[ { "stableRecordId": "fcp-1645609db464f6eec64e", "countryCode": "AU", "country": "Australia", "title": "MODL bonus-point eligibility restricted for new skilled-migration applications, with graduate-visa transition", "policyEffect": "From 8 February 2010, IMMI 10/001 revoked the general Migration Occupations in Demand List instrument IMMI 08/034 and restricted its replacement occupation list to a transitional group. For new General Skilled Migration applications outside that group, occupations were no longer specified as migration occupations in demand, removing access to the extra points attached to MODL status. The replacement list remained available for subclass 885 Skilled–Independent, subclass 886 Skilled–Sponsored and subclass 487 Skilled–Regional Sponsored applicants who, at commencement on 8 February 2010, either held a subclass 485 Skilled–Graduate visa or had applied for one and that application was not finally determined, provided their relevant 885, 886 or 487 application was made on or before 31 December 2012. The change applied prospectively to new GSM applications; it did not retrospectively remove MODL points from existing applications protected under the existing arrangements. This is one restriction of occupation-based points eligibility, not the later replacement of the Skilled Occupations List or the separately announced points-test review.", "operativeDate": "2010-02-08", "year": 2010, "affectedGroup": "New gsm applicants; retained modl eligibility for specified subclass 885, 886 and 487 applicants with a subclass 485 visa held or pending at commencement and applications made by 31 december 2012", "materialConditionsAndExceptions": "Validated condition or limit: The replacement list remained available for subclass 885 Skilled–Independent, subclass 886 Skilled–Sponsored and subclass 487 Skilled–Regional Sponsored applicants who, at commencement on 8 February 2010, either held a subclass 485 Skilled–Graduate visa or had applied for one and that application was not finally determined, provided their relevant 885, 886 or 487 application was made on or before 31 December 2012.; This is one restriction of occupation-based points eligibility, not the later replacement of the Skilled Occupations List or the separately announced points-test review.", "policyCategory": "Admission", "policyTool": "Points system / occupation shortages list", "sourceName": "Australian Federal Register of Legislation and Department of Foreign Affairs and Trade", "sourceUrl": "https://www.legislation.gov.au/F2010L00297/asmade/2010-02-08/text/original/pdf", "preciseCitation": "IMMI 10/001 (F2010L00297), paragraphs 1–2, commencement and Schedule; predecessor IMMI 08/034 (F2008L01524); full IMMI 10/001 explanatory statement; official 8 February 2010 ministerial release and speech.", "evidencePassage": "IMMI 10/001 Commonwealth of Australia Migration Regulations 1994 MIGRATION OCCUPATION IN DEMAND (REGULATION 1.03) I, CHRIS EVANS, Minister for Immigration and Citizenship, acting under the definition of migration occupation in demand in regulation 1.03 of the Migration Regulations 1994 (‘the Regulations’): 1. REVOKE Instrument Number IMMI 08/034 signed on 7 May 2008 specifying migration occupations in demand for the purposes of the definition of migration occupation in demand in regulation 1.03 of the Regulations; AND 2. SPECIFY each skilled occupation referred to in the Schedule to this Instrument as a migration occupation in demand for the purposes of the definition of migration occupation in demand in regulation 1.03 of the Regulations for applicants of Subclass 885 Skilled – Independent, Subclass 886 Skilled – Sponsored and Subclass 487 Skilled – Regional Sponsored visas who: (i) held a Subclass 485 Skilled – Graduate visa at the date of commencement of this instrument; or (ii) had made an application for a Subclass 485 Skilled – Graduate visa that is not finally determined at the date of commencement of this instrument; and who made their application on or before 31 December 2012. This Instrument, IMMI 10/001, commences on 8 February 2010. Dated 4 February 2010 CHRIS EVANS Minister for Immigration and Citizenship [NOTE: Regulation 1.03 provides that a migration occupation in demand means a skilled occupation that is specified by an instrument in writing as a migration occupation in demand.] Page 1 of 4 Federal Register of Legislative Instruments F2010L00297 Schedule MIGRATION OCCUPATIONS IN DEMAND ASCO Code Managers and Administrators Child Care Coordinator 1295-11 Engineering Manager 1221-11 Professionals Accountant 2211-11 Anaesthetist 2312-11 Architect 2121-11 Chemical Engineer 2129-17 Civil Engineer 2124-11 Computing Professional – specialising in C++/C#/C 2231-79 Computing Professional – specialising in Data 2231-79 Warehousing Computing Professional – specialising in CISSP 2231-79 Computing Professional – specialising in Java 2231-79 Computing Professional – specialising in J2EE 2231-79 Computing Professional – Linux 2231-79 Computing Professional – .Net technologies 2231-79 Computing Professional – specialising in Network 2231-79 Security/ Firewall/ Internet Security Computing Professional – specialising in Oracle 2231-79 Computing Professional – specialising in PeopleSoft 2231-79 Computing Professional – specialising in SAP 2231-79 Computing Professional – specialising in SIEBEL 2231-79 (especially Siebel Analytic) Computing Professional – Solaris 2231-79 Computing Professional – Unix 2231-79 Dental Specialist 2381-13 Dentist 2381-11 Dermatologist 2312-13 Electrical Engineer 2125-11 Electronics Engineer 2125-13 Emergency Medicine Specialist 2312-15 External Auditor 2212-11 General Medical Practitioner 2311-11 Hospital Pharmacist 2382-11 Mechanical Engineer 2126-11 Medical Diagnostic Radiographer 2391-11 Mining Engineer (excluding … 2127-11 Obstetrician and Gynaecologist 2312-17 Page 2 of 4 Federal Register of Legislative Instruments F2010L00297 Occupational Therapist 2383-11 Ophthalmologist 2312-19 Optometrist 2384-11 Paediatrician 2312-21 Pathologist 2312-23 Petroleum Engineer 2127-13 Physiotherapist 2385-11 Podiatrist 2388-11 Psychiatrist 2312-27 Quantity Surveyor 2122-11 Radiologist 2312-29 Registered Mental Health Nurse 2325-11 Registered Midwife 2324-11 Registered Nurse 2323-11 Retail Pharmacist 2382-15 Specialist Medical Practitioners (not elsewhere 2312-79 classified) Specialist Physician 2312-25 Speech Pathologist 2386-11 Sonographer 2391-17 Surgeon 2312-31 Surveyor 2123-13 Associate Professionals Chef (excluding Commis Chef) 3322-11(part) Dental Technician 3492-15 Tradespersons and Related Workers Aircraft Maintenance Engineer (Avionics) 4114-15 Aircraft Maintenance Engineer (Mechanical) 4114-11 Automotive Electrician 4212-11 Baker 4512-11 Binder and Finisher 4913-11 Boat Builder and Repairer 4981-13 Bricklayer 4414-11 Cabinetmaker 4922-11 Carpenter 4411-13 Carpenter and Joiner 4411-11 Cook 4513-11 Drainer 4431-15 Electrical Powerline Tradesperson 4313-11 Electrician (Special Class) 4311-13 Electronic Equipment Tradesperson 4315-11 Fibrous Plasterer 4412-11 Fitter 4112-11 Floor Finisher 4423-11 Furniture Finisher 4929-13 Page 3 of 4 Federal Register of Legislative Instruments F2010L00297 Furniture Upholsterer 4942-11 Gasfitter 4431-13 General Electrician 4311-11 General Plumber 4431-11 Hairdresser 4931-11 Joiner 4411-15 Landscape Gardener 4623-13 Lift Mechanic 4311-15 Locksmith 4115-15 Mechanical Services and Air-conditioning Plumber 4431-19 Metal Fabricator 4122-11 Metal Machinist (First Class) 4112-13 Motor Mechanic 4211-11 Optical Mechanic 4999-11 Painter and Decorator 4421-11 Panel Beater 4213-11 Pastry Cook 4512-13 Pressure Welder 4122-13 Refrigeration and Air-conditioning Mechanic 4312-11 Roof Plumber 4431-17 Roof Slater and Tiler 4413-11 Solid Plasterer 4415-11 Sheetmetal Worker (First Class) 4124-11 Stonemason 4416-13 Toolmaker 4113-11 Tree Surgeon 4623-15 Vehicle Body Maker 4215-11 Vehicle Painter 4214-11 Wall and Floor Tiler 4416-11 Welder (First Class) 4122-15 Page 4 of 4 Federal Register of Legislative Instruments F2010L00297 IMMI 10/001 EXPLANATORY STATEMENT Migration Regulations 1994 MIGRATION OCCUPATIONS IN DEMAND (REGULATION 1.03) 1. This Instrument is made under regulation 1.03 of the Migration Regulations 1994 (‘the Regulations’), and specifies the definition of ‘migration occupation in demand’. 2. Regulation 1.03 of the Regulations provides that ‘migration occupation in demand’ in relation to one or more Classes or Subclasses of visa, means a skilled occupation that is specified by the Minister in an instrument in writing. 3. The purpose of the Instrument is to negate the influence of migration occupations in demand on General Skilled Migration (GSM) visas. It is expected that the new instrument will help curb the skew of GSM applications", "reviewMethod": "Source-based draft with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-b18caa8d3725ffaf0688", "countryCode": "AU", "country": "Australia", "title": "Introduction of Public Interest Criterion 4020 (Integrity and Fraud Prevention)", "policyEffect": "Introduced Public Interest Criterion (PIC) 4020 into the Migration Regulations, establishing mandatory refusal criteria for applicants who provide bogus documents or information that is false or misleading in a material particular in visa applications [3.1.3].", "operativeDate": "2011-04-02", "year": 2011, "affectedGroup": "All visa applicants", "materialConditionsAndExceptions": "", "policyCategory": "Legal entry and stay", "policyTool": "Fraud control / visa eligibility criteria", "sourceName": "Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/Details/F2011L00336", "preciseCitation": "Select Legislative Instrument 2011 No. 13; Migration Amendment Regulations 2011 (No. 1) (Cth)", "evidencePassage": "Trainee) visa [2] Paragraph 1.40 (3) (a) omit courses or an occupational trainee insert courses, or an applicant for a Subclass 442 (Occupational Trainee) visa [3] Subparagraph 2.03A (3) (a) (iii) omit UT insert TU Federal Register of Legislative Instruments F2011L00336 Schedule 3 Amendments relating to public interest criteria 12 Migration Amendment Regulations 2011 (No. 1) 2011, 13 Schedule 3 Amendments relating to public interest criteria (regulation 5) [1] Schedule 2, clause 495.220 omit 495.224, [2] Schedule 2, clause 496.221 omit 496.227 insert 496.228 [3] Schedule 4, Part 1, after clause 4019 insert 4020 (1) There is no evidence before the Minister that the applicant has given, or caused to be given, to the Minister, an officer, the Migration Review Tribunal, a relevant assessing authority or a Medical Officer of the Commonwealth, a bogus document or information that is false or misleading in a material particular in relation to: (a) the application for the visa; or (b) a visa that the applicant held in the period of 12 months before the application was made. (2) The Minister is satisfied that during the period: (a) starting 3 years before the application was made; and (b) ending when the Minister makes a decision to grant or refuse the application; the applicant and each member of the family unit of the applicant has not been refused a visa because of a failure to satisfy the criteria in subclause (1). Federal Register of Legislative Instruments F2011L00336 Amendments relating to public interest criteria Schedule 3 2011, 13 Migration Amendment Regulations 2011 (No. 1) 13 (3) To avoid doubt, subclauses (1) and (2) apply whether or not the Minister became aware of the bogus document or information that is false or misleading in a material particular because of information given by the applicant. (4) The Minister may waive the requirements of any or all of paragraphs (1) (a) or (b) and subclause (2) if satisfied that: (a) compelling circumstances that affect the interests of Australia; or (b) compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen; justify the granting of the visa. (5) In this clause: information that is false or misleading in a material particular means information that is: (a) false or misleading at the time it is given; and (b) relevant to any of the criteria the Minister may consider when making a decision on an application, whether or not the decision is made because of that information. Note Regulation 1.03 defines bogus document as having the same meaning as in section 97 of the Act. [4] Further amendments Provision omit insert Paragraphs 487.228 (a), 487.230 (d), and 487.324 (a) 4004 and 4010 4004, 4010 and 4020 Clauses 495.225 and 495.322 4005 and 4010 4005, 4010 and 4020 Paragraphs 175.223 (a), 175.225 (d), 175.322 (a), 176.224 (a), 176.226 (d), 176.322 (a), 475.224 (a), 475.226 (d), 475.322 (a), 476.222 (a), 476.224 (d), 476.322 (a), 485.224 (a), 485.226 (d), 485.322 (a), 495.229 (a), 885.224 (a), 885.226 (d), 885.322 (a), 886.225 (a), 886.227 (d) and 886.322 (a) Paragraphs 887.223 (a), 887.225 (a) and 887.322 (a) 4007 and 4010 4007, 4010 and 4020 Federal Register of Legislative Instruments F2011L00336 Schedule 3 Amendments relating to public interest criteria 14 Migration Amendment Regulations 2011 (No. 1) 2011, 13 Provision omit insert Clauses 496.228, 496.324, 880.225, 880.322, 881.228, 881.324, 882.228, 882.229, 882.324 and 883.225 4009 and 4010 4009, 4010 and 4020 Subclauses 880.227 (1) and 881.229 (1) Paragraphs 119.223 (a), 119.225 (1) (a), 119.322 (a), 121.224 (a), 121.226 (1) (a), 121.322 (a), 496.231 (a), 856.223 (1) (a), 856.225 (1) (a), 856.322 (1) (a), 857.223 (1) (a), 857.225 (1) (a) and 857.322 (1) (a) Subparagraphs 883.228 (a) (i), 883.228 (a) (ii), 883.324 (a) (i) and 883.324 (a) (ii) Paragraphs 457.224 (a), 457.227 (1) (a) and 457.325 (a) 4013 and 4014 4013, 4014 and 4020 [5] Further amendments — omissions The following clauses are omitted:  175.222  176.223  475.223  476.221  485.223  487.227  495.224  496.227  880.224  881.226  882.226  883.223  885.223  886", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-22c7ac28fd39eeb28654", "countryCode": "AU", "country": "Australia", "title": "New General Skilled Migration Points Test and English Language Evidence Rules", "policyEffect": "Implemented a reformed points test for General Skilled Migration focusing on higher educational attainment, superior English proficiency, and skilled employment history, alongside standardized English language testing timing rules.", "operativeDate": "2011-07-01", "year": 2011, "affectedGroup": "Skilled immigrants", "materialConditionsAndExceptions": "", "policyCategory": "Labour migration", "policyTool": "Points system / visa selection mechanism", "sourceName": "Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/Details/F2011L00966", "preciseCitation": "Select Legislative Instrument 2011 No. 74; Migration Amendment Regulations 2011 (No. 3) (Cth)", "evidencePassage": "Schedule applies. Federal Register of Legislative Instruments F2011L00966 Amendments relating to the points test Schedule 1 2011, 74 Migration Amendment Regulations 2011 (No. 3) 13 [26] After Schedule 6B insert Schedule 6C General points test for General Skilled Migration visas — applications on or after 1 July 2011 and other specified applications (regulation 2.26AB) Note Regulation 2.26AB identifies the applications to which this Schedule applies. Part 6C.1 Age qualifications Column 1 Item Column 2 The applicant’s age at time of application is ... Column 3 No. of points 6C11 not less than 18 … and under 25 25 6C12 not less than 25 and under 33 30 6C13 not less than 33 and under 40 25 6C14 not less than 40 and under 45 15 Part 6C.2 English language qualifications Column 1 Item Column 2 The applicant has ... Column 3 No. of points 6C21 superior English 20 6C22 proficient English 10 Federal Register of Legislative Instruments F2011L00966 Schedule 1 Amendments relating to the points test 14 Migration Amendment Regulations 2011 (No. 3) 2011, 74 Part 6C.3 Overseas employment experience qualifications Column 1 Item Column 2 The applicant has been employed outside Australia ... Column 3 No … related skilled occupation; for a period totalling at least 12 months in the 48 months immediately before the day on which the application was made 5 Part 6C.7 Educational qualifications Column 1 Item Column 2 The applicant has ... Column 3 No. of points 6C71 met the requirements for: (a) the award of a doctorate by an Australian educational institution; or (b) the award of a doctorate, by another educational institution, that the Minister is satisfied is of a recognised standard 20 6C72 met the requirements for: (a) the award of at least a bachelor degree by an Australian educational institution", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-8a49f7badba2e7cee928", "countryCode": "AU", "country": "Australia", "title": "Restriction on Migration Review Tribunal Fee Waivers", "policyEffect": "Amended regulation 4.13(4) of the Migration Regulations 1994 to remove the authority to waive application fees entirely for Migration Review Tribunal (MRT) reviews, replacing full waivers with a maximum 50 percent fee reduction in cases of severe financial hardship.", "operativeDate": "2011-07-01", "year": 2011, "affectedGroup": "Visa applicants / review applicants", "materialConditionsAndExceptions": "Validated condition or limit: Amended regulation 4.13(4) of the Migration Regulations 1994 to remove the authority to waive application fees entirely for Migration Review Tribunal (MRT) reviews, replacing full waivers with a maximum 50 percent fee reduction in cases of severe financial hardship.", "policyCategory": "Legal entry and stay", "policyTool": "Merits review appeal fees / administrative criteria", "sourceName": "Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/Details/F2011L01376", "preciseCitation": "Select Legislative Instrument 2011 No. 122; Migration Amendment Regulations 2011 (No. 4) (Cth)", "evidencePassage": "Migration Amendment Regulations 2011 (No. 4). 2 Commencement These Regulations commence on 1 July 2011. 3 Amendment of Migration Regulations 1994 (1) Schedule 1 amends the Migration Regulations 1994. (2) The amendments made by Schedule 1 apply in relation to an application, made on or after 1 July 2011, for review by the Migration Review Tribunal of a decision. Schedule 1 Amendments (regulation 3) [1] Subregulation 4.13 (4) substitute (4) If the Registrar, or a Deputy Registrar, of the Tribunal, or another officer of the Tribunal authorised in writing by the Registrar, is satisfied that the payment of the fee mentioned in subregulation (1) has caused, or is likely to cause, severe financial hardship to the review applicant, the Registrar, Deputy Registrar or officer may determine that the fee payable is 50% of the amount mentioned in subregulation (1). Federal Register of Legislative Instruments F2011L01376 Amendments Schedule 1 2011, 122 Migration Amendment Regulations 2011 (No. 4) 3 [2] Subregulation 4.14 (1) substitute (1) The table sets out: (a) circumstances in which all or part of the amount of the fee for an application for review of a decision is to be refunded; and (b) the amount", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp5-02357d7cc27040a494b2", "countryCode": "AU", "country": "Australia", "title": "Statutory Implementation of the Complementary Protection Framework", "policyEffect": "Operatively commenced statutory criteria under section 36(2)(aa) of the Migration Act 1958, allowing non-citizens who do not meet the 1951 Refugee Convention definition to be granted a Protection visa (Class XA) if there are substantial grounds for believing that, as a necessary and foreseeable consequence of being removed to a receiving country, there is a real risk they will suffer significant harm. Phase scope: Nationwide implementation across all protection visa adjudications from 24 March 2012.", "operativeDate": "2012-03-24", "year": 2012, "affectedGroup": "Asylum seekers and protection visa applicants", "materialConditionsAndExceptions": "", "policyCategory": "Asylum and protection", "policyTool": "Complementary protection status / protection visa criterion", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://legislation.gov.au/Details/C2011A00121", "preciseCitation": "Federal Register of Legislation, Migration Amendment (Complementary Protection) Act 2011 (No. 121, 2011) / Proclamation F2012L00650", "evidencePassage": "that is inconsistent with the Articles of the Covenant; but does not include an act or omission arising only from, inherent in or incidental to, lawful sanctions that are not inconsistent with the Articles of the Covenant. 10 At the end of subparagraph 5A(3)(j)(ii) Add “or”. 