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Re: Changes to MODL?? Posted on: Thu, 01 Sep 2005 20:45:55 +0000


> Guys,
>
> Actually the question of the relevant date of the MODL is a bit
> unsettled at the moment. The latest court decision suggests it should
> be applied at the date of application (which is the most sensible
> arrangement) - see http://www.austlii.edu.au/cgi-
> bin/disp.pl/au/cases/cth/federal%5fct/2005/230.html and http://www.austlii.edu.au/cgi-
> bin/disp.pl/au/cases/cth/FCAFC/2005/139.html - for those of you put to
> sleep by the legalese, there were initially two separate cases, one
> which said MODL is applied at time of application and one which said
> time of assessment, and both of those were appealled to the Full
> Federal Court which decided in a 2-1 decision to go for time of
> application, but the bad news is that instead of accepting the
> umpires' verdicts DIMIA will probably appeal to the High Court,
> wasting more taxpayers' money.
>
> I should hasten to add that DIMIA effectively awards MODL points these
> days at time of application so it's a dead issue, but anyone whose
> application has been adversely affected in the past by a MODL change
> after application ought to get legal advice.
>
> Cheers,
>
> George Lombard
>
> www.austimmigration.com.au

I would die if they took chefs/cooks off.

Dont let them George :(

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