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Commencement of statutory visa pre-application ballot framework

Validated finding · five-country-2010-20260922-v118-evidence-presentation-fix

CountryAustralia
Operative dateMarch 29, 2024
CategoryRegional agreements & permanent settlement
Policy toolBallot / quota mechanism
Affected groupApplicants for visa classes subject to prescribed ballot criteria

Policy effect

Established a legal framework allowing the Minister to conduct visa pre-application selection ballots and regulations to make selection a visa-application validity requirement, excluding designated protection and humanitarian visa classes.

Conditions and exceptions

Validated condition or limit: Established a legal framework allowing the Minister to conduct visa pre-application selection ballots and regulations to make selection a visa-application validity requirement, excluding designated protection and humanitarian visa classes.

Official source excerpt

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

… slation that is specified in a Schedule to this Act is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this Act has effect according to its terms.Authorised Version C2023A00086 Amendments Schedule 1 No. 86, 2023 Migration Amendment (Australia’s Engagement in the Pacific and Other Measures) Act 2023 3 Schedule 1—Amendments Migration Act 1958 1 Subsection 5(1) Insert: visa pre-application process charge means charge imposed by the Migration (Visa Pre-application Process) Charge Act 2023. 2 After subsection 46(4) Insert: (4A) W … ithout limiting subsection (3) and paragraph (4)(a), the regulations may prescribe, as a circumstance that must exist for an application for a visa of a specified class to be a valid application, that the applicant was selected in accordance with the applicable visa pre-application process conducted under subsection 46C(1). (4B) However, the regulations cannot prescribe criteria mentioned in subsection (4A) for any of the following visas: (a) protection visas; (b) temporary safe haven visas; (c) visas classified by the regulations as: (i) Refugee and Humanitarian (Class XB) visas; or (ii) Temp … orary (Humanitarian Concern) (Class UO) visas; or (iii) Resolution of Status (Class CD) visas. 3 After section 46B Insert: 46C Visa pre-application process (1) The Minister may arrange for a visa pre-application process to be conducted in relation to one or more visas if regulations are in force prescribing criteria mentioned in subsection 46(4A) for those visas.Authorised Version C2023A00086 Schedule 1 Amendments 4 Migration Amendment (Australia’s Engagement in the Pacific and Other Measures) Act 2023 No. 86, 2023 Note: Criteria mentioned in subsection 46(4A) cannot be prescribed for visas me … ntioned in subsection 46(4B). Characteristics of a visa pre-application process (2) A visa pre-application process must involve: (a) the registration of persons as registered participants in the process, so long as those persons meet the eligibility requirements set out in a subsection (14) determination that relates to the process; and (b) registered participants being selected at random. Note 1: This means that: (a) there will be a pool of registered participants in a visa pre-application process; and (b) registered participants will be selected at random from that pool. Note 2: See also sub … OPC66820 - A Migration Amendment (Australia’s Engagement in the Pacific and Other Measures) Commencement Proclamation 2024 I, General the Honourable David Hurley AC DSC (Retd), Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council and under item 1 of the table in subsection 2(1) of the Migration Amendment (Australia’s Engagement in the Pacific and Other Measures) Act 2023, fix 29 March 2024 as the day on which the whole of that Act commences. Signed and Sealed with the Great Seal of Australia on 14 March 2024 David Hurley Governor-General By …
Federal Register of Legislation / Parliament of AustraliaCommencement of statutory visa pre-application ballot frameworkOpen official source
Retrieved from https://www.legislation.gov.au/C2023A00086/asmade/text

Review method

Two separate automated exact-claim source reviews

Automated source validation is not independent human legal review. The finding should not be treated as legal advice. Record repair-fcp3-5b6b541d31f652e0f580. Something wrong? Flag this record.

Other Australia changes operative in 2024