11 After subparagraph 5A(3)(j)(ii) Insert: (iii) an offshore entry person who makes a claim for protection on the basis that the person will suffer significant harm; 12 After paragraph 36(2)(a) Insert: (aa) a non-citizen in Australia (other than a non-citizen mentioned in paragraph (a)) to whom the Minister is satisfied Australia has protection obligations because the Minister has substantial grounds for believing that, as a necessary and foreseeable consequence of the non-citizen being removed from Australia to a receiving country, there is a real risk that the non-citizen will suffer significant harm; or 13 At the end of subsection 36(2) Add: ; or (c) a non-citizen in Australia who is a member of the same family unit as a non-citizen who: (i) is mentioned in paragraph (aa); and (ii) holds a protection visa. 14 After subsection 36(2) Insert: ComLaw Authoritative Act C2011A00121 Schedule 1 Amendments 8 Migration … Amendment (Complementary Protection) Act 2011 No. 121, 2011 (2A) A non-citizen will suffer significant harm if: (a) the non-citizen will be arbitrarily deprived of his or her life; or (b) the death penalty will be carried out on the non-citizen; or (c) the non-citizen will be subjected to torture; or (d) the non-citizen will be subjected to cruel or inhuman treatment or punishment; or (e) the non-citizen will be subjected to degrading treatment or punishment. (2B) However, there is taken not to be a real risk that a non-citizen will suffer significant harm in a country if the Minister is satisfied … protection visa, or to cancel a protection visa, relying on: (i) one or more of the following Articles of the Refugees Convention, namely, Article 1F, 32 or 33(2); or (ii) paragraph 36(2C)(a) or (b) of this Act; 34 Paragraph 500(4)(c) Repeal the paragraph, substitute: (c) a decision to refuse to grant a protection visa, or to cancel a protection visa, relying on: (i) one or more of the following Articles of the Refugees Convention, namely, Article 1F, 32 or 33(2); or (ii) paragraph 36(2C)(a) or (b) of this Act. 35 Application The amendments made by this Schedule apply in relation to an application for a protection visa (within the meaning of the Migration Act 1958): (a) that is made on or after the day on which this item commences; or (b) that is not finally determined (within the meaning of subsection 5(9) of that Act) before the day on which this item commences. ComLaw Authoritative Act C2011A00121 Migration Amendment (Complementary Protection) Act 2011 No. 121, 2011 13 [Minister’s second reading speech made in— House of Representatives on 24 February 2011 Senate on 14 June 2011] (25/11) ComLaw Authoritative Act C2011A00121", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "recall-770d76622eebcbed4dd5", "countryCode": "AU", "country": "Australia", "title": "Nauru designated for offshore regional processing", "policyEffect": "The Minister designated the Republic of Nauru as a regional processing country under subsection 198AB(1) of the Migration Act 1958, enabling asylum seekers arriving by boat to be sent there for offshore processing.", "operativeDate": "2012-09-12", "year": 2012, "affectedGroup": "People arriving in Australia by boat who may be transferred for regional processing", "materialConditionsAndExceptions": "Validated condition or limit: The designation was made under Migration Act 1958 subsection 198AB(1) and enabled transfer to Nauru for regional processing.", "policyCategory": "Enforcement", "policyTool": "Executive Instrument", "sourceName": "aph.gov.au", "sourceUrl": "https://aph.gov.au/Parliamentary_Business/Committees/Joint/Human_Rights/Scrutiny_reports/2013/2013/92013/e01", "preciseCitation": "F2012L01851; operative 2012-09-12.", "evidencePassage": "ed into Parliament in September 2011, ie prior to the passage of the *Human Rights (Parliamentary Scrutiny) Act 2011* (HR(PS) Act). Government amendments to the bill (to enable offshore processing in a designated ‘regional processing country’ in line with the expert panel recommendations) were introduced on 14 August 2012. Amendments to bills are not technically required to be accompanied by a statement of compatibility under [section 9](http://www.austlii.edu.au/au/legis/cth/numact/hrsa2011409/s9l) of the HR(PS) Act; however the committee has indicated that it would be good practice to do so particularly where the amendments have the potential to impact on human rights . | 17 Aug 2012 | | *Migration Act 1958 - Instrument of Designation of the Republic of Nauru as a Regional Processing Country under subsection 198AB(1) of the Migration Act 1958 - September 2012* \\[F2012L01851] | | Not required. The instrument does not come within the definition of a disallowable legislative instrument under section 42 of the *Legislative Instruments Act 2003* (LI Act). Section 9 of the HR(PS) Act only requires statements for legislative instruments within the meaning of section 42 of the LI Act. The committee’s mandate to examine legislative instruments, however, is not tied to the section 42 definition. | 12 Sep 2012 | | *Migration Act 1958 - Instrument of Designation of the Independent State of Papua New Guinea as a Regional Processing Country under subsection 198AB(1) of the Migration Act 1958 - October 2012* \\[F2012L02003] | | Not required. The instrument does not come within the definition of a disallowable legislative instrument under section 42 of", "reviewMethod": "Official-source recall audit with Gemini 3.8 Flash and evidence-supervisor publication adjudication", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "record-measure-16789b04868596fd0000f45f", "countryCode": "AU", "country": "Australia", "title": "Subclass 457 (Temporary Work (Skilled)) visa", "policyEffect": "Subclass 457 (Temporary Work (Skilled)) visa", "operativeDate": "2012-11-24", "year": 2012, "affectedGroup": "Subclass 457 visa holders", "materialConditionsAndExceptions": "Recorded validated scope: visa nomenclature change.", "policyCategory": "Migration policy", "policyTool": "", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2012L02041", "preciseCitation": "", "evidencePassage": ")) visa includes a Subclass 420 (Entertainment) visa. Note Amendments of these Regulations that commenced on 24 November 2012 renamed the Subclass 420 (Entertainment) visa. [14] Regulation 1.03 insert Subclass 457 (Business (Long Stay)) visa includes a Subclass 457 (Temporary Work (Skilled)) visa. Note Amendments of these Regulations that commenced on 24 November 2012 renamed the Subclass 457 (Business (Long Stay)) visa. [15] Regulation 1.03 insert Subclass 457 (Temporary Work (Skilled)) visa includes a Subclass 457 (Business (Long Stay)) visa. Note Amendments of these Regulations that commenced on 24 November 2012 renamed the Subclass 457 (Business (Long Stay)) visa. [16] Regulation 1.03 insert training and research sponsor means a person who: (a) is an approved sponsor; and (b) is approved as a sponsor in relation to the training and research sponsor class by the Minister under subsection 140E (1) of the Act. Note Approved sponsor is defined in subsection 5 (1) of the Act. [17] Subparagraph 1.08 (d) (i) omit Subclass 457 (Business (Long Stay)) visa Federal Register of Legislative Instruments F2012L02041 Amendments of Migration Regulations 1994 Schedule 1 2012, 238 Migration Legislation Amendment Regulation 2012 (No. 4) 7 insert Subclass 457 (Temporary Work (Skilled)) visa [18] Subregulation 1.12 (10) omit Subclass 457 (Business (Long Stay)) visa insert Subclass 457 (Temporary Work (Skilled)) visa [19] Paragraph 1.12 (11) (a) omit each mention of Subclass 457 (Business (Long Stay)) visa insert Subclass 457 (Temporary Work (Skilled)) visa [20] Paragraph 1.12 (12) (a) omit each mention of Subclass 457 (Business (Long Stay)) visa insert Subclass 457 (Temporary Work (Skilled)) visa [21] Regulation 1.16B omit [22] Paragraphs 1.20 (4) (ea) to (ec) omit [23] Paragraph 1.20 (4", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp5-7bcd04a2de618a7352f4", "countryCode": "AU", "country": "Australia", "title": "Introduction of the Post-Study Work stream in the Temporary Graduate visa", "policyEffect": "On 23 March 2013, Schedule 2 to Migration Legislation Amendment Regulation 2013 (No. 1) renamed Subclass 485 and created a Post-Study Work stream alongside the Graduate Work stream. The former Skilled–Graduate criteria required a nominated skilled occupation, closely related qualifications and a suitable skills assessment. The new Post-Study Work primary criteria do not impose that occupation nomination or skills-assessment requirement; those requirements remain in the Graduate Work stream. This record covers the opening Post-Study Work route and its applicable primary eligibility conditions, not the regulation’s separate tribunal, student-cancellation or humanitarian amendments. A primary applicant must nominate only one stream, be under 50, and hold or have held their first Student Temporary (Class TU) visa granted on the basis of an application made on or after 5 November 2011. A first visa granted after that date from an earlier application does not meet this condition. The applicant must also satisfy one of the four visa-status gateways in item 1229(4): hold an eligible student visa; hold Bridging A or B granted from a valid application for a non-excluded visa and have held an eligible student visa within the preceding six months; hold a non-excluded substantive visa and have held an eligible student visa within those six months; or have been taken under the specified Migration Act notification provisions to have been notified, no more than 28 days before applying, that the Migration Review Tribunal set aside and substituted a refusal to revoke cancellation of the eligible student visa. The excluded visas for the bridging/substantive alternatives are Subclasses 570, 571, 575 and 576, and 572/573/574 applications involving the specified government or multilateral funded study, or AusAID/Defence-approved scholarship or training, with a condition to leave Australia on completion. The separate eligible-student-visa definition also excludes specified older Subclass 560 and 562/563 arrangements and related family holders, and specified 572/573/574 funded return-home arrangements and related family holders; it is not every student visa. A primary applicant must apply in Australia, outside immigration clearance, using the prescribed application method and paying the prescribed charge. The Post-Study Work qualification must be one specified by IMMI 13/013: an AQF level 7 or higher Bachelor, Bachelor with Honours, Masters by Coursework, Masters by Research, Masters (Extended), or Doctoral degree. IMMI 13/031 specifies Australian universities and non-university education providers that are registered on CRICOS and offer degree-level or higher courses. The applicant must have satisfied the Australian study requirement in the six months immediately before applying. Regulation 1.15F requires completed Australian qualifications from registered courses involving at least 16 calendar months and at least two academic years of study, instruction entirely in English, undertaken in Australia while holding a visa authorising study. Completion means meeting academic requirements, without requiring formal conferral. The common primary criteria prohibit previously holding a Subclass 476 or 485 granted on primary criteria. At application there must be evidence of competent English, of an AFP-check application within the preceding 12 months for the applicant and each included person aged at least 16, of medical-examination arrangements for every included person, and of adequate Australian health-insurance arrangements for the primary applicant, maintained since application. Applicable public-interest, family-member and special-return criteria in clauses 485.216–485.217 and any maximum-grant determinations in 485.218 still apply. Primary applicants and family members who applied jointly must be in Australia at grant. Family members have the separate secondary criteria in 485.3; the primary eligibility route is not an automatic entitlement for every family member. Health-insurance condition 8501 is mandatory. The contemporaneous ministerial explanatory statement describes the new stream’s duration policy as two years for Bachelor, Bachelor with Honours, Masters by Coursework or Masters (Extended), three years for Masters by Research and four years for Doctoral graduates. This is the official 2013 policy explanation, not an unconditional statutory guarantee: operative clause 485.511 permits stay until a date specified by the Minister. The record does not infer an automatic fixed term irrespective of the grant decision, or claim that later duration rules applied at commencement.", "operativeDate": "2013-03-23", "year": 2013, "affectedGroup": "International tertiary education graduates", "materialConditionsAndExceptions": "Validated condition or limit: The former Skilled–Graduate criteria required a nominated skilled occupation, closely related qualifications and a suitable skills assessment.; The new Post-Study Work primary criteria do not impose that occupation nomination or skills-assessment requirement; This record covers the opening Post-Study Work route and its applicable primary eligibility conditions, not the regulation’s separate tribunal, student-cancellation or humanitarian amendments.; A primary applicant must nominate only one stream, be under 50, and hold or have held their first Student Temporary (Class TU) visa granted on the basis of an application made on or after 5 November 2011.; A first visa granted after that date from an earlier application does not meet this condition.; The applicant must also satisfy one of the four visa-status gateways in item 1229(4): hold an eligible student visa; hold Bridging A or B…", "policyCategory": "Labour migration / international students", "policyTool": "Post-study work permit / entry visa", "sourceName": "Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2013L00490/asmade/2013-03-19/text/original/pdf", "preciseCitation": "SLI No. 33 of 2013, section 2 and complete Schedule 2; IMMI 13/013 and IMMI 13/031; opening-day regulation 1.15F and eligible-student-visa definition; prior item 1229 and Part 485; contemporaneous ministerial explanatory statement introduction.", "evidencePassage": "Migration Legislation Amendment Regulation 2013 (No. 1) Select Legislative Instrument No. 33, 2013 I, Quentin Bryce, Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation under the Migration Act 1958. Dated 14 March 2013 Quentin Bryce Governor-General By Her Excellency’s Command Brendan O’Connor Minister for Immigration and Citizenship OPC50365 - 14 Federal Register of Legislative Instruments F2013L00490 Federal Register of Legislative Instruments F2013L00490 Contents 1 Name of regulation ............................................................................ 1 2 Commencement ................................................................................. 1 3 Authority ........................................................................................... 1 4 Schedule(s) ........................................................................................ 2 Schedule 1—Amendments relating to Tribunal fees 3 Migration Regulations 1994 3 Schedule 2—Amendments relating to post-study work arrangements and other matters 7 Migration Regulations 1994 7 Schedule 3—Amendments relating to cancellation of student visas 23 Migration Regulations 1994 23 Schedule 4—Amendments relating to Tribunals 24 Migration Regulations 1994 24 Schedule 5—Amendments relating to migration agents 34 Migration Agents Regulations 1998 34 Schedule 6—Amendments relating to transitional arrangements 44 Migration Regulations 1994 44 No. 33, 2013 Migration Legislation Amendment Regulation 2013 (No. 1) i OPC50365 - 14 Federal Register of Legislative Instruments F2013L00490 Federal Register of Legislative Instruments F2013L00490 1 Name of regulation This regulation is the Migration Legislation Amendment Regulation 2013 (No. 1). 2 Commencement (1) Each provision of this regulation specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 4 23 March 2013. 23 March 2013 and anything in this regulation not elsewhere covered by this table 2. Schedules 1 23 March 2013. 23 March 2013 and 2 3. Schedule 3 13 April 2013. 13 April 2013 4. Schedule 4 1 July 2013. 1 July 2013 5. Schedules 5 23 March 2013. 23 March 2013 and 6 Note: This table relates only to the provisions of this regulation as originally made. It will not be amended to deal with any later amendments of this regulation. (2) Any information in column 3 of the table is not part of this regulation. Information may be inserted in this column, or information in it may be edited, in any published version of this regulation. 3 Authority This regulation is made under the Migration Act 1958. No. 33, 2013 Migration Legislation Amendment Regulation 2013 (No. 1) 1 OPC50365 - 14 Federal Register of Legislative … F2013L00490 4 Schedule(s) Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms. 2 Migration Legislation Amendment Regulation 2013 (No. 1) No. 33, 2013 OPC50365 - 14 Federal Register of Legislative Instruments F2013L00490 Amendments relating to Tribunal fees Schedule 1 Schedule 1—Amendments relating to Tribunal fees Migration Regulations 1994 1 At the end of subregulation 4.13(1) Add: Note: The fee in subregulation (1) is subject to increase under regulation 4.13A. 2 After regulation 4.13 Insert: 4.13A Biennial increases in fees Despite any other provision of these Regulations, the fee prescribed by subregulation 4.13(1) is increased, in accordance with regulation 4.13B, on each biennial anniversary of 1 July 2011. 4.13B Calculation of increase (1) If, in a relevant period, the latest CPI number is greater than the earlier CPI number, a fee is taken to increase, on 1 July immediately following the end of the period, in accordance with the formula: Fee  Latest CPI number Earlier CPI number where: earlier CPI number is the CPI number for the last March quarter before the beginning of the relevant period. latest CPI number is the CPI number for the last March quarter before the end of the relevant period. (2) If, apart from this subregulation, the amount of a fee increased under subregulation (1) would be an amount of dollars and cents, the amount is to be rounded to the nearest whole dollar and, if the amount to be rounded is 50 cents, rounded down. No. 33, 2013 Migration Legislation Amendment Regulation 2013 (No. 1) 3 OPC50365 - 14 Federal Register of Legislative Instruments F2013L00490 Schedule 1 Amendments relating to Tribunal fees (3) Subject to subregulation (4), if at any time, whether before or after the commencement of this regulation, the Australian Statistician publishes for a particular March quarter a CPI number in substitution for an index number previously published by the Australian Statistician for that quarter, the publication of the later index number is to be disregarded for the purposes of this regulation. (4) If, at any time, whether before or after the commencement of this regulation, the Australian Statistician changes the reference base for the Consumer Price Index, then, for the purposes of the application of this regulation after the change is made, regard must be had only to numbers published in terms of the new reference base. (5) In this regulation: CPI number means the All Groups Consumer Price Index number (being the weighted average of the 8 Australian capital cities) published by the Australian Statistician. fee means: (a) a fee prescribed by subregulation 4.13(1); or (b) the fee in force at the end of the relevant period if regulation 4.13A applies. relevant period means any of the following periods: (a) the 2 year period commenci", "reviewMethod": "Source-based draft with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-b5763cbfa61ba4ad0113", "countryCode": "AU", "country": "Australia", "title": "Migration Amendment (Temporary Protection Visas) Regulation 2013", "policyEffect": "Reintroduced Temporary Protection Visas (Subclass 785) and amended requirements for Protection (Class XA) and Subclass 866 visas.", "operativeDate": "2013-10-18", "year": 2013, "affectedGroup": "Persons applying for protection visas, including unauthorised maritime arrivals and persons not immigration cleared on last entry", "materialConditionsAndExceptions": "", "policyCategory": "Asylum or protection", "policyTool": "Eligibility", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2013L01811/asmade/2013-10-17/text/original/pdf", "preciseCitation": "", "evidencePassage": "An application by a person for a Protection (Class XA) visa is a valid application for a Subclass 785 (Temporary Protection) visa only if the person: (i) holds a Subclass 785 (Temporary Protection) visa; or (ii) has held a Subclass 785 (Temporary Protection) visa since last entering Australia; or (iii) did not hold a visa that was in effect on the person’s last entry into Australia; or (iv) is an unauthorised maritime arrival; or (v) was not immigration cleared on the person’s last entry into Australia. … This regulation commences on 18 October 2013. … A valid application for a Protection (Class XA) visa made, but not finally determined, before 18 October 2013 is taken to also be a valid application for a Subclass 785 (Temporary Protection) visa if the applicant: (a) holds a Subclass 785 (Temporary Protection) visa; or (b) has held a Subclass 785 (Temporary Protection) visa since last entering Australia; or (c) did not hold a visa that was in effect on the applicant’s last entry into Australia; or (d) is an unauthorised maritime arrival; or (e) was not immigration cleared on the applicant’s last entry into Australia. … The applicant: (a) does not hold a Subclass 785 (Temporary Protection) visa; and (b) has not held a Subclass 785 (Temporary Protection) visa since last entering Australia; and (c) held a visa that was in effect on the applicant’s last entry into Australia; and (d) is not an unauthorised maritime arrival; and (e) was immigration cleared on the applicant’s last entry into Australia.", "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "record-measure-e32739cc362748a0e1c18272", "countryCode": "AU", "country": "Australia", "title": "Specification of Occupations Exempt from Labour Market Testing", "policyEffect": "Specify all occupations classified in the ANZSCO as Skill Level 1 and Skill Level 2 for the purpose of paragraph 140GBC(4)(a) and (b) of the Migration Act 1958.", "operativeDate": "2013-11-23", "year": 2013, "affectedGroup": "Occupations classified as anzsco skill level 1 and skill level 2", "materialConditionsAndExceptions": "Recorded validated scope: Exemption from labour market testing.", "policyCategory": "Migration policy", "policyTool": "", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2013L01952/asmade/2013-11-18/text/original/pdf", "preciseCitation": "", "evidencePassage": "1. SPECIFY for the purpose of paragraph 140GBC(4)(a) of the Act, all occupations that are classified in the ANZSCO as Skill Level 11; AND 2. SPECIFY for the purpose of paragraph 140GBC(4)(b) of the Act, all occupations that are classified in the ANZSCO as Skill Level 22; … This Instrument, IMMI 13/137, commences on 23 November 2013, immediately after the commencement of the Migrations Amendment (Temporary Sponsored Visas) Act 2013. … To be exempt, the nominated occupation must be both specified in this Instrument and satisfy the requirements of paragraph 140GBC(2)(a). … To be exempt, the nominated occupation must be both specified in this Instrument and satisfy the requirements of paragraph 140GBC(3)(a).", "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "recall-c283660af0ab07e2e1b7", "countryCode": "AU", "country": "Australia", "title": "Bridging E visa holders made subject to an enforceable code of behaviour", "policyEffect": "Amends the Migration Regulations 1994 to introduce an enforceable code of behaviour requirement for certain Bridging E visa holders, under which breaches may result in visa cancellation and return to immigration detention.", "operativeDate": "2013-12-14", "year": 2013, "affectedGroup": "Certain Bridging E visa holders living in the Australian community", "materialConditionsAndExceptions": "Validated condition or limit: Covered visa holders had to sign and comply with the code; a breach could support visa cancellation and return to immigration detention.", "policyCategory": "Enforcement", "policyTool": "Regulation", "sourceName": "aph.gov.au", "sourceUrl": "https://aph.gov.au/Parliamentary_Business/Committees/Joint/Human_Rights/Scrutiny_reports/2014/244/c05", "preciseCitation": "Select Legislative Instrument 2013 No. 269; operative 2013-12-14.", "evidencePassage": "uary 2014* ## Code of Behaviour for Public Interest Criterion 4022 - IMMI 13/155 *FRLI: F2013L02105* *Portfolio: Immigration and Border Protection* *Tabled: Scheduled for House of Representatives and Senate, 11 February 2014* ### Summary of committee concerns 2.1 The committee has not been able to ascertain the necessity for these measures on the basis of the information provided and considers that the explanations provided in the statement of compatibility have failed to demonstrate that they are reasonable and proportionate. In the absence of this information, the committee considers that the amendments risk authorising serious breaches of human rights. 