Migration Amendment (2014 Measures No. 1) Regulation 2014

Policy effect

The Migration Amendment (2014 Measures No. 1) Regulation 2014 amended the Migration Regulations 1994 to insert public interest criterion 4020 into various visa subclasses, amend criteria for Subclass 202 (Global Special Humanitarian) visas proposed by minors, and revise English language requirements for Subclass 457 visas.

Official source excerpt

Quoted verbatim from the official source below. Ellipses indicate omitted text.

Measures No. 1) Regulation 2014 i OPC60386 - C Contents 1 Name of regulation ............................................................................ 1 2 Commencement ................................................................................. 1 3 Authority ........................................................................................... 1 4 Schedule(s) ........................................................................................ 1 Schedule 1—Amendments relating to public interest criterion 4020 2 Migration Regulations 1994 2 Schedule 2—Amendments relating to Subclass 202 (Global Special Humanitarian) visas for applicants proposed by minors 3 Migration Regulations 1994 3 Schedule 3—Amendments relating to inserting public interest criterion 4020 into various visa subclasses 4 Migration Regulations 1994 4 Schedule 4—Amendments relating to the release of information to the police 5 Migration Regulations 1994 5 Schedule 5—Amendments relating to English language requirements for Subclass 457 visas 6 Migration Regulations 1994 6 Schedule 6—Amendments relating to transitional arrangements 8 Migration Regulations 1994 8 Federal Register of Legislative Instruments … instrument has effect according to its terms. Federal Register of Legislative Instruments F2014L00286 Schedule 1 Amendments relating to public interest criterion 4020 2 Migration Amendment (2014 Measures No. 1) Regulation 2014 No. 32, 2014 OPC60386 - C Schedule 1—Amendments relating to public interest criterion 4020 Migration Regulations 1994 1 After subclause 4020(2) of Schedule 4 Insert: (2A) The applicant satisfies the Minister as to the applicant’s identity. (2B) The Minister is satisfied that during the period: (a) starting 10 years before the application was made; and (b) ending when the Minister makes a decision to grant or refuse the application; neither the applicant, nor any member of the family unit of the applicant, has been refused a visa because of a failure to satisfy the criteria in subclause (2A). Federal Register of Legislative Instruments F2014L00286 Amendments relating to Subclass 202 (Global Special Humanitarian) visas for applicants proposed by minors Schedule 2 No. 32, 2014 Migration Amendment (2014 Measures No. 1) Regulation 2014 3 OPC60386 - C Schedule 2—Amendments relating to Subclass 202 (Global Special Humanitarian) visas for applicants proposed by minors Migration Regulations 1994 1 Subclause 202.222(1) of Schedule 2 Repeal the subclause, substitute: (1) If: (a) the applicant met the requirements of subclause 202.211(2) at the time of application; and (b) the applicant’s proposer is, or has been, the holder of a Subclass 202 visa; the Minister is satisfied that there are compelling reasons for giving special consideration to granting the applicant a permanent visa having regard to the extent of the applicant’s connection with Australia. Federal Register of Legislative Instruments F2014L00286 Schedule 3 Amendments relating to inserting public interest criterion 4020 into various visa subclasses 4 Migration Amendment (2014 Measures No. 1) Regulation 2014 No. 32, 2014 OPC60386 - C Schedule 3—Amendments relating to inserting public interest criterion 4020 into various visa subclasses Migration Regulations 1994 1 Paragraphs 416.223(a) and 416.323(a) of Schedule 2 After “4014”, insert “, 4020”. 2 Paragraphs 417.221(2)(b) and 462.221(b) of Schedule 2 Omit “and 4019”, substitute “, 4019 and 4020”. 3 Clause 488.223 of Schedule 2 After “4014”, insert “, 4020”. Federal Register of Legislative Instruments F2014L00286 Amendments relating to the release … any information mentioned in subregulation (4) about the person, or a class of such persons, to the Australian Federal Police or the police force or police service of a State or Territory. Federal Register of Legislative Instruments F2014L00286 Schedule 5 Amendments relating to English language requirements for Subclass 457 visas 6 Migration Amendment (2014 Measures No. 1) Regulation 2014 No. 32, 2014 OPC60386 - C Schedule 5—Amendments relating to English language requirements for Subclass 457 visas Migration Regulations 1994 1 Subparagraph 2.72(10)(g)(ii) Repeal the subparagraph, substitute: … (ii) if: (A) the holder would be required to hold a licence, registration or membership that is mandatory to perform the occupation nominated in relation to the holder; and (B) in order to obtain the licence, registration or membership, the holder would need to demonstrate that the holder has undertaken a language test specified by the Minister under subparagraph 457.223(4)(eb)(iv) of Schedule 2 and achieved a score that is better than the score specified for the test by the Minister under subparagraph 457.223(4)(eb)(v) of Schedule 2; the holder demonstrates that he or she has proficiency in English of at least the standard required for the grant (however described) of the licence, registration or membership; 2 Subparagraph 2.72(10)(g)(iv) Repeal the subparagraph, substitute: (iv) unless subparagraph (ii) applies—the holder: (A) has undertaken a language test specified by the Minister under subparagraph 457.223(4)(eb)(iv) of Schedule 2; and (B) achieved within the period specified by the Minister in a legislative instrument for this subparagraph, in a single attempt at the test, the score specified by the Minister under subparagraph 457.223(4)(eb)(v) of Schedule 2; and Federal Register …

Review method

Two separate automated exact-claim source reviews

Other Australia changes operative in 2014

• 2014-04-19Migration Amendment (Credit Card Surcharge) Regulation 2014
• 2014-05-28Migration Amendment Act 2014
• 2014-06-02Migration Amendment (Repeal of Certain Visa Classes) Regulation 2014
• 2014-11-23PIC 4020 exclusion periods disapplied where the refused application was made while under 18
• 2014-11-23Subclass 400 maximum entry window and permitted stay extended from three to six months
• 2014-12-11Migration Amendment (Character and General Visa Cancellation) Act 2014
• 2014-12-12Migration Amendment (2014 Measures No. 2) Regulation 2014
• 2014-12-23Determination of Protection (Class XA) and Refugee and Humanitarian (Class XB) Visas 2014