In the last few years many recognised refugees have seen their Permanent Protection Visa’s (Subclass 866) cancelled on the basis of incorrect information provided at the time of initial asylum claim when they arrived Australia, in most cases illegally by boat.

The Minister has powers under Section 109 of the Migration Act 2001 (the Act) to cancel a visa if he or she finds that the person holding the visa had provided incorrect information in relation to his asylum claim.

Visa cancellation cannot be decided without first going through a natural justice process in which the visa holder is given an opportunity to respond to the allegation of incorrect information. The process initiates from Section 101 of the Act which provides that a non-citizen must complete a visa application in such a way that no incorrect answers are given or provided. If it comes to the Department of Home Affairs (DHA) attention that section 101 has not been complied with, section 107 prescribes certain steps to be taken by the Minister before cancelling the visa. This include a notice of incorrect application sent to the visa holder with particulars of the possible non-compliance and inviting the visa holder to show to the Minister that there was compliance or give reason for the non-compliance.

The via holder usually has to respond with specific time limits. it is important for the visa holder to seek legal advice as soon as possible when the notice is received.

After receipt of response from the visa holder, the Minister has powers under section 108 to decide whether there was a non-compliance by the visa holder and if so the Minister may cancel the visa under section 109 of the Act.

If you have received any such notice from the DHA or know someone who has received such a notice, you may contact us for an obligation free consultation about the notice and the response to be provided to the DHA.

The Scheme is a new initiative from the Australian Government designed to support eligible first home buyers purchase a home sooner. The National Housing Finance and Investment Corporation (NHFIC) will provide a guarantee for eligible first home buyers on low and middle incomes so that they can purchase a home with a deposit of as little as 5%.

There is a catch however! The Scheme will only support up to 10,000 home loans each financial year, starting from 1 January 2020, and NHFIC have appointed a panel of 27 lenders in which you must obtain your finance through. To apply for the scheme, you would lodge your application through one of the participating lenders and their authorised representatives.

What makes you eligible:

• Australian citizens who are at least 18 years of age. Permanent residents are not eligible;
• Applicants must not have previously owned or had an interest in a residential property, either separately or jointly with someone else (this includes residential strata and company title properties, regardless of whether it was an investment or owner-occupied property and whether it was ever lived in);
• Only singles with a taxable income of up to $125,000 per annum and couples with a combined taxable income of up to $200,000 per annum may be eligible;
• Couples are only eligible for the scheme if they are married or in a de facto relationship. Other persons buying together, including siblings, parent/child or friends, are not eligible;
• The Scheme will only apply to Owner Occupied home loans paid on a principal and interest basis (property investment and Interest Only loans are excluded);
• Applicants must have a deposit of between 5% and 20% of the property’s value; and
• Your maximum property purchase price is subject to the suburb and postcode of your new property. You can check the property price threshold for your property’s suburb and postcode using NHFIC’s property price threshold tool.

For full information in relation to the scheme, you can go to the First Home Loan Deposit Scheme website at: https://www.nhfic.gov.au/what-we-do/fhlds.

If you have any questions in relation to the First Home Loan Deposit Scheme or in relation to your Contract whether you are a First Home Owner or not, please feel free to call our office on 07 3236 2852 and one of our team will be able to help you out!