2.2 The committee seeks the Minister’s clarification on the various issues set out below as a matter of urgency so that it may finalise its consideration of these instruments while they are still before the Parliament. ### Overview 2.3 The Migration Amendment (Bridging Visas—Code of Behaviour) Regulation 2013 and the Code of Behaviour for Public Interest Criterion 4022 - IMMI 13/155 commenced on 14 December 2013. The committee has considered both these instruments together, given their interrelated nature. ##### Migration Amendment (Bridging Visas—Code of Behaviour) Regulation 2013 2.4 The Migration Amendment (Bridging Visas—Code of Behaviour) Regulation 2013 amends the *Migration Regulations 1994* to establish an enforceable code of behaviour for certain Bridging E (Class WE) visa (BVE) holders. 2.5 A BVE is a temporary visa that is ordinarily granted to ‘unlawful non-citizens’ to enable them to lawfully live in the community while their immigration status is finalised or while they make arrangements to leave Australia. As of 19 November 2013, there were some 22,900 asylum seekers who had arrived by boat who were living in the community on BVEs pending determination of their protection claims. [\\[1\\]](footnotes#c05f1) 2.6 The BVE cohort may also include unauthorised boat and air arrivals who ha", "reviewMethod": "Official-source recall audit with Gemini 3.8 Flash and evidence-supervisor publication adjudication", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "record-measure-2683bfb20ef37b36319c4524", "countryCode": "AU", "country": "Australia", "title": "Minister may disclose specified Bridging Visa holder information to police", "policyEffect": "The Minister may authorize disclosure of specified information about Subclass 050 or Subclass 051 Bridging Visa holders to federal, state, or territory police where the Minister reasonably believes disclosure is necessary or appropriate to perform functions or exercise powers under the Migration Act.", "operativeDate": "2013-12-14", "year": 2013, "affectedGroup": "Holders of subclass 050 or subclass 051 visas", "materialConditionsAndExceptions": "Recorded validated scope: Disclosure of migrant information to police.", "policyCategory": "Migration policy", "policyTool": "", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2013L02101", "preciseCitation": "", "evidencePassage": "effect according to its terms. Federal Register of Legislative Instruments F2013L02101 Schedule 1 Amendments 2 Migration Amendment (Disclosure of Information) Regulation 2013 No. 270, 2013 OPC60297 - A Schedule 1—Amendments Migration Regulations 1994 1 After regulation 5.34E Insert: 5.34F Disclosure of information to police (1) This regulation applies in relation to a person who holds, or a class of persons who hold: (a) a Subclass 050 (Bridging (General)) visa; or (b) a Subclass 051 (Bridging (Protection Visa Applicant)) visa. (2) The Minister may authorise the disclosure of any information mentioned in subregulation (4) about the person or class to the Australian Federal Police or the police force or police service of a State or Territory. (3) The Minister may authorise the disclosure only if the Minister reasonably believes the disclosure is necessary or appropriate for the performance of functions or the exercise of powers under the Act. (4) For subregulation (2), the information is the following: (a) the name of the person or the names of persons in the class; (b) the residential address of the person or the residential addresses of persons in the class; (c) the sex of the person", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-fa393a7ee136fc58ba00", "countryCode": "AU", "country": "Australia", "title": "Migration Amendment (2014 Measures No. 1) Regulation 2014", "policyEffect": "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.", "operativeDate": "2014-03-22", "year": 2014, "affectedGroup": "", "materialConditionsAndExceptions": "", "policyCategory": "Not stated", "policyTool": "Not stated", "sourceName": "Migration Regulations 1994", "sourceUrl": "https://legislation.gov.au/F2014L00286/asmade/2014-03-17/text/original/epub/OEBPS/document_1/document_1.html", "preciseCitation": "Migration Regulations 1994. Migration Amendment (2014 Measures No. 1) Regulation 2014.; Select Legislative Instrument No. 32, 2014; F2014L00286", "evidencePassage": "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", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp5-207e599035f61bc721b5", "countryCode": "AU", "country": "Australia", "title": "Migration Amendment (Credit Card Surcharge) Regulation 2014", "policyEffect": "Introduces a credit card surcharge payable by a visa applicant if a payment of an instalment, or part of an instalment, of the visa application charge (VAC) is made by credit card. The surcharge amounts are: 1.08% for Visa or MasterCard, 1.99% for American Express or Japan Credit Bureau (JCB), and 2.91% for Diners Club International, calculated as a percentage of the VAC payment amount. The surcharge is payable when the VAC payment is made. The Minister may specify circumstances in a legislative instrument in which the credit card surcharge must or may be waived or refunded. The amendments apply in relation to the payment of an instalment, or part of an instalment, of visa application charge made on or after 19 April 2014.", "operativeDate": "2014-04-19", "year": 2014, "affectedGroup": "Visa applicants making a payment of an instalment, or part of an instalment, of visa application charge by credit card", "materialConditionsAndExceptions": "Validated condition or limit: The Minister may specify circumstances in a legislative instrument in which the credit card surcharge must or may be waived or refunded.; The amendments apply in relation to the payment of an instalment, or part of an instalment, of visa application charge made on or after 19 April 2014.", "policyCategory": "Fees / visa application charges", "policyTool": "Regulation", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2014L00421/asmade/2014-04-16/text/original/pdf", "preciseCitation": "https://www.legislation.gov.au/F2014L00421/asmade/2014-04-16/text/original/pdf; https://www.legislation.gov.au/F2014L00421/asmade/2014-04-16/es/original/pdf", "evidencePassage": "5.43 Credit card surcharge (1) A visa applicant is liable to pay a fee (the credit card surcharge) if a payment of an instalment, or part of an instalment, of visa application charge in relation to the visa application (the VAC payment) is made by credit card (whether the application is made using the internet or by any other means). … (2) The amount of the credit card surcharge payable in respect of the VAC payment is as follows: (a) for a VAC payment made by Visa or MasterCard credit card—1.08% of the amount of the VAC payment; (b) for a VAC payment made by American Express or Japan Credit Bureau (JCB) credit card—1.99% of the amount of the VAC payment; (c) for a VAC payment made by Diners Club International credit card—2.91% of the amount of the VAC payment. (3) The credit card surcharge is payable when the VAC payment is made. (4) The Minister may specify, in a legislative instrument, circumstances in which the credit card surcharge: (a) must be waived; or (b) may be waived; or (c) must be refunded; or (d) may be refunded. … 2 Commencement This regulation commences on 19 April 2014. … 2901 Operation of Schedule 1 The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Credit Card Surcharge) Regulation 2014 apply in relation to the payment of an instalment, or part of an instalment, of visa application charge made on or after 19 April 2014. … (1) A visa applicant is liable to pay a fee (the credit card surcharge) if a payment of an instalment, or part of an instalment, of visa application charge in relation to the visa application (the VAC payment) is made by credit card (whether the application is made using the internet or by any other means).", "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-c0645b00c486a9c8e77a", "countryCode": "AU", "country": "Australia", "title": "Migration Amendment Act 2014", "policyEffect": "Amended section 48A of the Migration Act 1958 to specify that the statutory bar preventing non-citizens who have had a protection visa refused or cancelled from lodging a further protection visa application applies regardless of the grounds, criteria, or earlier bases for applications or visa grants.", "operativeDate": "2014-05-28", "year": 2014, "affectedGroup": "Non-citizens who have had a protection visa refused or cancelled", "materialConditionsAndExceptions": "", "policyCategory": "Not stated", "policyTool": "Not stated", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/C2014A00030/asmade/2014-05-27/text/original/pdf", "preciseCitation": "", "evidencePassage": "(1C) Subsections (1) and (1B) apply in relation to a non-citizen regardless of any of the following: (a) the grounds on which an application would be made or the criteria which the non-citizen would claim to satisfy; (b) whether the grounds on which an application would be made or the criteria which the non-citizen would claim to satisfy existed earlier; (c) the grounds on which an earlier application was made or the criteria which the non-citizen earlier claimed to satisfy; (d) the grounds on which a cancelled protection visa was granted or the criteria the non-citizen satisfied for the grant of that visa. … a non-citizen is prevented from making an application for a protection visa after the commencement of the item, because of a refusal or cancellation referred to in subsection 48A(1) or (1B), whether the refusal or cancellation happened before, on or after that commencement.", "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-53f8283a426a88e4e518", "countryCode": "AU", "country": "Australia", "title": "Migration Amendment (Repeal of Certain Visa Classes) Regulation 2014", "policyEffect": "The regulation repealed several visa classes, including definitions for aged dependent relative, carer, and remaining relative, effectively closing these non-contributory pathways for family migration to new applicants.", "operativeDate": "2014-06-02", "year": 2014, "affectedGroup": "", "materialConditionsAndExceptions": "", "policyCategory": "Not stated", "policyTool": "Not stated", "sourceName": "Migration Regulations 1994", "sourceUrl": "https://legislation.gov.au/F2014L00622/asmade/2014-05-30/text/original/epub/OEBPS/document_1/document_1.html", "preciseCitation": "Migration Regulations 1994. Migration Amendment (Repeal of Certain Visa Classes) Regulation 2014.; Select Legislative Instrument No. 65, 2014; F2014L00622", "evidencePassage": "instrument has effect according to its terms. Federal Register of Legislative Instruments F2014L00622 Schedule 1 Amendments 2 Migration Amendment (Repeal of Certain Visa Classes) Regulation 2014 No. 65, 2014 OPC60575 - C Schedule 1—Amendments Migration Regulations 1994 1 Regulation 1.03 Repeal the following definitions: (a) definition of aged dependent relative; (b) definition of carer; (c) definition of remaining relative. 2 Regulations 1.15, 1.15AA and 1.20K Repeal the regulations. 3 Regulation 1.20LAA (heading) Repeal the heading, substitute: 1.20LAA Limitation on sponsorships—contributory parent and contributory aged parent visas 4 Paragraphs 1.20LAA(1)(a), (b), (e) and (f) Repeal the paragraphs. 5 At the end of Schedule 13 Add: Part 30—Amendments made by the Migration Amendment (Repeal of Certain Visa Classes) Regulation 2014 3001 Operation of Schedule 1 (1) The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Repeal of Certain Visa Classes) Regulation 2014 apply in relation to an application for a visa made on or after 2 June 2014. Federal Register of Legislative Instruments F2014L00622 Amendments Schedule 1 No. 65, 2014 Migration Amendment (Repeal … paragraph 2.08(1)(a) applied for his or her visa before 2 June 2014; and (c) for an application taken to have been made in accordance with regulation 2.08A—the original applicant mentioned in paragraph 2.08A(1)(a) applied for his or her visa before 2 June 2014. (3) To avoid doubt, these Regulations, as in force immediately before 2 June 2014, also continue to apply on and after 2 June 2014 in relation to an application for a visa made, but not finally determined, before 2 June 2014. 6 Amendments of listed provisions—repeals Repeal the following provisions: (a) item 1123A of Schedule 1; (b) item … 1123B of Schedule 1; (c) item 1124 of Schedule 1; (d) item 1124A of Schedule 1; (e) Part 103 of Schedule 2; (f) Part 114 of Schedule 2; (g) Part 115 of Schedule 2; (h) Part 116 of Schedule 2; (i) Part 804 of Schedule 2; (j) Part 835 of Schedule 2; (k) Part 836 of Schedule 2; (l) Part 838 of Schedule 2. Federal Register of Legislative Instruments F2014L00622", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "component-au-pic4020-minor-exclusion-exemption-20141123", "countryCode": "AU", "country": "Australia", "title": "PIC 4020 exclusion periods disapplied where the refused application was made while under 18", "policyEffect": "From 23 November 2014, the three-year exclusion period under public interest criterion 4020(2) and the ten-year identity-related exclusion period under 4020(2 B) do not apply to an applicant who was under 18 when the application for the refused visa was made. Age is tested at that earlier application, not at the refusal date or current application; the exemption therefore also protects a person applying again as an adult. The change applies to visa applications already made but not finally determined before 23 November 2014 and applications made on or after that date. It removes these exclusion periods only: applicants remain subject to the other requirements ofPIC 4020, including the current application’s fraud/identity assessment, and it does not guarantee a visa or prevent refusal involving their family unit. Previously the three- and ten-year periods could apply to these applicants, with the existing waiver framework for the three-year period. The two period exemptions constitute one age-based safeguard, not separate events.", "operativeDate": "2014-11-23", "year": 2014, "affectedGroup": "Applicants assessed underpic 4020 who were under 18 when applying for a previously refused visa", "materialConditionsAndExceptions": "Validated condition or limit: The change applies to visa applications already made but not finally determined before 23 November 2014 and applications made on or after that date.; It removes these exclusion periods only: applicants remain subject to the other requirements ofPIC 4020, including the current application’s fraud/identity assessment, and it does not guarantee a visa or prevent refusal involving their family unit.", "policyCategory": "Migration policy", "policyTool": "", "sourceName": "Australian Federal Register of Legislation — original instrument and explanatory statement", "sourceUrl": "https://www.legislation.gov.au/F2014L01461/asmade/2014-10-31/text/original/pdf", "preciseCitation": "F2014L01461 Schedule5 items2,4 inserting4020(2AA),(2BA); section2; Schedule8 clause3504. ES AttachmentB Schedule5 describes previous exclusions and retained requirements.", "evidencePassage": "Migration Legislation Amendment (2014 Measures No. 2) Regulation 2014 Select Legislative Instrument No. 163, 2014 I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation. Dated 30 October 2014 Peter Cosgrove Governor-General By His Excellency’s Command Scott Morrison Minister for Immigration and Border Protection OPC60723 - A Federal Register of Legislative Instruments F2014L01461 Federal Register of Legislative Instruments F2014L01461 Contents 1 Name ................................................................................................. 1 2 Commencement ................................................................................. 1 3 Authority ........................................................................................... 1 4 Schedules........................................................................................... 2 Schedule 1—Subclass 400 visas 3 Migration Regulations 1994 3 Schedule 2—Passenger cards 4 Migration Regulations 1994 4 Schedule 3—Disclosure of information to CrimTrac 5 Migration Regulations 1994 5 Schedule 4—Subclass 572 and Subclass 573 visas and other matters 6 Part 1—Extending streamlined visa processing 6 Migration Regulations 1994 6 Part 2—Other amendments 10 Migration Regulations 1994 10 Schedule 5—Public interest criterion 4020 11 Migration Regulations 1994 11 Schedule 6—Fees and adoption 12 Australian Citizenship Regulations 2007 12 Schedule 7—Definition of financial institution 13 Migration Regulations 1994 13 Schedule 8—Application and transitional provisions 14 Australian Citizenship Regulations 2007 14 Migration Regulations 1994 14 No. 163, 2014 Migration Legislation Amendment (2014 Measures No. 2) i Regulation 2014 OPC60723 - A Federal Register of Legislative Instruments F2014L01461 Federal Register of Legislative Instruments F2014L01461 1 Name This is the Migration Legislation Amendment (2014 Measures No. 2) Regulation 2014. 2 Commencement Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Provisions Commencement 1. Sections 1 to 4 and The day after this instrument is registered. anything in this instrument not elsewhere covered by this table 2. Schedules 1 to 5 23 November 2014. 3. Schedule 6, item 1 The later of: (a) 23 November 2014; and (b) the day after the Australian Citizenship Amendment (Intercountry Adoption) Act 2014 commences. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 4. Schedule 6, item 2 3 November 2014. 5. Schedule 6, item 3 1 January 2015. 6. Schedules 7 and 8 23 November 2014. 3 Authority This instrument is made under the following Acts: (a) the Australian … Act 2007; (b) the Migration Act 1958. No. 163, 2014 Migration Legislation Amendment (2014 Measures No. 2) 1 Regulation 2014 OPC60723 - A Federal Register of Legislative Instruments F2014L01461 4 Schedules Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms. 2 Migration Legislation Amendment (2014 Measures No. 2) No. 163, 2014 Regulation 2014 OPC60723 - A Federal Register of Legislative Instruments F2014L01461 Subclass 400 visas Schedule 1 Schedule 1—Subclass 400 visas Migration Regulations 1994 1 Clause 400.111 of Schedule 2 (paragraph (a) of the definition of non-ongoing) Omit “3”, substitute “6”. 2 Paragraph 400.511(a) of Schedule 2 Omit “3”, substitute “6”. 3 Subparagraph 400.511(b)(i) of Schedule 2 Omit “3”, substitute “6”. No. 163, 2014 Migration Legislation Amendment (2014 Measures No. 2) 3 Regulation 2014 OPC60723 - A Federal Register of Legislative Instruments F2014L01461 Schedule 2 Passenger cards Schedule 2—Passenger cards Migration Regulations 1994 1 Division 3.1 (heading) Repeal the heading, substitute: Division 3.1—Information to be given 2 Paragraph 3.01(3)(b) Repeal the paragraph, substitute: (b) if the person is arriving in Australia—provide the completed passenger card to an officer; and (c) if the person is departing Australia—either: (i) provide the completed passenger card to an officer or an authorised system; or (ii) deposit the completed passenger card at a place of a kind specified in a legislative instrument made by the Minister for this subparagraph. 3 Regulation 3.02 (heading) Repeal the heading, substitute: 3.02 Passenger cards for persons entering Australia 4 Subregulation 3.02(1) After “card”, insert “for a person entering Australia”. 5 Subregulation 3.02(3) Omit “A”, substitute “The”. 4 Migration Legislation Amendment (2014 Measures No. 2) No. 163, 2014 Regulation 2014 OPC60723 - A Federal Register of Legislative Instruments F2014L01461 Disclosure of information to CrimTrac Schedule 3 Schedule 3—Disclosure of information to CrimTrac Migration Regulations 1994 1 Regulation 1.03 Insert: CNI number means a central names index number generated by the National Automated Fingerprint Identification System maintained by or on behalf of CrimTrac. CrimTrac means the CrimTrac Agency, established as an Executive Agency by the Governor-General by order under section 65 of the Public Service Act 1999. 2 Regulation 5.34F (heading) Repeal the heading, substitute: 5.34F Disclosure of information to police and CrimTrac 3 Subregulation 5.34F(2) Omit all the words after “persons,”, substitute: to the following: (a) the Australian Federal Police; (b) the police force or police service of a State or Territory; (c) CrimTrac. 4 At the end of subregulation 5.34F(4) Add: ; (f) the CNI number of the person or persons; (g) the client number of the per", "reviewMethod": "Source-based draft with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "component-au-subclass400-six-month-limits-20141123", "countryCode": "AU", "country": "Australia", "title": "Subclass 400 maximum entry window and permitted stay extended from three to six months", "policyEffect": "For subclass 400 Temporary Work (Short Stay Activity) visa applications made on or after 23 November 2014, the maximum time to travel to and enter Australia after visa grant increased from three to six months, and the maximum permitted stay after first entry increased from three to six months. This does not guarantee every holder a six-month stay; the change increases the applicable upper limits. The corresponding non-ongoing criterion was adjusted so the proposed event, activity or work must be likely to be completed within a continuous period of six months or less, instead of three months or less. The remaining eligibility and non-ongoing criteria were not removed. The entry window, stay limit and consequential duration criterion are treated as one change to the duration settings of the same visa. Earlier applications are outside this amendment’s application provision.", "operativeDate": "2014-11-23", "year": 2014, "affectedGroup": "Subclass 400 applicants applying on or after 23 november 2014", "materialConditionsAndExceptions": "Validated condition or limit: For subclass 400 Temporary Work (Short Stay Activity) visa applications made on or after 23 November 2014, the maximum time to travel to and enter Australia after visa grant increased from three to six months, and the maximum permitted stay after first entry increased from three to six months.; The corresponding non-ongoing criterion was adjusted so the proposed event, activity or work must be likely to be completed within a continuous period of six months or less, instead of three months or less.; The remaining eligibility and non-ongoing criteria were not removed.; The entry window, stay limit and consequential duration criterion are treated as one change to the duration settings of the same visa.", "policyCategory": "Migration policy", "policyTool": "", "sourceName": "Australian Federal Register of Legislation — original instrument and explanatory statement", "sourceUrl": "https://www.legislation.gov.au/F2014L01461/asmade/2014-10-31/text/original/pdf", "preciseCitation": "F2014L01461 Schedule1 items1–3; section2; Schedule8 clause3501. OfficialES AttachmentC Schedule1 reproduces old and new duration requirements.", "evidencePassage": "Migration Legislation Amendment (2014 Measures No. 2) Regulation 2014 Select Legislative Instrument No. 163, 2014 I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation. Dated 30 October 2014 Peter Cosgrove Governor-General By His Excellency’s Command Scott Morrison Minister for Immigration and Border Protection OPC60723 - A Federal Register of Legislative Instruments F2014L01461 Federal Register of Legislative Instruments F2014L01461 Contents 1 Name ................................................................................................. 