid applications in the order in which they are received.
9. Visa applications under the GSM Program may be affected by a section 85 cap that allows processing to be conducted but prevents grant of a visa. In deciding the order for considering and disposing of visa applications (or reviewing decisions pertaining to such applications) when the cap is lifted, persons or bodies to which this Direction applies should give priority to those visa applications in the order as provided for under paragraphs 7 and 8.
其中第六段有个说明是永居和临居签证是两个平行的审理类别，永居签证按照我在这个系列之一所提到的顺序审理，而临居系列的审理顺序如下：
1.州政府担保类别，例如475和487.
2.亲属担保而且其提名职业在CSL上。
3.其它类别按照收到申请的先后顺序审理。
该DIRECTION特别强调永居和临居签证的两大块不能凌驾在彼此审理的顺序之上，所以是相对独立的两个审理结构。 |
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发表于 17-2-2009 16:48:09
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