Update on processing of Perth RSMS applications lodged prior to 17 November 2017 when Legislative Instrument IMMI 17/059 (which removes Perth as a “regional” area) comes into effect:   NO RETROSPECTIVITY!

Following my representations to the Assistant Minister and the Department I have just received the following advice from the Department of Immigration and Border Protection:

Hi Kevin,

The new Instrument applies to applications lodged from 17 November and will not be applied retrospectively.

Under the new Instrument [Legislative Instrument IMMI 17/059] the Perth metropolitan area is not considered regional for RSMS applications.

The RSMS applications in the Perth metropolitan area that we have on-hand and lodged before the 13 March 2017 with RCB certification will proceed to assessment.

Those RSMS applications lodged from 13 March 2017 onwards do not have RCB certification as the WA government’s RCB declined to provide certification. These applications will be finalised and as they cannot be approved without RCB certification, will be offered the option to withdraw or be refused.

The department will be sending an e-newsletter shortly with this information.

The department has since confirmed that this means that those applications lodged before 13 March 2017 with RCB certification from Perth will proceed to assessment AND when they are assessed the consideration of sub-subparagraph 5.19(4)(h)(ii)(A), which is a time of decision matter, will use the old Instrument and Perth will be acceptable for those applications.

I trust this information will be of some comfort to many of you and your clients.

Kind regards,

Kevin Lane
National President
Migration Institute of Australia