1 2 Commencement ................................................................................. 1 3 Authority ........................................................................................... 1 4 Schedules........................................................................................... 2 Schedule 1—Subclass 400 visas 3 Migration Regulations 1994 3 Schedule 2—Passenger cards 4 Migration Regulations 1994 4 Schedule 3—Disclosure of information to CrimTrac 5 Migration Regulations 1994 5 Schedule 4—Subclass 572 and Subclass 573 visas and other matters 6 Part 1—Extending streamlined visa processing 6 Migration Regulations 1994 6 Part 2—Other amendments 10 Migration Regulations 1994 10 Schedule 5—Public interest criterion 4020 11 Migration Regulations 1994 11 Schedule 6—Fees and adoption 12 Australian Citizenship Regulations 2007 12 Schedule 7—Definition of financial institution 13 Migration Regulations 1994 13 Schedule 8—Application and transitional provisions 14 Australian Citizenship Regulations 2007 14 Migration Regulations 1994 14 No. 163, 2014 Migration Legislation Amendment (2014 Measures No. 2) i Regulation 2014 OPC60723 - A Federal Register of Legislative Instruments F2014L01461 Federal Register of Legislative Instruments F2014L01461 1 Name This is the Migration Legislation Amendment (2014 Measures No. 2) Regulation 2014. 2 Commencement Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Provisions Commencement 1. Sections 1 to 4 and The day after this instrument is registered. anything in this instrument not elsewhere covered by this table 2. Schedules 1 to 5 23 November 2014. 3. Schedule 6, item 1 The later of: (a) 23 November 2014; and (b) the day after the Australian Citizenship Amendment (Intercountry Adoption) Act 2014 commences. However, the provisions do not commence at all if the event mentioned in paragraph (b) does not occur. 4. Schedule 6, item 2 3 November 2014. 5. Schedule 6, item 3 1 January 2015. 6. Schedules 7 and 8 23 November 2014. 3 Authority This instrument is made under the following Acts: (a) the Australian … Act 2007; (b) the Migration Act 1958. No. 163, 2014 Migration Legislation Amendment (2014 Measures No. 2) 1 Regulation 2014 OPC60723 - A Federal Register of Legislative Instruments F2014L01461 4 Schedules Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms. 2 Migration Legislation Amendment (2014 Measures No. 2) No. 163, 2014 Regulation 2014 OPC60723 - A Federal Register of Legislative Instruments F2014L01461 Subclass 400 visas Schedule 1 Schedule 1—Subclass 400 visas Migration Regulations 1994 1 Clause 400.111 of Schedule 2 (paragraph (a) of the definition of non-ongoing) Omit “3”, substitute “6”. 2 Paragraph 400.511(a) of Schedule 2 Omit “3”, substitute “6”. 3 Subparagraph 400.511(b)(i) of Schedule 2 Omit “3”, substitute “6”. No. 163, 2014 Migration Legislation Amendment (2014 Measures No. 2) 3 Regulation 2014 OPC60723 - A Federal Register of Legislative Instruments F2014L01461 Schedule 2 Passenger cards Schedule 2—Passenger cards Migration Regulations 1994 1 Division 3.1 (heading) Repeal the heading, substitute: Division 3.1—Information to be given 2 Paragraph 3.01(3)(b) Repeal the paragraph, substitute: (b) if the person is arriving in Australia—provide the completed passenger card to an officer; and (c) if the person is departing Australia—either: (i) provide the completed passenger card to an officer or an authorised system; or (ii) deposit the completed passenger card at a place of a kind specified in a legislative instrument made by the Minister for this subparagraph. 3 Regulation 3.02 (heading) Repeal the heading, substitute: 3.02 Passenger cards for persons entering Australia 4 Subregulation 3.02(1) After “card”, insert “for a person entering Australia”. 5 Subregulation 3.02(3) Omit “A”, substitute “The”. 4 Migration Legislation Amendment (2014 Measures No. 2) No. 163, 2014 Regulation 2014 OPC60723 - A Federal Register of Legislative Instruments F2014L01461 Disclosure of information to CrimTrac Schedule 3 Schedule 3—Disclosure of information to CrimTrac Migration Regulations 1994 1 Regulation 1.03 Insert: CNI number means a central names index number generated by the National Automated Fingerprint Identification System maintained by or on behalf of CrimTrac. CrimTrac means the CrimTrac Agency, established as an Executive Agency by the Governor-General by order under section 65 of the Public Service Act 1999. 2 Regulation 5.34F (heading) Repeal the heading, substitute: 5.34F Disclosure of information to police and CrimTrac 3 Subregulation 5.34F(2) Omit all the words after “persons,”, substitute: to the following: (a) the Australian Federal Police; (b) the police force or police service of a State or Territory; (c) CrimTrac. 4 At the end of subregulation 5.34F(4) Add: ; (f) the CNI number of the person or persons; (g) the client number of the per", "reviewMethod": "Source-based draft with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-0942479f99b2c20f8e69", "countryCode": "AU", "country": "Australia", "title": "Migration Amendment (Character and General Visa Cancellation) Act 2014", "policyEffect": "Lowered the threshold for mandatory visa cancellation under section 501 on character grounds, specifically requiring the Minister to cancel a visa if a non-citizen is serving a sentence of imprisonment and has a substantial criminal record or child sex offence convictions.", "operativeDate": "2014-12-11", "year": 2014, "affectedGroup": "", "materialConditionsAndExceptions": "Validated condition or limit: Lowered the threshold for mandatory visa cancellation under section 501 on character grounds, specifically requiring the Minister to cancel a visa if a non-citizen is serving a sentence of imprisonment and has a substantial criminal record or child sex offence convictions.", "policyCategory": "Not stated", "policyTool": "Not stated", "sourceName": "Schedule 2—General visa cancellation amendments", "sourceUrl": "https://legislation.gov.au/C2014A00129/asmade/2014-12-10/text/original/epub/OEBPS/document_1/document_1.html", "preciseCitation": "Schedule 2—General visa cancellation amendments. Migration Amendment (Character and General Visa Cancellation) Act 2014.; Act No. 129 of 2014", "evidencePassage": "Subsection 500(1) Omit “; other than decisions to which a certificate under section 502 applies”. 7 At the end of subsection 500(4A) Add: ; (c) a decision of a delegate of the Minister under subsection 501(3A) to cancel a visa. ComLaw Authoritative Act C2014A00129 Character test amendments Schedule 1 No. 129, 2014 Migration Amendment (Character and General Visa Cancellation) Act 2014 5 8 After subsection 501(3) Insert: (3A) The Minister must cancel a visa that has been granted to a person if: (a) the Minister is satisfied that the person does not pass the character test because of the operation … of: (i) paragraph (6)(a) (substantial criminal record), on the basis of paragraph (7)(a), (b) or (c); or (ii) paragraph (6)(e) (sexually based offences involving a child); and (b) the person is serving a sentence of imprisonment, on a full-time basis in a custodial institution, for an offence against a law of the Commonwealth, a State or a Territory. (3B) Subsection (3A) does not limit subsections (2) and (3). 9 Subsection 501(5) After “(3)”, insert “or (3A)”. 10 Paragraph 501(6)(b) Repeal the paragraph, substitute: (b) the Minister reasonably suspects: (i) that the person has been or is a member", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp5-c3b2bd05cfe7a5fd4628", "countryCode": "AU", "country": "Australia", "title": "Migration Amendment (2014 Measures No. 2) Regulation 2014", "policyEffect": "Amends the Migration Regulations 1994 to expand the definition of 'managed fund' to include friendly society funds under the Life Insurance Act 1995 for investor visas, strengthen character and fraud criteria by requiring criminal history statements and Form 80 upon request, and impose bars on visa grant following certain cancellations under sections 116, 133A, 133C, or 501 of the Migration Act 1958. Phase scope: Schedules 2, 3, and 4 commenced on 12 December 2014 applying to pending and new applications; Schedule 1 commenced on 1 January 2015.", "operativeDate": "2014-12-12", "year": 2014, "affectedGroup": "Business and investor visa applicants; non-citizens subject to character or fraud assessment", "materialConditionsAndExceptions": "", "policyCategory": "Investor and business migration; border enforcement and cancellation", "policyTool": "Eligibility criteria, exclusion bars, mandatory documentation", "sourceName": "aph.gov.au", "sourceUrl": "https://static.aph.gov.au/-/media/Committees/Senate/committee/regord_ctte/mon2015/pdf/no01.pdf?hash=3D7AFA969C2DB64FBCBF41C7B3FFC354&rev=c7f8f1e694cd433daef636cc8bc3810d", "preciseCitation": "Senate Standing Committee on Regulations and Ordinances, Delegated Legislation Monitor No. 1 of 2015, pp. 6–7", "evidencePassage": "2) Regulation 2014 [F2014L01696] Purpose Makes amendments to the Migration Regulations 1994 to, in particular, remove the lengthy prescribed periods that an applicant outside Australia must be given to respond to a request for information or to an invitation to comment, broaden the definition of 'managed fund' to include both statutory funds and benefit funds operated by friendly societies registered under the Life Insurance Act 1995, provide that it is a criterion for the grant of a visa that, if requested, a statement from an appropriate authority about a person's criminal history and a completed Form 80 (Personal particulars for assessment including character assessment) must be provided, provide that where a person has had a visa cancelled under section 501 of the Migration Act (character grounds), they cannot be granted a further visa (except in certain circumstances), provide that where a person has had a visa cancelled under new subsections 116(1AA) (identity) or 116(1AB) (providing incorrect information) or the minister’s new 'set-aside and cancel' powers in sections 133A or 133C of the Migration Act, they cannot be granted a further visa for three years (except in certain circumstances), and harmonise the manner and time periods in which a person can make representations in relation to visa cancellation decisions Last day to disallow 26 March 2015 Authorising legislation Migration Act 1958 Department Immigration and Border Protection 7 Issue:", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "record-measure-3fdede7f345d55f2dda1dd92", "countryCode": "AU", "country": "Australia", "title": "Determination of Protection (Class XA) and Refugee and Humanitarian (Class XB) Visas 2014", "policyEffect": "Determines the minimum combined total number of Protection (Class XA) and Refugee and Humanitarian (Class XB) visas that the Minister must take all reasonably practicable measures to ensure are granted in specified financial years starting from 2015 to 2018.", "operativeDate": "2014-12-23", "year": 2014, "affectedGroup": "Protection (class xa) and refugee and humanitarian (class xb) visas", "materialConditionsAndExceptions": "Recorded validated scope: Ministerial responsibility for visa grant numbers.", "policyCategory": "Migration policy", "policyTool": "", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2014L01819/asmade/2014-12-22/text/original/pdf", "preciseCitation": "", "evidencePassage": "DETERMINE for the purposes of section 39A of the Act, the minimum combined total number of Protection (Class XA) and Refugee and Humanitarian (Class XB) visas that the Minister must take all reasonably practicable measures to ensure are granted in a specified financial year is as follows: a. for the financial year starting 1 July 2015 – 13,750 Class XA and Class XB visas; b. for the financial year starting 1 July 2016 – 13,750 Class XA and Class XB visas; c. for the financial year starting 1 July 2017 – 16,250 Class XA and Class XB visas; d. for the financial year starting 1 July 2018 – 18,750 Class XA and Class XB visas. … This Instrument, IMMI 14/117 commences on the day after signature. Dated 22.12.2014", "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "component-au-protection-family-application-timing-20150418", "countryCode": "AU", "country": "Australia", "title": "Protection visas: family-derived applicants must apply before the family visa holder’s grant", "policyEffect": "From April 18, 2015, new section 91WB barred granting a protection visa on the family-unit criteria in section 36(2)(b) or (c) unless the family applicant applied before the family visa holder was granted a protection visa. It applies to a non-citizen in Australia applying for a protection visa who belongs to the same family unit as a person already granted a protection visa. The referenced criteria concern family membership of a person satisfying the refugee or complementary-protection criterion who holds a protection visa of the same class sought by the applicant. These family-unit criteria already existed; section 91WB added the express application-before-grant restriction. The provision applied to applications made on or after April 18 and earlier applications not finally determined on that date. Its prohibition concerns grants on the two family-derived criteria; it does not itself prohibit an applicant from satisfying an independent protection criterion. Other protection-visa requirements continue to apply.", "operativeDate": "2015-04-18", "year": 2015, "affectedGroup": "Family-unit applicants for a protection visa on section 36(2)(b) or (c) grounds", "materialConditionsAndExceptions": "Validated condition or limit: From April 18, 2015, new section 91WB barred granting a protection visa on the family-unit criteria in section 36(2)(b) or (c) unless the family applicant applied before the family visa holder was granted a protection visa.; section 91WB added the express application-before-grant restriction.; The provision applied to applications made on or after April 18 and earlier applications not finally determined on that date.", "policyCategory": "Asylum or protection", "policyTool": "Eligibility", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/C2015A00035/asmade/2015-04-13/text/original/pdf", "preciseCitation": "Migration Amendment (Protection and Other Measures) Act 2015, Schedule 1 Part 2 item 11 and Part 3 item 15(3); Migration Act 1958 sections 36 and 91WB; F2015L00541", "evidencePassage": "Migration Amendment (Protection and Other Measures) Act 2015 No. 35, 2015 An Act to amend the Migration Act 1958, and for related purposes Note: An electronic version of this Act is available in ComLaw (http://www.comlaw.gov.au/) ComLaw Authoritative Act C2015A00035 Contents 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 2 3 Schedule(s) ........................................................................................ 3 Schedule 1—Protection visas 4 Part 1—Amendments commencing on day after Royal Assent 4 Migration Act 1958 4 Part 2—Amendments commencing on Proclamation 5 Migration Act 1958 5 Part 3—Application 9 Schedule 3—Unauthorised maritime arrivals and transitory persons 10 Part 1—Amendments 10 Migration Act 1958 10 Part 2—Application and transitional 13 Schedule 4—Migration Review Tribunal and Refugee Review Tribunal 15 Part 1—Amendments 15 Migration Act 1958 15 Part 2—Application 32 Schedule 5—Technical corrections 33 Counter-Terrorism Legislation Amendment (Foreign Fighters) Act 2014 33 Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 33 No. 35, 2015 Migration Amendment (Protection and Other Measures) Act 2015 i ComLaw Authoritative Act C2015A00035 Migration Amendment (Protection and Other Measures) Act 2015 No. 35, 2015 An Act to amend the Migration Act 1958, and for related purposes [Assented to 13 April 2015] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Migration Amendment (Protection and Other Measures) Act 2015. No. 35, 2015 Migration Amendment (Protection and Other Measures) Act 2015 1 ComLaw Authoritative Act C2015A00035 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day this Act receives the Royal Assent. 13 April 2015 and anything in this Act not elsewhere covered by this table 2. Schedule 1, The day after this Act receives the Royal 14 April 2015 Part 1 Assent. 3. Schedule 1, A single day to be fixed by Proclamation. 18 April 2015 Part 2 However, if the provision(s) do not (F2015L00541) commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 4. Schedule 1, The day after this Act receives the Royal 14 April 2015 Part 3 Assent. 9. Schedule 3 A single day to be fixed by Proclamation. 18 April 2015 However, if the provision(s) do not (F2015L00541) commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 10. Schedule 4 A single day to be fixed by Proclamation. 18 April 2015 However, if the provision(s) do not (F2015L00541) commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 11. Schedule 5 The day after this Act receives the Royal 14 April 2015 Assent. 2 Migration Amendment (Protection and Other Measures) Act 2015 No. 35, 2015 ComLaw Authoritative Act C2015A00035 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedule(s) Each Act 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. No. 35, 2015 Migration Amendment (Protection and Other Measures) Act 2015 3 ComLaw Authoritative Act C2015A00035 Schedule 1 Protection visas Part 1 Amendments commencing on day after Royal Assent Schedule 1—Protection visas Part 1—Amendments commencing on day after Royal Assent Migration Act 1958 1 After section 5 Insert: 5AAA Non-citizen’s responsibility in relation to protection claims (1) This section applies in relation to a non-citizen who claims to be a person in respect of whom Australia has protection obligations (however arising). (2) For the purposes of this Act, it is the responsibility of the non-citizen to specify all particulars of his or her claim to be such a person and to provide sufficient evidence to establish the claim. (3) The purposes of this Act include: (a) the purposes of a regulation or other instrument under this Act; and (b) the purposes of any administrative process that occurs in relation to: (i) this Act; or (ii) a regulation or instrument under this Act. (4) To remove doubt, the Minister does not have any responsibility or obligation to: (a) specify, or assist in specifying, any particulars of the non-citizen’s claim; or (b) establish, or assist in establishing, the claim. 4 Migration Amendment (Protection and Other Measures) Act 2015 No. 35, 2015 ComLaw Authoritative Act C2015A00035 Protection visas Schedule 1 Amendments commencing on Proclamation Part 2 Part 2—Amendments commencing on Proclamation Migration Act 1958 2 Subsection 5(1) Insert: bogus document, in relation to a person, means a document that the Minister reasonably suspects is a document that: (a) purports to have been, but was not, issued in respect of the person; or (b) is counterfeit or has been altered by a person who does not have authority to do so; or (c) was obtained because of a false or misleading statement, whether or not made knowingly. 3 Subparagraph 65(1)(a)(iii) After “section 40 (circumstances when granted),”, insert “91W (", "reviewMethod": "Source-based draft with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "component-au-protection-identity-refusal-20150418", "countryCode": "AU", "country": "Australia", "title": "Protection visas: mandatory identity-document refusal ground with reasonable-explanation exception", "policyEffect": "From April 18, 2015, new section 91WA required refusal of a protection visa if the applicant provided a bogus document as evidence of identity, nationality or citizenship, or the Minister was satisfied that the applicant had destroyed or disposed of such documentary evidence, or caused its destruction or disposal. Refusal under this section did not apply if the Minister was satisfied both that the applicant had a reasonable explanation and that the applicant either provided documentary evidence of identity, nationality or citizenship or had taken reasonable steps to provide it. The statutory definition of a bogus document covered a document reasonably suspected by the Minister to purport to have been issued for the person when it was not, to be counterfeit or altered without authority, or to have been obtained because of a false or misleading statement, whether or not knowingly made. Providing included causing a document to be provided, given or presented. The new section applied to protection-visa applications made on or after April 18 and earlier applications not finally determined on that date. This component concerns the inserted section 91WA refusal ground, rather than the separate amendments to requested identity evidence under section 91W.", "operativeDate": "2015-04-18", "year": 2015, "affectedGroup": "Protection-visa applicants providing identity documents, including applicants with cases not finally determined at commencement", "materialConditionsAndExceptions": "Validated condition or limit: From April 18, 2015, new section 91WA required refusal of a protection visa if the applicant provided a bogus document as evidence of identity, nationality or citizenship, or the Minister was satisfied that the applicant had destroyed or disposed of such documentary evidence, or caused its destruction or disposal.; The new section applied to protection-visa applications made on or after April 18 and earlier applications not finally determined on that date.", "policyCategory": "Asylum or protection", "policyTool": "Eligibility", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/C2015A00035/asmade/2015-04-13/text/original/pdf", "preciseCitation": "Migration Amendment (Protection and Other Measures) Act2015, Schedule1Part2items2and11; Schedule1Part3item15(3); Commencement Proclamation2015 F2015L00541", "evidencePassage": "Migration Amendment (Protection and Other Measures) Act 2015 No. 35, 2015 An Act to amend the Migration Act 1958, and for related purposes Note: An electronic version of this Act is available in ComLaw (http://www.comlaw.gov.au/) ComLaw Authoritative Act C2015A00035 Contents 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 2 3 Schedule(s) ........................................................................................ 3 Schedule 1—Protection visas 4 Part 1—Amendments commencing on day after Royal Assent 4 Migration Act 1958 4 Part 2—Amendments commencing on Proclamation 5 Migration Act 1958 5 Part 3—Application 9 Schedule 3—Unauthorised maritime arrivals and transitory persons 10 Part 1—Amendments 10 Migration Act 1958 10 Part 2—Application and transitional 13 Schedule 4—Migration Review Tribunal and Refugee Review Tribunal 15 Part 1—Amendments 15 Migration Act 1958 15 Part 2—Application 32 Schedule 5—Technical corrections 33 Counter-Terrorism Legislation Amendment (Foreign Fighters) Act 2014 33 Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 33 No. 35, 2015 Migration Amendment (Protection and Other Measures) Act 2015 i ComLaw Authoritative Act C2015A00035 Migration Amendment (Protection and Other Measures) Act 2015 No. 35, 2015 An Act to amend the Migration Act 1958, and for related purposes [Assented to 13 April 2015] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Migration Amendment (Protection and Other Measures) Act 2015. No. 35, 2015 Migration Amendment (Protection and Other Measures) Act 2015 1 ComLaw Authoritative Act C2015A00035 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day this Act receives the Royal Assent. 