In March 2017 the newly elected WA state government removed Perth as a regional area for migration applications. There was some controversy on the state government’s power to do this. Nevertheless, on 17 November 2017 legislative instrument IMMI 17/059 removed the Perth 6006 postcode from the list of regional postcodes.
Following representations from the Migration fraternity at that time, the Department acknowledged that IMMI 17/059 would not be applied retrospectively to applications that had been approved by the Perth RCB before that date. It appears that some applications were dealt with retrospectively and refused.
Appeals against these decisions are currently beginning to filter through the AAT. Logically, Tribunal members are questioning a commitment from the Department that is in opposition to a legislative instrument and without any official Departmental confirmation.
Again following representations from the Migration fraternity , the Department’s Tribunal liaison is communicating with the AAT regarding the Department’s legal interpretation of the Instrument and that it is not intended to be applied retrospectively.