Hi, I'm trying to understand how DHA is practically...
@oggio (14H ago| Updated 14H ago)Hi,
I'm trying to understand how DHA is practically assessing the "in Australia" vs "outside Australia" distinction under Ministerial Direction 119 for subclass 189 applications.
The Direction refers to whether the primary applicant is "in Australia at the time the application is made", but I have not been able to find any guidance on how this is determined in practice.
For example, if an applicant normally residing abroad visit Australia on an Visitor visa, and lodges a subclass 189 while physically present in Australia before returning overseas, would that application be treated as "in Australia at the time the application is made" for MD119 priority purposes, or would DHA still treat the applicant as offshore because their usual residence remains overseas?
Thank you.