13 April 2015 and anything in this Act not elsewhere covered by this table 2. Schedule 1, The day after this Act receives the Royal 14 April 2015 Part 1 Assent. 3. Schedule 1, A single day to be fixed by Proclamation. 18 April 2015 Part 2 However, if the provision(s) do not (F2015L00541) commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 4. Schedule 1, The day after this Act receives the Royal 14 April 2015 Part 3 Assent. 9. Schedule 3 A single day to be fixed by Proclamation. 18 April 2015 However, if the provision(s) do not (F2015L00541) commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 10. Schedule 4 A single day to be fixed by Proclamation. 18 April 2015 However, if the provision(s) do not (F2015L00541) commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 11. Schedule 5 The day after this Act receives the Royal 14 April 2015 Assent. 2 Migration Amendment (Protection and Other Measures) Act 2015 No. 35, 2015 ComLaw Authoritative Act C2015A00035 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedule(s) Each Act 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. No. 35, 2015 Migration Amendment (Protection and Other Measures) Act 2015 3 ComLaw Authoritative Act C2015A00035 Schedule 1 Protection visas Part 1 Amendments commencing on day after Royal Assent Schedule 1—Protection visas Part 1—Amendments commencing on day after Royal Assent Migration Act 1958 1 After section 5 Insert: 5AAA Non-citizen’s responsibility in relation to protection claims (1) This section applies in relation to a non-citizen who claims to be a person in respect of whom Australia has protection obligations (however arising). (2) For the purposes of this Act, it is the responsibility of the non-citizen to specify all particulars of his or her claim to be such a person and to provide sufficient evidence to establish the claim. (3) The purposes of this Act include: (a) the purposes of a regulation or other instrument under this Act; and (b) the purposes of any administrative process that occurs in relation to: (i) this Act; or (ii) a regulation or instrument under this Act. (4) To remove doubt, the Minister does not have any responsibility or obligation to: (a) specify, or assist in specifying, any particulars of the non-citizen’s claim; or (b) establish, or assist in establishing, the claim. 4 Migration Amendment (Protection and Other Measures) Act 2015 No. 35, 2015 ComLaw Authoritative Act C2015A00035 Protection visas Schedule 1 Amendments commencing on Proclamation Part 2 Part 2—Amendments commencing on Proclamation Migration Act 1958 2 Subsection 5(1) Insert: bogus document, in relation to a person, means a document that the Minister reasonably suspects is a document that: (a) purports to have been, but was not, issued in respect of the person; or (b) is counterfeit or has been altered by a person who does not have authority to do so; or (c) was obtained because of a false or misleading statement, whether or not made knowingly. 3 Subparagraph 65(1)(a)(iii) After “section 40 (circumstances when granted),”, insert “91W (", "reviewMethod": "Source-based draft with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "component-au-protection-requested-evidence-refusal-20150418", "countryCode": "AU", "country": "Australia", "title": "Protection visas: refusal replaces adverse inference for unexplained failure to supply requested identity evidence", "policyEffect": "From April 18, 2015, amended section 91W replaced the former discretion to draw a reasonable adverse inference about identity, nationality or citizenship with a mandatory protection-visa refusal rule where its conditions are met. The Minister or an officer may request documentary evidence orally or in writing. Refusal under subsection (2) requires a request, refusal or failure to comply or production of a bogus document in response, no reasonable explanation, and an oral or written warning given when the request was made that the visa cannot be granted for refusal or failure to comply or for producing a bogus document. Subsection (3) disapplies that rule if the Minister is satisfied that the applicant has a reasonable explanation and either produces documentary evidence of identity, nationality or citizenship or has taken reasonable steps to produce it. Producing includes giving, presenting, providing or causing production. A bogus document is one reasonably suspected by the Minister to purport to have been issued for the person when it was not, to be counterfeit or altered without authority, or to have been obtained because of a false or misleading statement, whether or not knowingly made. The amendments applied to new applications and earlier applications not finally determined on April 18. This component counts the change in the consequence of unexplained noncompliance with a warned request; the separate section 91WA rule for bogus or destroyed documents is already recorded.", "operativeDate": "2015-04-18", "year": 2015, "affectedGroup": "Protection-visa applicants requested to supply identity, nationality or citizenship evidence", "materialConditionsAndExceptions": "", "policyCategory": "Asylum or protection", "policyTool": "Eligibility", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/C2015A00035/asmade/2015-04-13/text/original/pdf", "preciseCitation": "Migration Amendment (Protection and Other Measures) Act 2015, Schedule 1 Part 2 items 2 and 4–10 and Part 3 item 15(3); Migration Act 1958 section 91W before and after April 18; F2015L00541", "evidencePassage": "Migration Amendment (Protection and Other Measures) Act 2015 No. 35, 2015 An Act to amend the Migration Act 1958, and for related purposes Note: An electronic version of this Act is available in ComLaw (http://www.comlaw.gov.au/) ComLaw Authoritative Act C2015A00035 Contents 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 2 3 Schedule(s) ........................................................................................ 3 Schedule 1—Protection visas 4 Part 1—Amendments commencing on day after Royal Assent 4 Migration Act 1958 4 Part 2—Amendments commencing on Proclamation 5 Migration Act 1958 5 Part 3—Application 9 Schedule 3—Unauthorised maritime arrivals and transitory persons 10 Part 1—Amendments 10 Migration Act 1958 10 Part 2—Application and transitional 13 Schedule 4—Migration Review Tribunal and Refugee Review Tribunal 15 Part 1—Amendments 15 Migration Act 1958 15 Part 2—Application 32 Schedule 5—Technical corrections 33 Counter-Terrorism Legislation Amendment (Foreign Fighters) Act 2014 33 Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 33 No. 35, 2015 Migration Amendment (Protection and Other Measures) Act 2015 i ComLaw Authoritative Act C2015A00035 Migration Amendment (Protection and Other Measures) Act 2015 No. 35, 2015 An Act to amend the Migration Act 1958, and for related purposes [Assented to 13 April 2015] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Migration Amendment (Protection and Other Measures) Act 2015. No. 35, 2015 Migration Amendment (Protection and Other Measures) Act 2015 1 ComLaw Authoritative Act C2015A00035 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day this Act receives the Royal Assent. 13 April 2015 and anything in this Act not elsewhere covered by this table 2. Schedule 1, The day after this Act receives the Royal 14 April 2015 Part 1 Assent. 3. Schedule 1, A single day to be fixed by Proclamation. 18 April 2015 Part 2 However, if the provision(s) do not (F2015L00541) commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 4. Schedule 1, The day after this Act receives the Royal 14 April 2015 Part 3 Assent. 9. Schedule 3 A single day to be fixed by Proclamation. 18 April 2015 However, if the provision(s) do not (F2015L00541) commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 10. Schedule 4 A single day to be fixed by Proclamation. 18 April 2015 However, if the provision(s) do not (F2015L00541) commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 11. Schedule 5 The day after this Act receives the Royal 14 April 2015 Assent. 2 Migration Amendment (Protection and Other Measures) Act 2015 No. 35, 2015 ComLaw Authoritative Act C2015A00035 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedule(s) Each Act 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. No. 35, 2015 Migration Amendment (Protection and Other Measures) Act 2015 3 ComLaw Authoritative Act C2015A00035 Schedule 1 Protection visas Part 1 Amendments commencing on day after Royal Assent Schedule 1—Protection visas Part 1—Amendments commencing on day after Royal Assent Migration Act 1958 1 After section 5 Insert: 5AAA Non-citizen’s responsibility in relation to protection claims (1) This section applies in relation to a non-citizen who claims to be a person in respect of whom Australia has protection obligations (however arising). (2) For the purposes of this Act, it is the responsibility of the non-citizen to specify all particulars of his or her claim to be such a person and to provide sufficient evidence to establish the claim. (3) The purposes of this Act include: (a) the purposes of a regulation or other instrument under this Act; and (b) the purposes of any administrative process that occurs in relation to: (i) this Act; or (ii) a regulation or instrument under this Act. (4) To remove doubt, the Minister does not have any responsibility or obligation to: (a) specify, or assist in specifying, any particulars of the non-citizen’s claim; or (b) establish, or assist in establishing, the claim. 4 Migration Amendment (Protection and Other Measures) Act 2015 No. 35, 2015 ComLaw Authoritative Act C2015A00035 Protection visas Schedule 1 Amendments commencing on Proclamation Part 2 Part 2—Amendments commencing on Proclamation Migration Act 1958 2 Subsection 5(1) Insert: bogus document, in relation to a person, means a document that the Minister reasonably suspects is a document that: (a) purports to have been, but was not, issued in respect of the person; or (b) is counterfeit or has been altered by a person who does not have authority to do so; or (c) was obtained because of a false or misleading statement, whether or not made knowingly. 3 Subparagraph 65(1)(a)(iii) After “section 40 (circumstances when granted),”, insert “91W (", "reviewMethod": "Source-based draft with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "component-au-rrt-new-evidence-inference-20150418", "countryCode": "AU", "country": "Australia", "title": "Refugee Review Tribunal: adverse credibility inference for unexplained new claims or evidence", "policyEffect": "From April 18, 2015, new section 423A directed the Refugee Review Tribunal to draw an inference unfavourable to the credibility of a new claim or new evidence when, in reviewing an RRT-reviewable protection-visa decision, it was satisfied that the applicant lacked a reasonable explanation for not raising the claim or presenting the evidence before the primary decision. The trigger was a claim or evidence newly introduced in the review application, rather than merely an unsuccessful original claim. The application provision limited this new rule to protection-visa applications made on or after April 14, 2015, even though section 423A commenced on April 18. The section prescribed a credibility inference, not automatic refusal of every application containing new material; the reasonable-explanation condition remained material.", "operativeDate": "2015-04-18", "year": 2015, "affectedGroup": "Applicants seeking rrt review of protection-visa decisions on protection-visa applications made on or after april14,2015", "materialConditionsAndExceptions": "Validated condition or limit: From April 18, 2015, new section 423A directed the Refugee Review Tribunal to draw an inference unfavourable to the credibility of a new claim or new evidence when, in reviewing an RRT-reviewable protection-visa decision, it was satisfied that the applicant lacked a reasonable explanation for not raising the claim or presenting the evidence before the primary decision.; The application provision limited this new rule to protection-visa applications made on or after April 14, 2015, even though section 423A commenced on April 18.", "policyCategory": "Asylum or protection", "policyTool": "Eligibility", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/C2015A00035/asmade/2015-04-13/text/original/pdf", "preciseCitation": "Migration Amendment (Protection and Other Measures) Act2015, Schedule1Part2item14; Schedule1Part3item15(4); Commencement Proclamation2015 F2015L00541", "evidencePassage": "Migration Amendment (Protection and Other Measures) Act 2015 No. 35, 2015 An Act to amend the Migration Act 1958, and for related purposes Note: An electronic version of this Act is available in ComLaw (http://www.comlaw.gov.au/) ComLaw Authoritative Act C2015A00035 Contents 1 Short title ........................................................................................... 1 2 Commencement ................................................................................. 2 3 Schedule(s) ........................................................................................ 3 Schedule 1—Protection visas 4 Part 1—Amendments commencing on day after Royal Assent 4 Migration Act 1958 4 Part 2—Amendments commencing on Proclamation 5 Migration Act 1958 5 Part 3—Application 9 Schedule 3—Unauthorised maritime arrivals and transitory persons 10 Part 1—Amendments 10 Migration Act 1958 10 Part 2—Application and transitional 13 Schedule 4—Migration Review Tribunal and Refugee Review Tribunal 15 Part 1—Amendments 15 Migration Act 1958 15 Part 2—Application 32 Schedule 5—Technical corrections 33 Counter-Terrorism Legislation Amendment (Foreign Fighters) Act 2014 33 Migration and Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Act 2014 33 No. 35, 2015 Migration Amendment (Protection and Other Measures) Act 2015 i ComLaw Authoritative Act C2015A00035 Migration Amendment (Protection and Other Measures) Act 2015 No. 35, 2015 An Act to amend the Migration Act 1958, and for related purposes [Assented to 13 April 2015] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Migration Amendment (Protection and Other Measures) Act 2015. No. 35, 2015 Migration Amendment (Protection and Other Measures) Act 2015 1 ComLaw Authoritative Act C2015A00035 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provision(s) Commencement Date/Details 1. Sections 1 to 3 The day this Act receives the Royal Assent. 13 April 2015 and anything in this Act not elsewhere covered by this table 2. Schedule 1, The day after this Act receives the Royal 14 April 2015 Part 1 Assent. 3. Schedule 1, A single day to be fixed by Proclamation. 18 April 2015 Part 2 However, if the provision(s) do not (F2015L00541) commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 4. Schedule 1, The day after this Act receives the Royal 14 April 2015 Part 3 Assent. 9. Schedule 3 A single day to be fixed by Proclamation. 18 April 2015 However, if the provision(s) do not (F2015L00541) commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 10. Schedule 4 A single day to be fixed by Proclamation. 18 April 2015 However, if the provision(s) do not (F2015L00541) commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 11. Schedule 5 The day after this Act receives the Royal 14 April 2015 Assent. 2 Migration Amendment (Protection and Other Measures) Act 2015 No. 35, 2015 ComLaw Authoritative Act C2015A00035 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedule(s) Each Act 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. No. 35, 2015 Migration Amendment (Protection and Other Measures) Act 2015 3 ComLaw Authoritative Act C2015A00035 Schedule 1 Protection visas Part 1 Amendments commencing on day after Royal Assent Schedule 1—Protection visas Part 1—Amendments commencing on day after Royal Assent Migration Act 1958 1 After section 5 Insert: 5AAA Non-citizen’s responsibility in relation to protection claims (1) This section applies in relation to a non-citizen who claims to be a person in respect of whom Australia has protection obligations (however arising). (2) For the purposes of this Act, it is the responsibility of the non-citizen to specify all particulars of his or her claim to be such a person and to provide sufficient evidence to establish the claim. (3) The purposes of this Act include: (a) the purposes of a regulation or other instrument under this Act; and (b) the purposes of any administrative process that occurs in relation to: (i) this Act; or (ii) a regulation or instrument under this Act. (4) To remove doubt, the Minister does not have any responsibility or obligation to: (a) specify, or assist in specifying, any particulars of the non-citizen’s claim; or (b) establish, or assist in establishing, the claim. 4 Migration Amendment (Protection and Other Measures) Act 2015 No. 35, 2015 ComLaw Authoritative Act C2015A00035 Protection visas Schedule 1 Amendments commencing on Proclamation Part 2 Part 2—Amendments commencing on Proclamation Migration Act 1958 2 Subsection 5(1) Insert: bogus document, in relation to a person, means a document that the Minister reasonably suspects is a document that: (a) purports to have been, but was not, issued in respect of the person; or (b) is counterfeit or has been altered by a person who does not have authority to do so; or (c) was obtained because of a false or misleading statement, whether or not made knowingly. 3 Subparagraph 65(1)(a)(iii) After “section 40 (circumstances when granted),”, insert “91W (", "reviewMethod": "Source-based draft with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "component-au-aircrew-domestic-work-limits-20150418", "countryCode": "AU", "country": "Australia", "title": "Special Purpose visa work restricted to specified international and connecting flights for foreign aircrew", "policyEffect": "For Special Purpose visas taken to have been granted on or after 18 April 2015, new mandatory conditions restrict the flights on which foreign airline crew may work in Australia. Under condition 8117, an airline positioning crew member may work only as crew on the flight leaving Australia and/or one flight from a proclaimed airport to the proclaimed airport of departure. Under condition 8118, an airline crew member may work only as crew on the flight arriving in Australia, one flight from the proclaimed arrival airport to another proclaimed airport, the flight leaving Australia, and/or one flight from a proclaimed airport to the proclaimed departure airport. Thus ordinary airline crew have at most two permitted domestic connecting flights and positioning crew at most one, tied to the specified international journeys rather than general domestic flying. These new conditions supplement the existing Special Purpose visa arrangements; they do not create general work rights or extend the visa’s stay period. The original explanatory statement identifies the previously unrestricted domestic-flight-count issue and the new limits. Earlier deemed grants are outside this amendment’s application provision.", "operativeDate": "2015-04-18", "year": 2015, "affectedGroup": "Airline crew and airline positioning crew receiving deemed special purpose visas on or after 18 april 2015", "materialConditionsAndExceptions": "Validated condition or limit: For Special Purpose visas taken to have been granted on or after 18 April 2015, new mandatory conditions restrict the flights on which foreign airline crew may work in Australia.; Under condition 8117, an airline positioning crew member may work only as crew on the flight leaving Australia and/or one flight from a proclaimed airport to the proclaimed airport of departure.; Under condition 8118, an airline crew member may work only as crew on the flight arriving in Australia, one flight from the proclaimed arrival airport to another proclaimed airport, the flight leaving Australia, and/or one flight from a proclaimed airport to the proclaimed departure airport.", "policyCategory": "Migration policy", "policyTool": "", "sourceName": "Australian Federal Register of Legislation — original instrument and explanatory statement", "sourceUrl": "https://www.legislation.gov.au/F2015L00351/asmade/2015-03-27/text/original/pdf", "preciseCitation": "F2015L00351 Schedule1 items3–4, regulation2.40A and conditions8117–8118; section2; Schedule7 clause4101. ES AttachmentB/C Schedule1 explains prior domestic-flight issue and new operative limits.", "evidencePassage": "Migration Amendment (2015 Measures No. 1) Regulation 2015 Select Legislative Instrument No. 34, 2015 I, the Honourable Alex Chernov AC QC, Administrator of the Government of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation. Dated 26 March 2015 Alex Chernov Administrator By His Excellency’s Command Peter Dutton Minister for Immigration and Border Protection OPC60829 - C Federal Register of Legislative Instruments F2015L00351 Federal Register of Legislative Instruments F2015L00351 Contents 1 Name ................................................................................................. 1 2 Commencement ................................................................................. 1 3 Authority ........................................................................................... 1 4 Schedules........................................................................................... 1 Schedule 1—Work-related conditions for foreign air crew 2 Migration Regulations 1994 2 Schedule 2—English language test requirements 4 Migration Regulations 1994 4 Schedule 3—Character and cancellation 7 Migration Regulations 1994 7 Schedule 4—Sponsorship obligation timeframes 8 Migration Regulations 1994 8 Schedule 5—Medical examination requirements 9 Migration Regulations 1994 9 Schedule 6—Legislative instrument for application requirements 10 Migration Regulations 1994 10 Schedule 7—Application provisions 32 Migration Regulations 1994 32 No. 34, 2015 Migration Amendment (2015 Measures No. 1) Regulation 2015 i OPC60829 - C Federal Register of Legislative Instruments F2015L00351 Federal Register of Legislative Instruments F2015L00351 1 Name This is the Migration Amendment (2015 Measures No. 1) Regulation 2015. 2 Commencement This instrument commences on 18 April 2015. 3 Authority This instrument is made under the Migration Act 1958. 4 Schedules Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms. No. 34, 2015 Migration Amendment (2015 Measures No. 1) Regulation 2015 1 OPC60829 - C Federal Register of Legislative Instruments F2015L00351 Schedule 1 Work-related conditions for foreign air crew Schedule 1—Work-related conditions for foreign air crew Migration Regulations 1994 1 Subregulations 2.05(1) and (2) Repeal the subregulations, substitute: (1) For subsection 41(1) of the Act, a visa is subject to any conditions specified for that Subclass of visa in Schedule 2, subject to subregulation (2). Note: Regulation 2.40A prescribes conditions in relation to special purpose visas taken to have been granted to airline positioning crew members and airline crew members. (2) For subsection 41(3) of the Act, the conditions that the Minister is permitted to impose on a visa are the conditions (if any) specified as permitted for that Subclass of visa in Schedule 2. Note: Conditions referred to by number in Schedule 2 are set out in Schedule 8: see the definition of condition in regulation 1.03. 2 At the end of subregulation 2.40(4) Add: Note: Regulation 2.40A sets out further restrictions on the work airline positioning crew members and airline crew members may perform in Australia. 3 At the end of Division 2.8 Add: 2.40A Conditions applicable to special purpose visas For subsection 41(1) of the Act: (a) a special purpose visa taken to be granted to an airline positioning crew member is subject to condition 8117; and (b) a special purpose visa taken to be granted to an airline crew member is subject to condition 8118. 4 After clause 8116 of Schedule 8 Insert: 2 Migration Amendment (2015 Measures No. 1) Regulation 2015 No. 34, 2015 OPC60829 - C Federal Register of Legislative Instruments F2015L00351 Work-related conditions for foreign air crew Schedule 1 8117 The holder must not work in Australia other than as a member of the crew on either or both of the following: (a) the flight on which the holder leaves Australia; (b) one flight from a proclaimed airport to the proclaimed airport from which the holder leaves Australia. 8118 The holder must not work in Australia other than as a member of the crew on one or more of the following: (a) the flight on which the holder travels to Australia; (b) one flight from the proclaimed airport at which the holder enters Australia to another proclaimed airport; (c) the flight on which the holder leaves Australia; (d) one flight from a proclaimed airport to the proclaimed airport from which the holder leaves Australia. No. 34, 2015 Migration Amendment (2015 Measures No. 1) Regulation 2015 3 OPC60829 - C Federal Register of Legislative Instruments F2015L00351 Schedule 2 English language test requirements Schedule 2—English language test requirements Migration Regulations 1994 1 Regulation 1.03 (definition of Occupational English Test) Repeal the definition. 2 Regulation 1.03 Insert: score, in relation to a language test, means any score or result, however described, from the test, including any combination of scores or results from the test or components of the test. 3 Paragraph 1.15B(1)(b) Repeal the paragraph, substitute: (b) the person is an applicant for a visa; and (ba) for a person who was invited by the Minister under these Regulations, in writing, to apply for the visa—the test was conducted in the 3 years immediately before the date of the invitation; and (bb) for a person to whom paragraph (ba) does not apply—the test was conducted in the 3 years immediately before the day on which the application was made; and 4 Subregulation 1.15B(2) After “A person”, insert “also”. 5 Paragraph 1.15C(1)(b) Repeal the paragraph, substitute: (b) the person is an applicant for a visa; and (ba) for a person who was invited (or whose spouse or de facto partner was invited) by the Minister under these Regulations, in writing, to apply", "reviewMethod": "Source-based draft with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "component-au-485-upfront-medical-arrangements-removal-20150418", "countryCode": "AU", "country": "Australia", "title": "Temporary Graduate applicants no longer required to lodge evidence of medical-examination bookings", "policyEffect": "From 18 April 2015, repeal of clause 485.214 removed the requirement for a Temporary Graduate subclass 485 visa application to be accompanied, when made, by evidence that the applicant and each person included in the application had arranged a medical examination for that application. The repeal applies both to applications already made but not finally determined before 18 April 2015 and applications made on or after that date. This removes the upfront medical-arrangements evidence requirement only. Applicants remain required to meet the applicable health criterionPIC 4005, and medical examinations or tests required under that criterion are not waived. The official explanatory statement reproduces the former clause and explains that some applicants might not require an examination, while those who do still must complete it for the health assessment.", "operativeDate": "2015-04-18", "year": 2015, "affectedGroup": "Subclass 485 temporary graduate applicants and persons included in pending or new applications", "materialConditionsAndExceptions": "Validated condition or limit: From 18 April 2015, repeal of clause 485.214 removed the requirement for a Temporary Graduate subclass 485 visa application to be accompanied, when made, by evidence that the applicant and each person included in the application had arranged a medical examination for that application.; The repeal applies both to applications already made but not finally determined before 18 April 2015 and applications made on or after that date.; This removes the upfront medical-arrangements evidence requirement only.; Applicants remain required to meet the applicable health criterionPIC 4005, and medical examinations or tests required under that criterion are not waived.; The official explanatory statement reproduces the former clause and explains that some applicants might not require an examination, while those who do still must complete it for the health assessment.", "policyCategory": "Migration policy", "policyTool": "", "sourceName": "Australian Federal Register of Legislation — original instrument and explanatory statement", "sourceUrl": "https://www.legislation.gov.au/F2015L00351/asmade/2015-03-27/text/original/pdf", "preciseCitation": "F2015L00351 Schedule5 item1 repealing485.214; section2; Schedule7 clause4105. ES AttachmentC Schedule5 reproduces complete old485.214 and explains retainedPIC4005 assessment.", "evidencePassage": "85.111 of Schedule 2 (note 2) Repeal the note. 14 Clause 485.212 of Schedule 2 Repeal the clause, substitute: 485.212 The application was accompanied by evidence that: (a) the applicant: (i) has undertaken a language test specified by the Minister in a legislative instrument made for this paragraph; and (ii) has achieved, within the period specified by the Minister in the instrument, the score specified by the Minister in the instrument in accordance with the requirements (if any) specified by the Minister in the instrument; or (b) the applicant holds a passport of a type specified by the Minister in a legislative instrument made for this paragraph. 6 Migration Amendment (2015 Measures No. 1) Regulation 2015 No. 34, 2015 OPC60829 - C Federal Register of Legislative Instruments F2015L00351 Character and cancellation Schedule 3 Schedule 3—Character and cancellation Migration Regulations 1994 1 Paragraph 2.55(1)(b) Repeal the paragraph, substitute: (b) the giving of a document under subsection 501G(3) of the Act relating to a decision to: (i) cancel a visa under section 501, 501A, 501B, 501BA, or 501F of the Act; or (ii) not revoke a decision to cancel a visa under section 501CA of the Act; and 2 Subclause 4013(1) of Schedule 4 Omit “(2) or (2A)”, substitute “(2), (2A) or (3)”. No. 34, 2015 Migration Amendment (2015 Measures No. 1) Regulation 2015 7 OPC60829 - C Federal Register of Legislative Instruments F2015L00351 Schedule 4 Sponsorship obligation timeframes Schedule 4—Sponsorship obligation timeframes Migration Regulations 1994 1 Subregulation 2.84(6) (table) Omit “10 working days” (wherever occurring), substitute “28 days”. 2 Subregulation 2.84(6) (table item 4) Omit “subregulation (5)”, substitute “paragraph (5)(b)”. 8 Migration Amendment (2015 Measures No. 1) Regulation 2015 No. 34, 2015 OPC60829 - C Federal Register of Legislative Instruments F2015L00351 Medical examination requirements Schedule 5 Schedule 5—Medical examination requirements Migration Regulations 1994 1 Clause 485.214 of Schedule 2 Repeal the clause. No. 34, 2015 Migration Amendment (2015 Measures No. 1) Regulation 2015 9 OPC60829 - C Federal Register of Legislative Instruments F2015L00351 Schedule 6 Legislative instrument for application requirements Schedule 6—Legislative instrument for application requirements Migration Regulations 1994 1 Regulation 1.03 Insert: office of Immigration includes an office occupied by an officer of Immigration at an airport or a detention centre. 2 At the end of subregulation 2.07(1) Add: Note: An item of Schedule 1 may provide that the form, place or manner for making an application is specified by the Minister in a legislative instrument made for the item under subregulation (5). 3 At the end of regulation 2.07 Add: (5) If an item in Schedule 1 prescribes any of the following requirements by reference to a legislative instrument made under this subregulation, the Minister may, by legislative instrument, specify the requirement: (a) an … form for making an application for a visa of a specified class; (b) the way in which an application for a visa of a specified class must be made; (c) the place at which an application for a visa of a specified class must be made. Note 1: For paragraph (b), examples of the way in which an application must be made include by the internet, orally, or by posting, faxing or emailing the application to a specified number or address. Note 2: Regulation 2.10 sets out where an application for a visa must be made if no location for making the application is prescribed in relation to the visa in Schedule 1. (6) The legislative instrument may specify different requirements for: (a) different kinds of visa (however described); and (b) different classes of applicant. 10 Migration Amendment (2015 Measures No. 1) Regulation 2015 No. 34, 2015 OPC60829 - C Federal Register of Legislative Instruments F2015L00351 Legislative instrument for application requirements Schedule 6 4 Regulation 2.07A After “1305(1)”, insert “of Schedule 1”. 5 At the end of regulation 2.09 Add: (4) In this regulation: office of Immigration does not include an office occupied by an officer of Immigration at an airport or a detention centre. 6 Subregulation 2.10(4) Repeal the subregulation (not including the note). 7 Subregulations 2.10A(2) and 2.10B(2) Omit “The person”, substitute “For section 46 of the Act, the person”. 8 Part 1 of Schedule 1 (note to Part heading) Repeal the note. 9 Subitem 1104AA(1) of Schedule 1 Repeal the subitem, substitute: (1) Form: The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5). 10 Paragraph 1104AA(3)(a) of Schedule 1 Repeal the paragraph, substitute: (a) An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5). 11 Subitem 1104BA(1) of Schedule 1 Repeal the subitem, substitute: (1) Form: The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5). No. 34, 2015 Migration Amendment (2015 Measures No. 1) Regulation 2015 11 OPC60829 - C Federal Register of Legislative Instruments F2015L00351 Schedule 6 Legislative instrument for application requirements 12 Paragraph 1104BA(3)(a) of Schedule 1 Repeal the paragraph, substitute: (a) An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5). 13 Subitem 1104B(1) of Schedule 1 Repeal the subitem, substitute: (1) Form: The approved form specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5). 14 Paragraph 1104B(3)(a) of Schedule 1 Repeal the paragraph, substitute: (a) An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation", "reviewMethod": "Source-based draft with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "component-au-premium-investor-program-20150701", "countryCode": "AU", "country": "Australia", "title": "Premium Investor program introduced: AUD15 million provisional entry and permanent pathway", "policyEffect": "From July 1, 2015, Australia introduced the Premium Investor stream as one staged business-migration program: provisional subclass 188 followed by a conditional pathway to permanent subclass 888. A primary provisional applicant needed a written ministerial invitation, application within its stated period and nomination by the CEO of Austrade that had not been withdrawn. Applicants could apply in or outside Australia but not in immigration clearance; an applicant in Australia needed a substantive visa or Bridging A, B or C visa. On or after applying they had to make at least AUD15 million in a complying premium investment or approved philanthropic contribution, or a combination, provide compliance evidence and intend to hold the investment throughout the visa period, excluding the philanthropic part. The investor must be an individual investing personally, with a spouse or de facto partner, or through the wholly owned company or sole-trustee/sole-beneficiary structures specified in regulation 5.19D. Funds must be lawful, lawfully acquired, unencumbered and not used as security or collateral. Philanthropy requires written State or Territory government approval and can comprise the entire minimum amount. Permitted investments and their restrictions are those in Part 3 of IMMI15/100, including limits on residential property, derivatives and cash holdings, licensing or licensing-exemption requirements for fund operators, and management/conflict restrictions. Regulation 5.19D preserves compliance through investment switches of no more than 30 days; IMMI15/100 gives its specified cash-limit breaches up to ten business days to be remedied. Adult applicants must provide the Form1412 acknowledgement and release. Common criteria include acceptable business/investment history for the applicant and partner, public-interest and special-return criteria, and the applicable family requirements. Provisional applicants and accompanying family must meet health criterion4005; non-applicant family also must meet it unless requiring their assessment would be unreasonable. The visa permits travel, entry and stay for four years and three months; condition8557 requires maintaining the complying investment. Secondary family applicants have their own criteria; first-entry deadlines and possible condition8515 apply as specified. The permanent stage requires Austrade nomination not withdrawn, at least twelve continuous months holding a Premium subclass188 at application, maintenance of the complying investment throughout that holding period except the philanthropic portion, and evidence of compliance. For direct Australian proprietary-company investments the business must remain qualifying throughout, or the Minister must accept a genuine attempt if it could not operate as such. A qualifying business supplies goods/services for profit and is not primarily speculative or passive investment. Common permanent criteria additionally require a realistic commitment to Australian business/investment activity and satisfactory business-law compliance by the applicant and partner. Permanent applicants and family meet the specified public-interest criteria, including4007 with its limited health-waiver mechanism, and special-return criteria. Schedule1 also permits an application by a former or bereaved partner holding the specified secondary subclass188; this does not dispense with the Schedule2 grant criteria. The permanent visa carries five years of travel-entry permission. This is eligibility for a subsequent application, not automatic permanent residence after twelve months. Opening first-instalment charges were AUD8,410 for the provisional primary application, with additional adult/child charges of4,205/2,105, and AUD2,305 for permanent, with additional adult/child charges1,155/575. Adult applicants without functional English could owe a provisional second instalment of9,795 for primary or4,890 for secondary applicants unless already paid for a subclass188 application. At the permanent stage the4,890 second instalment applied only to qualifying secondary adults without functional English who had not paid it for subclass188; otherwise nil. General charge-component rules continue to apply. The regulation applies to visa applications made on or after July1. The provisional and permanent provisions are counted together as one new program, not two independent policy introductions.", "operativeDate": "2015-07-01", "year": 2015, "affectedGroup": "Austrade-nominated premium investor applicants and eligible family members", "materialConditionsAndExceptions": "Validated condition or limit: A primary provisional applicant needed a written ministerial invitation, application within its stated period and nomination by the CEO of Austrade that had not been withdrawn.; On or after applying they had to make at least AUD15 million in a complying premium investment or approved philanthropic contribution, or a combination, provide compliance evidence and intend to hold the investment throughout the visa period, excluding the philanthropic part.; The investor must be an individual investing personally, with a spouse or de facto partner, or through the wholly owned company or sole-trustee/sole-beneficiary structures specified in regulation 5.19D.; Funds must be lawful, lawfully acquired, unencumbered and not used as security or collateral.; Philanthropy requires written State or Territory government approval and can comprise the entire minimum amount.; IMMI15/100 gives its…", "policyCategory": "Investment or business", "policyTool": "Entry and stay", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2015L00963/asmade", "preciseCitation": "Migration Amendment (Investor Visas) Regulation 2015, section2 and Schedule1; Migration Regulations 1994 July1 compilation, items1104BA/1202B, subdivisions188.21/188.27/888.21/888.25, regulation5.19D; IMMI15/100", "evidencePassage": "Migration Amendment (Investor Visas) Regulation 2015 Select Legislative Instrument No. 102, 2015 I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor ‑ General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulation. Dated 25 June 2015 Peter Cosgrove Governor ‑ General By His Excellency’s Command Michaelia Cash Assistant Minister for Immigration and Border Protection Contents 1 Name 2 Commencement 3 Authority 4 Schedules Schedule 1—Amendments Migration Regulations 1994 1 Name This is the Migration Amendment (Investor Visas) Regulation 2015 . 2 Commencement (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. The whole of this instrument 1 July 2015. 1 July 2015 Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument. (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument. 3 Authority This instrument is made under the Migration Act 1958. 4 Schedules Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms. Schedule 1 — Amendments Migration Regulations 1994 1 Regulation 1.03 Insert: CEO of Austrade means the Chief Executive Officer of the Australian Trade Commission referred to in section 7B of the Australian Trade Commission Act 1985 . 2 Regulation 1.03 Insert: complying premium investment : see regulation 5.19D. 3 Regulation 1.03 Insert: complying significant investment : see regulation 5.19C. 4 Regulation 5.19B (note) Repeal the note. 5 At the end of Division 5.3 Add: 5.19C Complying significant investment Definition (1) An investment by a person (the investor ) is a complying significant investment if all of the requirements of this regulation are met. (2) If an investment (the overall investment ) is based on one or more other investments, this regulation (and any instrument under subregulation (6)) applies equally to the overall investment and each investment on which the overall investment is based. Investment requirements (3) All funds used to make the investment must be unencumbered and lawfully acquired. (4) The investment: (a) must be lawful; and (b) must not form the basis for security or collateral for a loan. (5) The investment, and the means by which the investment is made: (a) must be of a kind permitted by the requirements specified in an instrument under … and (b) must comply with any requirements specified in an instrument under subregulation (6). (6) The Minister may, by legislative instrument, specify requirements for the purposes of subregulation (5). Investment switching periods (7) Subregulation (8) applies in relation to a period (the switching period ): (a) beginning when the investor withdraws funds from the investment, or cancels the investment; and (b) ending when the investor reinvests the withdrawn funds, or the funds used to make the cancelled investment. (8) If the switching period is of no more than 30 days duration, the investment is taken not to have ceased to be a complying significant investment during the switching period only because of the event mentioned in paragraph (7)(a). Investor requirements (9) The investor must be an individual. (10) The investor must make the investment: (a) personally; or (b) with the investor’s spouse or de facto partner; or (c) by means of a company that has issued shares and in which: (i) the investor holds all of the issued shares; or (ii) the investor and the investor’s spouse or de facto partner hold all of the issued shares; or (d) by means of a trust to which the following applies: (i) the trust is lawfully established; (ii) the investor is the sole trustee or the investor and the investor’s spouse or de facto partner are the sole trustees; (iii) the investor is the sole beneficiary or the investor and the investor’s spouse or de facto partner are the sole beneficiaries. 5.19D Complying premium investment Definition (1) An investment or a philanthropic contribution, or a combined investment and philanthropic contribution, by a person (the investor ) is a complying premium investment if all of the requirements of this regulation are met. (2) If an investment (the overall investment ) is based on one or more other investments, this regulation (and any instrument under subregulation (8)) applies equally to the overall investment and each investment on which the overall investment is based. (3) If a philanthropic contribution (the overall contribution ) is based on one or more other philanthropic contributions, this regulation applies equally to the overall contribution and each philanthropic contribution on which the overall contribution is based. Investment and philanthropic contribution requirements (4) All funds used to make an investment or philanthropic contribution (or both) must be unencumbered and lawfully acquired. (5) An investment or philanthropic contribution (or both): (a) must be lawful; and (b) must not form the basis for security or collateral for a loan. Philanthropic contribution requirement (6) A philanthropic contribution must be approved for this regulation, in writing, by a State or Territory government agency. Investment requirements (7) An investment, and the means by which an investment is made: (a) must be of a kind permitted by the requirements specified in an instrument under subregulation (8); and (b) must com", "reviewMethod": "Source-based draft with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "recovered-au-visa-label-cessation-20150901", "countryCode": "AU", "country": "Australia", "title": "Prescribed visa-label issuance ended for new requests", "policyEffect": "From September 1, 2015, Australia removed the prescribed visa-label service by repealing Division 2.4 of Part 2 of the Migration Regulations 1994. Visa holders could use electronic records to demonstrate their status. The former rules continued to apply to a request for visa evidence made before September 1, 2015 if its visa evidence charge had also been paid before that date. Holding a valid Australian visa did not previously require a passport label to travel to, enter or remain in Australia.", "operativeDate": "2015-09-01", "year": 2015, "affectedGroup": "Australian visa holders requesting prescribed evidence of their visa", "materialConditionsAndExceptions": "Validated condition or limit: The former rules continued to apply to a request for visa evidence made before September 1, 2015 if its visa evidence charge had also been paid before that date.", "policyCategory": "Migration policy", "policyTool": "", "sourceName": "Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2015L01304/asmade/2015-08-20/text/original/pdf", "preciseCitation": "F2015L01304, commencement and Schedule 1; official explanatory statement", "evidencePassage": "to this instrument has effect according to its terms.Federal Register of Legislative Instruments F2015L01304 Schedule 1 Amendments 2 Migration Amendment (Visa Labels) Regulation 2015 No. 144, 2015 OPC61327 - A Schedule 1—Amendments Migration Regulations 1994 1 Division 2.4 of Part 2 Repeal the Division. 2 Schedule 13 Insert in its appropriate numerical position: Part 45—Amendments made by the Migration Amendment (Visa Labels) Regulation 2015 4501 Operation of Schedule 1 Despite the repeal of Division 2.4 of Part 2 of these Regulations by Schedule 1 to the Migration Amendment (Visa Labels) Regu … st following cessation of issuing visa labels. Having to obtain a visa label can result in unnecessary expense, delays and inconvenience for clients and third party stakeholders. The amendments to the Migration Regulations 1958 (the Migration Regulations) allow Australia to cease issuing all visa labels from 1 September 2015. Removing Division 2.4 of Part 2 of the Migration Regulations would remove the remaining requirement to provide visa labels, as there would be no prescribed form of evidence under the following provisions:  subsection 70(1) (which allows persons to request to be given a p … rescribed form of evidence); and  section 71A (which requires an officer to give a requesting person a prescribed form of evidence provided the visa evidence charge has been paid). Human rights implications The department has considered the amendments against the seven core international human rights treaties to which Australia is a party. It is considered that the Legislative Instrument engages Article 2 and 26 of the International Covenant on Civil and Political Rights (ICCPR). Article 2 of ICCPR provides that: “Each State Party to the present Covenant undertakes to respect and to ensure to … on, that Division, as in force immediately before the repeal, continues to apply on and after 1 September 2015 in relation to a request made under section 70 of the Migration Act for evidence of a visa if:  the request was made before 1 September 2015; and  the visa evidence charge for the request had been paid before 1 September 2015. The intention behind item 2 of Schedule 1 to the Regulation is to ensure that any request made under section 70 of the Migration Act for evidence of a visa will be a valid request if the request was made before 1 September 2015 and the visa evidence charge for … the request had been paid before 1 September 2015. A visa label must be provided in this circumstance. Explanatory Statement to F2015L01304 … ve Instruments F2015L01304 No. 144, 2015 Migration Amendment (Visa Labels) Regulation 2015 1 OPC61327 - A 1 Name This is the Migration Amendment (Visa Labels) Regulation 2015. 2 Commencement (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. The whole of this instrument 1 September 2015. 1 September 2015 Note: This table relates only", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "recovered-au-nz-scv-revocation-exception-20151017", "countryCode": "AU", "country": "Australia", "title": "Special Category Visa eligibility restored for specified New Zealand citizens after cancellation revocation", "policyEffect": "For visa applications made on or after October 17, 2015, the Special Category Visa rules allowed specified New Zealand citizens whose mandatory visa cancellation under subsection 501(3A) had been revoked following their representations to qualify despite the associated behaviour-concern ground. They had to present a current New Zealand passport and not be a health-concern non-citizen. The revocation could not have been set aside by the Minister under subsection 501BA(2), and no new behaviour-concern ground could have arisen since their representations, apart from removal or deportation caused by the cancelled visa.", "operativeDate": "2015-10-17", "year": 2015, "affectedGroup": "New zealand citizens applying for a special category visa after revocation of mandatory visa cancellation", "materialConditionsAndExceptions": "Validated condition or limit: For visa applications made on or after October 17, 2015, the Special Category Visa rules allowed specified New Zealand citizens whose mandatory visa cancellation under subsection 501(3A) had been revoked following their representations to qualify despite the associated behaviour-concern ground.", "policyCategory": "Migration policy", "policyTool": "", "sourceName": "Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2015L01661/asmade/2015-10-15/text/original/pdf", "preciseCitation": "F2015L01661, commencement, Schedule 1 and official explanatory statement", "evidencePassage": "edules Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.Authorised Version F2015L01661 registered 16/10/2015 Schedule 1 Amendments 2 Migration Amendment (Special Category Visas and Special Return Criterion 5001) Regulation 2015 No. 169, 2015 OPC61527 - A Schedule 1—Amendments Migration Regulations 1994 1 Regulation 1.03 (definition of special return criterion) Omit “Part 1 of”. 2 Regulation 5.15A Repeal the … regulation, substitute: 5.15A Special category visas—declared classes of New Zealand citizens (1) For paragraph 32(2)(c) of the Act, a person is in a class of persons for whom a visa of a class other than a special category visa would be inappropriate if the person: (a) is a New Zealand citizen who holds, and has presented to an officer, a New Zealand passport that is in force; and (b) is not a health concern non-citizen; and (c) is covered by subregulation (2) or (3). (2) A person is covered by this subregulation if the person is a behaviour concern non-citizen only because of having been exc … luded from a country other than Australia in circumstances that, in the opinion of the Minister, do not warrant the exclusion of the person from Australia. (3) A person is covered by this subregulation if: (a) the Minister has, under subsection 501(3A) of the Act (person serving sentence of imprisonment), cancelled a visa held by the person; and (b) the person has made representations to the Minister in accordance with the invitation given by the Minister under subsection 501CA(3) of the Act; and (c) the decision to cancel the visa is revoked under subsection 501CA(4) of the Act; and (d) the M … inister has not, under subsection 501BA(2) of the Act, set aside the decision to revoke the cancellation of the visa; andAuthorised Version F2015L01661 registered 16/10/2015 Amendments Schedule 1 No. 169, 2015 Migration Amendment (Special Category Visas and Special Return Criterion 5001) Regulation 2015 3 OPC61527 - A (e) since the person made the representations to the Minister mentioned in paragraph (b), no new grounds have arisen for the person to fall within the definition of behaviour concern non-citizen in subsection 5(1) of the Act, unless the only new ground that has arisen is the pers … on’s removal or deportation from Australia because of the decision to cancel the visa. 3 Division 444.2 of Schedule 2 (note) Repeal the note, substitute: Note: The only criteria are those set out in section 32 of the Act and in regulation 5.15A. 4 At the end of clause 5001 of Schedule 5 Add: ; or (d) a person whose visa has been cancelled under section 501BA of the Act if the Minister has not, acting personally, granted a permanent visa to the person after that cancellation. 5 Schedule 13 Insert in its appropriate numerical position: Part 47—Amendments made by the Migration Amendment (Special … Authorised Version F2015L01661 registered 16/10/2015 Authorised Version F2015L01661 registered 16/10/2015 No. 169, 2015 Migration Amendment (Special Category Visas and Special Return Criterion 5001) Regulation 2015 1 OPC61527 - A 1 Name This is the Migration Amendment (Special Category Visas and Special Return Criterion 5001) Regulation 2015. 2 Commencement (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement inf … ormation Column 1 Column 2 Column 3 Provisions Commencement Date/Details The whole of this instrument The day after this instrument is registered. 17 October 2015 Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument. (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument. 3 Authority This instrument is made under the Migration Act 1958. 4 Sch", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "recovered-au-src5001-personal-cancellation-20151017", "countryCode": "AU", "country": "Australia", "title": "Special Return Criterion 5001 extended to personal ministerial visa cancellations", "policyEffect": "For visa applications made on or after October 17, 2015, Special Return Criterion 5001 was extended to people whose visas had been cancelled personally by the Minister under section 501BA. A person affected by that cancellation could not satisfy this criterion unless the Minister had subsequently, acting personally, granted them a permanent visa. The restriction applied to visa classes that require Special Return Criterion 5001.", "operativeDate": "2015-10-17", "year": 2015, "affectedGroup": "Applicants for visas requiring special return criterion 5001 following cancellation under section 501ba", "materialConditionsAndExceptions": "Validated condition or limit: For visa applications made on or after October 17, 2015, Special Return Criterion 5001 was extended to people whose visas had been cancelled personally by the Minister under section 501BA.; A person affected by that cancellation could not satisfy this criterion unless the Minister had subsequently, acting personally, granted them a permanent visa.; The restriction applied to visa classes that require Special Return Criterion 5001.", "policyCategory": "Migration policy", "policyTool": "", "sourceName": "Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2015L01661/asmade/2015-10-15/text/original/pdf", "preciseCitation": "F2015L01661, commencement, Schedule 1 and official explanatory statement", "evidencePassage": "on’s removal or deportation from Australia because of the decision to cancel the visa. 3 Division 444.2 of Schedule 2 (note) Repeal the note, substitute: Note: The only criteria are those set out in section 32 of the Act and in regulation 5.15A. 4 At the end of clause 5001 of Schedule 5 Add: ; or (d) a person whose visa has been cancelled under section 501BA of the Act if the Minister has not, acting personally, granted a permanent visa to the person after that cancellation. 5 Schedule 13 Insert in its appropriate numerical position: Part 47—Amendments made by the Migration Amendment (Special … ormation Column 1 Column 2 Column 3 Provisions Commencement Date/Details The whole of this instrument The day after this instrument is registered. 17 October 2015 Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument. (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument. 3 Authority This instrument is made under the Migration Act 1958. 4 Sch", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "recovered-au-diplomatic-domestic-worker-standards-20151121", "countryCode": "AU", "country": "Australia", "title": "Australian wage and working-condition standards required for diplomatic domestic workers", "policyEffect": "For visa applications made on or after November 21, 2015, the Subclass 403 criteria for domestic workers of diplomatic or consular representatives required employment or engagement in accordance with wage and working-condition standards under relevant Australian legislation and awards.", "operativeDate": "2015-11-21", "year": 2015, "affectedGroup": "Domestic workers of diplomatic and consular representatives applying for subclass 403 visas", "materialConditionsAndExceptions": "Validated condition or limit: For visa applications made on or after November 21, 2015, the Subclass 403 criteria for domestic workers of diplomatic or consular representatives required employment or engagement in accordance with wage and working-condition standards under relevant Australian legislation and awards.", "policyCategory": "Migration policy", "policyTool": "", "sourceName": "Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2015L01810/asmade/2015-11-12/text/original/pdf", "preciseCitation": "F2015L01810, Schedule 2, commencement table and Schedule 10 application rules; official explanatory statement", "evidencePassage": "omestic workers 4 Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 No. 184, 2015 OPC61403 - E Schedule 2—Working conditions for diplomatic domestic workers Migration Regulations 1994 1 Clause 403.242 of Schedule 2 Before “If”, insert “(1)”. 2 At the end of clause 403.242 of Schedule 2 Add: (2) For the purposes mentioned in paragraph (1)(a) or (b), the applicant is employed or engaged in accordance with the standards for wages and working conditions provided for under relevant Australian legislation and awards.Authorised Version F2015L01810 registered 17/11/2015 Subclass 60 … ance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table The day after this instrument is registered. 18 November 2015 2. Schedules 1 to 4 21 November 2015. 21 November 2015 3. Schedule 5 1 December 2015. 1 December 2015 4. Schedule 6 21 November 2015. 21 November 2015 5. Schedule 7 Immediately after the commencement of Schedule 2 to the Migration Amendment (2015 Measures No. 1) … the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 commence on 1 January 2016. Migration Regulations 1994 2 Schedule 13 Insert in its appropriate numerical position: Part 48—Amendments made by the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 4801 Operation of Schedules 1 to 4 The amendments of these Regulations made by Schedules 1 to 4 to the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 apply in relation to an application for a visa made on or after 21 November 2015. Note: Schedules 1 to 4 to the Migration Legislation Am … endment (2015 Measures No. 3) Regulation 2015 commence on 21 November 2015.Authorised Version F2015L01810 registered 17/11/2015 Application and transitional provisions Schedule 10 No. 184, 2015 Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 15 OPC61403 - E 4802 Operation of Schedule 5 (1) The amendments of these Regulations made by Schedule 5 to the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 apply in relation to an application for a visa made on or after 1 December 2015. (2) However, to the extent that the application relates to work carried ou", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "recovered-au-working-holiday-paid-work-20151201", "countryCode": "AU", "country": "Australia", "title": "Second working-holiday visa work requirement included lawful remuneration", "policyEffect": "For applications made on or after December 1, 2015 by people who held or had held a Subclass 417 Working Holiday visa in Australia, qualifying specified regional work had to total at least three months of full-time work or its part-time or casual equivalent. The work had to be remunerated in accordance with relevant Australian legislation and awards. That remuneration requirement did not apply to work carried out before December 1, 2015.", "operativeDate": "2015-12-01", "year": 2015, "affectedGroup": "Subclass 417 working holiday visa holders seeking a further visa based on specified regional work", "materialConditionsAndExceptions": "Validated condition or limit: For applications made on or after December 1, 2015 by people who held or had held a Subclass 417 Working Holiday visa in Australia, qualifying specified regional work had to total at least three months of full-time work or its part-time or casual equivalent.; That remuneration requirement did not apply to work carried out before December 1, 2015.", "policyCategory": "Migration policy", "policyTool": "", "sourceName": "Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2015L01810/asmade/2015-11-12/text/original/pdf", "preciseCitation": "F2015L01810, Schedule 5, commencement table and Schedule 10 application rules; official explanatory statement", "evidencePassage": "ce under paragraph (3)(h). (6) For subregulation (5), the first applicant may be in or outside Australia.Authorised Version F2015L01810 registered 17/11/2015 Schedule 5 Work requirements for working holiday visas 8 Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 No. 184, 2015 OPC61403 - E Schedule 5—Work requirements for working holiday visas Migration Regulations 1994 1 Subclause 417.211(5) of Schedule 2 Repeal the subclause, substitute: (5) If the applicant is, or has previously been, in Australia as the holder of a Subclass 417 visa, the Minister is satisfied that: (a) … the applicant has carried out (whether on a full-time, part-time or casual basis) a period or periods of specified work in regional Australia as the holder of the visa; and (b) the total period of the work carried out is, or is equivalent to, at least 3 months full-time work; and (c) the applicant has been remunerated for the work in accordance with relevant Australian legislation and awards.Authorised Version F2015L01810 registered 17/11/2015 Addition of public interest criterion 4020 to certain visa subclasses Schedule 6 No. 184, 2015 Migration Legislation Amendment (2015 Measures No. 3) Re … ance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table The day after this instrument is registered. 18 November 2015 2. Schedules 1 to 4 21 November 2015. 21 November 2015 3. Schedule 5 1 December 2015. 1 December 2015 4. Schedule 6 21 November 2015. 21 November 2015 5. Schedule 7 Immediately after the commencement of Schedule 2 to the Migration Amendment (2015 Measures No. 1) … endment (2015 Measures No. 3) Regulation 2015 commence on 21 November 2015.Authorised Version F2015L01810 registered 17/11/2015 Application and transitional provisions Schedule 10 No. 184, 2015 Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 15 OPC61403 - E 4802 Operation of Schedule 5 (1) The amendments of these Regulations made by Schedule 5 to the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 apply in relation to an application for a visa made on or after 1 December 2015. (2) However, to the extent that the application relates to work carried ou … t before 1 December 2015, paragraph 417.211(5)(c) of Schedule 2 (as amended by the amendments referred to in subclause (1)) does not apply in relation to that work. Note: Schedule 5 to the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 commences on 1 December 2015. 4803 Operation of Schedule 6 The amendments of these Regulations made by Schedule 6 to the Migration Legislation Amendment (2015 Measures No. 3) Regulation 2015 apply in relation to the following applications for a visa: (a) an application made, but not finally determined, before 21 November 2015; (b) an appli", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "repair-fcp-2c91e026d8dc69ddd7cf", "countryCode": "AU", "country": "Australia", "title": "Australian Citizenship Amendment (Allegiance to Australia) Act 2015", "policyEffect": "Amends the Australian Citizenship Act 2007 to provide explicit powers for the cessation of Australian citizenship where a dual citizen engages in terrorism-related conduct.", "operativeDate": "2015-12-12", "year": 2015, "affectedGroup": "Existing holders", "materialConditionsAndExceptions": "", "policyCategory": "Citizenship or nationality status", "policyTool": "Enforcement", "sourceName": "aph.gov.au", "sourceUrl": "https://aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bid=r5507", "preciseCitation": "aph.gov.au. Australian Citizenship Amendment (Allegiance to Australia) Act 2015.; Australian Citizenship Amendment (Allegiance to Australia) Act 2015 (Act No. 166, 2015), Federal Register of Legislation.", "evidencePassage": "ir allegiance to Australia.ComLaw Authoritative Act C2015A00166 Main amendments Schedule 1 No. 166, 2015 Australian Citizenship Amendment (Allegiance to Australia) Act 2015 3 Schedule 1—Main amendments Australian Citizenship Act 2007 1 Section 32A Omit: • you serve in the armed forces of a country at war with Australia: see section 35; or substitute: • you engage in various kinds of conduct inconsistent with allegiance to Australia: see sections 33AA, 35 and 35A; or 2 Section 33 (heading) Repeal the heading, substitute: 33 Renunciation by application 3 After section 33 Insert: 33AA Renunciatio … n by conduct Renunciation and cessation of citizenship (1) Subject to this section, a person aged 14 or older who is a national or citizen of a country other than Australia renounces their Australian citizenship if the person acts inconsistently with their allegiance to Australia by engaging in conduct specified in subsection (2). Note 1: The Minister may, in writing, exempt the person from the effect of this section in relation to certain matters: see subsection (14). Note 2: This section does not apply to conduct of Australian law enforcement or intelligence bodies, or to conduct in the cour … se of certain duties to the Commonwealth: see section 35AB.ComLaw Authoritative Act C2015A00166 Schedule 1 Main amendments 4 Australian Citizenship Amendment (Allegiance to Australia) Act 2015 No. 166, 2015 (2) Subject to subsections (3) to (5), subsection (1) applies to the following conduct: (a) engaging in international terrorist activities using explosive or lethal devices; (b) engaging in a terrorist act; (c) providing or receiving training connected with preparation for, engagement in, or assistance in a terrorist act; (d) directing the activities of a terrorist organisation; (e) recruit … Australia after engaging in the conduct and, at the time that the person left Australia, the person had not been tried for any offence related to the conduct. (8) Subsection (1) applies to a person who is an Australian citizen regardless of how the person became an Australian citizen (including a person who became an Australian citizen upon the person’s birth). (9) Where a person renounces their Australian citizenship under this section, the renunciation takes effect, and the Australian citizenship of the person ceases, immediately upon the person engaging in the conduct referred to in subsec … n if that declaration had not been made. 4 Section 35 Repeal the section, substitute: 35 Service outside Australia in armed forces of an enemy country or a declared terrorist organisation Cessation of citizenship (1) A person aged 14 or older ceases to be an Australian citizen if: (a) the person is a national or citizen of a country other than Australia; and (b) the person:ComLaw Authoritative Act C2015A00166 Main amendments Schedule 1 No. 166, 2015 Australian Citizenship Amendment (Allegiance to Australia) Act 2015 9 (i) serves in the armed forces of a country at war with Australia; or (ii) f … ights for, or is in the service of, a declared terrorist organisation (see section 35AA); and (c) the person’s service or fighting occurs outside Australia. Note 1: The Minister may, in writing, exempt the person from the effect of this section in relation to certain matters: see subsection (9). Note 2: This section does not apply to conduct of Australian law enforcement or intelligence bodies, or to conduct in the course of certain duties to the Commonwealth: see section 35AB. (2) The person ceases to be an Australian citizen at the time the person commences to so serve or fight. (3) Subsecti … n: Australian law enforcement or intelligence body means a body, agency or organisation of the Commonwealth, or of a State or Territory, that is responsible for, or deals with, law enforcement, criminal intelligence, criminal investigation, fraud, security intelligence, foreign intelligence or financial intelligence. 5 After section 35 Insert: 35A Conviction for terrorism offences and certain other offences Cessation of citizenship on determination by Minister (1) The Minister may determine in writing that a person ceases to be an Australian citizen if: (a) the person has been convicted of an … offence against, or offences against, one or more of the following: (i) a provision of Subdivision A of Division 72 of the Criminal Code; (ii) a provision of section 80.1, 80.1AA or 91.1 of the Criminal Code; (iii) a provision of Part 5.3 of the Criminal Code (except section 102.8 or Division 104 or 105); (iv) a provision of Part 5.5 of the Criminal Code; (v) section 24AA or 24AB of the Crimes Act 1914; (vi) section 6 or 7 of the repealed Crimes (Foreign Incursions and Recruitment) Act 1978; and (b) the person has, in respect of the conviction or convictions, been sentenced to a period of impr … isonment of at least 6 years, or to periods of imprisonment that total at least 6 years; and (c) the person is a national or citizen of a country other than Australia at the time when the Minister makes the determination; and (d) the Minister is satisfied that the conduct of the person to which the conviction or convictions relate demonstrates that the person has repudiated their allegiance to Australia; andComLaw Authoritative Act C2015A00166 Main amendments Schedule 1 No. 166, 2015 Australian Citizenship Amendment (Allegiance to Australia) Act 2015 15 (e) having regard to the following facto", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "recovered-au-sponsorship-benefit-prohibition-20151214", "countryCode": "AU", "country": "Australia", "title": "Sponsorship-benefit offences and civil penalties introduced", "policyEffect": "From December 14, 2015, new sections 245AR and 245AS of the Migration Act 1958 prohibited asking for, receiving, offering or providing a benefit in return for a prescribed sponsorship-related event. The prohibitions applied even if the event did not occur. A benefit included payment or other valuable consideration, deductions, property, advantages, services and gifts. A reasonable payment for a professional service already provided or to be provided by the recipient or a third person was excepted; the person relying on that exception bore an evidential burden. Asking for or receiving a benefit became a criminal offence and attracted civil penalties; offering or providing a benefit attracted civil penalties. The framework also provided conditional executive-officer liability where an officer knew, was reckless or negligent about the corporate contravention, could influence the conduct and failed to take reasonable preventive steps. Covered sponsor classes were standard business, entertainment, superyacht crew, long stay activity, training and research, exchange, religious worker and sport sponsors. Prescribed visas were subclasses 186, 187, 401, 402 in the Research stream, 420, 457 and 488. Covered events included sponsor approval applications or variations; becoming or remaining a work-agreement party; agreeing to sponsor or retaining that agreement; making, including a person in, or retaining covered person or position nominations; employing or engaging a person, or retaining employment or engagement, for the sponsored occupation, position, program or activity; and grant of a covered visa. Implementing regulations also covered non-work-agreement labour agreements and their position nominations. Statutory geographical conditions and foreign-conduct defences in section 245AW applied; the prohibition did not assert universal overseas jurisdiction. The Act separately introduced visa-cancellation powers, and the regulations added nomination and application declarations; these are not treated as additional effects of this single benefit-trading prohibition record. The record identifies the new statutory offence and civil-penalty framework, without claiming that every form of sponsorship-cost recovery had previously been lawful.", "operativeDate": "2015-12-14", "year": 2015, "affectedGroup": "Parties exchanging benefits for covered australian sponsored-visa events, and executive officers meeting the statutory liability conditions", "materialConditionsAndExceptions": "Validated condition or limit: the person relying on that exception bore an evidential burden.", "policyCategory": "Work migration and sponsorship", "policyTool": "Offence and civil penalty prohibition", "sourceName": "Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/C2015A00161/asmade/2015-11-30/text/original/epub/OEBPS/document_1/document_1.html", "preciseCitation": "C2015A00161 Schedule1item6 (sections245AQ–245AW); F2015L01961 Schedule1item17; F2015L01959 commencement proclamation", "evidencePassage": "Migration Amendment (Charging for a Migration Outcome) Act 2015 No. 161, 2015 An Act to amend the Migration Act 1958 , and for other purposes Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Amendments Migration Act 1958 Migration Amendment (Charging for a Migration Outcome) Act 2015 No. 161, 2015 An Act to amend the Migration Act 1958 , and for other purposes [ Assented to 30 November 2015 ] The Parliament of Australia enacts: 1 Short title This Act may be cited as the Migration Amendment (Charging for a Migration Outcome) Act 2015 . 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 30 November 2015 2. Schedule 1 A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 14 December 2015 (F2015L01959) Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation 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. Schedule 1 — Amendments Migration Act 1958 1 After subsection 116(1AB) Insert: (1AC) Subject to subsections (2) and (3), the Minister may cancel a visa (the current visa ) if he or she is satisfied that: (a) a benefit was asked for or received by, or on behalf of, the person (the visa holder ) who holds the current visa from another person in return for the occurrence of a sponsorship ‑ related event; or (b) a benefit was offered or provided by, or on behalf of, the person (the visa holder ) who holds the current visa to another person in return for the occurrence of a sponsorship ‑ related event. (1AD) Subsection (1AC) applies: (a) whether or not the visa holder held the current visa or any previous visa at the time the benefit was asked for, received, offered or provided; and (b) whether or not the sponsorship ‑ related event relates to the current visa or any previous visa that the visa holder held; and (c) whether or not the sponsorship ‑ related event occurred. 2 Subsections 116(2) and (3) Omit “(1AA) or (1AB)”, substitute “(1AA), (1AB) or (1AC)”. 3 At the end of section 116 Add: (4) In this section: benefit has a … affected by section 245AQ. sponsorship ‑ related event has the meaning given by section 245AQ. 4 Subsection 117(1) Omit “(1AA), or (1AB)”, substitute “(1AA), (1AB) or (1AC)”. 5 Paragraph 140X(aa) After “Subdivision C”, insert “or D”. 6 At the end of Division 12 of Part 2 Add: Subdivision D — Offences and civil penalties in relation to sponsored visas 245AQ Definitions In this Subdivision: benefit includes: (a) a payment or other valuable consideration; and (b) a deduction of an amount; and (c) any kind of real or personal property; and (d) an advantage; and (e) a service; and (f) a gift. executive officer of a body corporate means: (a) a director of the body corporate; or (b) the chief executive officer (however described) of the body corporate; or (c) the chief financial officer (however described) of the body corporate; or (d) the secretary of the body corporate. sponsor class means a prescribed class of sponsor. sponsored visa means a visa of a prescribed kind (however described). sponsorship ‑ related event means any of the following events: (a) a person applying for approval as a sponsor under section 140E in relation to a sponsor class; (b) a person applying for a variation of a term of an approval as a sponsor under section 140E in relation to a sponsor class; (c) a person becoming, or not ceasing to be, a party to a work agreement; (d) a person agreeing to be, or not withdrawing his or her agreement to be, an approved sponsor in relation to an applicant or proposed applicant for a sponsored visa; (e) a person making a nomination under section 140GB in relation to a holder of, or an applicant or proposed applicant for, a sponsored visa, or including another person in such a nomination; (f) a person not withdrawing a nomination made under section 140GB in relation to a holder of, or an applicant or proposed applicant for, a sponsored visa; (g) a person applying under the regulations for approval of the nomination of a position in relation to the holder of, or an applicant or proposed applicant for, a sponsored visa, or including another person in such a nomination; (h) a person not withdrawing the nomination under the regulations of a position in relation to the holder of, or an applicant or proposed applicant for, a sponsored visa; (i) a person employing or engaging, or not terminating the employment or engagement of, a person to work in an occupation or position in relation to which a sponsored visa has been granted, has been applied for or is to be applied for; (j) a person engaging, or not terminating the engagement of, a person to undertake a program, or carry out an activity, in relation to which a sponsored visa has been granted, has been applied for or is to be applied for; (k) the grant of a sponsored visa; (l) a prescribed event. 245AR Prohibition on asking for or receiving a benefit in return for the occurrence of a sponsorship ‑ related event (1) A person (the first person ) contravenes this subsection if: (a) the first pe", "reviewMethod": "Source-based draft with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-8be3f8f7f87b66ee15eb", "countryCode": "AU", "country": "Australia", "title": "Creation of Entrepreneur Visa Stream under Business Innovation and Investment Program", "policyEffect": "Established an Entrepreneur stream within the Subclass 188 (Provisional) and Subclass 888 (Permanent) Business Innovation and Investment visa framework for entrepreneurs with funding of at least $200,000 from an approved third party.", "operativeDate": "2016-09-10", "year": 2016, "affectedGroup": "Entrepreneurs and startup founders", "materialConditionsAndExceptions": "Validated condition or limit: Established an Entrepreneur stream within the Subclass 188 (Provisional) and Subclass 888 (Permanent) Business Innovation and Investment visa framework for entrepreneurs with funding of at least $200,000 from an approved third party.", "policyCategory": "Labor migration / business migration", "policyTool": "Points / investment visa category", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2016L01391/asmade/2016-09-01/text/original/pdf", "preciseCitation": "", "evidencePassage": "If an applicant applies for a Subclass 188 visa in the Entrepreneur stream, the criteria in Subdivisions 188.21 and 188.28 are the primary criteria. … If an applicant applies for a Subclass 888 visa in the Entrepreneur stream, the criteria in Subdivisions 888.21 and 888.26 are the primary criteria for the grant of the visa. … 1. The whole of this instrument 10 September 2016. … For the grant of a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Entrepreneur stream, the applicant must be undertaking, or proposing to undertake, a complying entrepreneurial activity … the total amount of the funding provided or to be provided under the agreement or agreements is at least $200,000; … The applicant must be nominated by a State or Territory government agency … An applicant seeking to satisfy the primary criteria for the grant of a Subclass 888 (Business Innovation and Investment (Permanent)) visa in the Entrepreneur stream must hold a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Entrepreneur stream.", "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "recovered-au-subclass462-offline-charge-20161119", "countryCode": "AU", "country": "Australia", "title": "Subclass 462 added to non-Internet application charge regime", "policyEffect": "The replacement instrument added subclass 462 Work and Holiday visas to the classes attracting a non-Internet application charge. It also specifies exemptions for subclass 462 applicants who have a dependent child or have not previously held a subclass 462 visa. Commencement follows the 2016 Measures No. 4 regulation, which commenced on 19 November 2016.", "operativeDate": "2016-11-19", "year": 2016, "affectedGroup": "Subclass 462 work and holiday applicants", "materialConditionsAndExceptions": "", "policyCategory": "Migration policy", "policyTool": "", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2016L01779/asmade/text", "preciseCitation": "Visas Attracting a Non-Internet Application Charge 2016/099; Visas Attracting a Non-Internet Application Charge 2013/145; Migration Legislation Amendment (2016 Measures No. 4) Regulation 2016", "evidencePassage": "R5_19_4E Commonwealth of Australia Migration Regulations 1994 VISAS ATTRACTING A NON-INTERNET APPLICATION CHARGE 2016/099 (paragraph 2.12C(7)(a) and subregulation 2.12C(8)) I, PETER DUTTON, Minister for Immigration and Border Protection, acting under subregulations 2.12C(7) and 2.12C(8) of the Migration Regulations 1994 (the Regulations): REVOKE Instrument IMMI 13/145 (F2013L01937), Visas Attracting a Non-Internet Application Charge, signed 7 November 2013; SPECIFY for the purposes of paragraph 2.12C(7)(a) of the Regulations the following visas: Subclass 155 – Five Year Resident Return; Subcla … ss 157 – Three Month Resident Return; Subclass 417 – Working Holiday; Subclass 462 – Work and Holiday; Subclass 476 – Skilled – Recognised Graduate; and Subclass 485 – Temporary Graduate.SPECIFY for the purposes of subregulation 2.12C(8) of the Regulations (in the Schedule to this Instrument) the circumstances where the non-Internet application charge is not payable by an applicant. This Instrument Visas Attracting a Non-Internet Application Charge 2016/099, IMMI 16/099 commences immediately after the commencement of the Migration Legislation Amendment (2016 Measures No. 4) Regulation 2016. Da", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "recovered-au-subclass408-charge-exemptions-20161124", "countryCode": "AU", "country": "Australia", "title": "Specified subclass 408 applicants exempted from subsequent temporary application charge", "policyEffect": "The subsequent temporary application charge provision for subclass 408 changed from the whole subclass to the whole subclass except applicants in the classes specified for subparagraphs 1237(2)(a)(i), (ii) and (iii) of Schedule 1 to the Migration Regulations. The amendment commenced on the day after registration on 23 November 2016.", "operativeDate": "2016-11-24", "year": 2016, "affectedGroup": "Subclass 408 applicants in the specified classes", "materialConditionsAndExceptions": "Validated condition or limit: The subsequent temporary application charge provision for subclass 408 changed from the whole subclass to the whole subclass except applicants in the classes specified for subparagraphs 1237(2)(a)(i), (ii) and (iii) of Schedule 1 to the Migration Regulations.; The amendment commenced on the day after registration on 23 November 2016.", "policyCategory": "Migration policy", "policyTool": "", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2016L01791/asmade/text", "preciseCitation": "Visas Attracting a Subsequent Temporary Application Charge Amendment Instrument 2016/120", "evidencePassage": "120 Schedule 1 – Amendments IMMI 16/098 – Visas Attracting a Subsequent Temporary Application Charge 2016/098. 1. Schedule 1, table. In the column titled “Streams within that subclass (if applicable)” and in the row beginning “408”. Omit “The whole Subclass”, substitute “The whole Subclass except where an applicant is in a class of persons specified by the Minister for the purposes of subparagraphs 1237(2)(a)(i), 1237(2)(a)(ii) and 1237(2)(a)(iii) of Schedule 1 to the Regulations.” Authorised Version F2016L01791 registered 23/11/2016 … IMMI 16/120 Commonwealth of Australia Migration Regulations 1994 VISAS ATTRACTING A SUBSEQUENT TEMPORARY APPLICATION CHARGE AMENDMENT INSTRUMENT 2016/120 (Paragraph 2.12C(5)(a)) I, PETER DUTTON, Minister for Immigration and Border Protection, acting under paragraph 2.12C(5)(a) of the Migration Regulations 1994, make the following instrument. Dated: 22 November 2016 Peter Dutton THE HON PETER DUTTON MP Minister for Immigration and Border Protection Authorised Version F2016L01791 registered 23/11/2016 IMMI 16/120 Part 1 – Preliminary 1. Name of Legislative Instrument This instrument is Visas Att … racting a Subsequent Temporary Application Charge Amendment Instrument 2016/120. 2. Commencement This instrument commences on the day after registration on the Federal Register of Legislation. 3. Authority This instrument is made under subregulations 2.12C(5)(a) of the Migration Regulations 1994. 4. Schedules Each instrument that is specified in a Schedule to this instrument is amended as set out in the applicable items in the Schedule concerned and any other item in the Schedule to this instrument has effect according to its terms. Authorised Version F2016L01791 registered 23/11/2016 IMMI 16/", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "recovered-au-qualifying-residence-exemption-20170101", "countryCode": "AU", "country": "Australia", "title": "Qualifying residence exemption narrowed to referred-stay visa holders", "policyEffect": "The qualifying residence exemption visa list under paragraph 7(6AA)(f) of the Social Security Act changed from subclasses 100, 110, 801, 814 and 852 in the 2015 determination to subclass 852 alone, effective 1 January 2017.", "operativeDate": "2017-01-01", "year": 2017, "affectedGroup": "Holders of partner, interdependency and referred-stay visas specified by the replaced determination", "materialConditionsAndExceptions": "", "policyCategory": "Migration policy", "policyTool": "", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2016L01858/asmade/text", "preciseCitation": "Social Security (Class of Visas – Qualifying Residence Exemption) Determination 2016; Social Security (Class of Visas—Qualifying Residence Exemption) Determination 2015", "evidencePassage": "ecurity Act 1991. 4 Revocation The following instrument is revoked: Social Security (Class of Visas – Qualifying Residence Exemption) Determination 2015 5 Class of Visas For the purposes of paragraph 7(6AA)(f) of the Social Security Act 1991 the class of visas is Subclass 852 (Referred Stay (Permanent)). … ) Determination 2009 is revoked. 4 Class of visas For the purposes of paragraph 7(6AA)(f) of the Social Security Act 1991, classes of visas are: (a) Subclass 100 (Partner); (b) Subclass 110 (Interdependency); (c) Subclass 801 (Partner); (d) Subclass 814 (Interdependency); and (e) Subclass 852 (Referred Stay (Permanent)). … rding to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. The whole of this instrument 1 January 2017. Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument. (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument. 3 Authority This instrument is made under paragraph 7(6AA)(f) of the Social S", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "recovered-au-student-pro-rata-evidence-20170321", "countryCode": "AU", "country": "Australia", "title": "Proportional financial evidence for student and guardian stays under twelve months", "policyEffect": "For student and student guardian visa applicants staying less than twelve months, the replacement instrument specifies pro rata living-cost evidence and, where applicable, pro rata schooling costs; it defines the calculation as the annual amount divided by 365 and multiplied by the intended number of days. It commenced on 21 March 2017, the day after registration.", "operativeDate": "2017-03-21", "year": 2017, "affectedGroup": "Subclass 500 student and subclass 590 student guardian applicants and relevant dependants", "materialConditionsAndExceptions": "Validated condition or limit: It commenced on 21 March 2017, the day after registration.", "policyCategory": "Migration policy", "policyTool": "", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2017L00267/asmade/text", "preciseCitation": "Evidence of Financial Capacity for Subclass 500 (Student) Visas and Subclass 590 (Student Guardian) Visas 2017/012; Migration Regulations 1994 - Specification of Evidence of Financial Capacity for Subclass 500 (Student) Visas and Subclass 590 (Student Guardian) Visas 2016/018 - IMMI 16/018", "evidencePassage": "IMMI 17/012 Commonwealth of Australia Migration Regulations 1994 EVIDENCE OF FINANCIAL CAPACITY FOR SUBCLASS 500 (STUDENT) VISAS AND SUBCLASS 590 (STUDENT GUARDIAN) VISAS 2017/012 (Subclauses 500.214(4), 500.313(4) and 590.216(4)) I, DAVID WILDEN, Delegate of the Minister for Immigration and Border Protection, acting under subclauses 500.214(4), 500.313(4) and 590.216(4) of Schedule 2 to the Migration Regulations 1994 (the Regulations): 1. REVOKE Instrument IMMI 16/018 (F2016L00639), Evidence of Financial Capacity for Subclass 500 (Student) Visas and Subclass 590 (Student Guardian) Visas 2016/ … Instrument: a) if the applicant’s intended stay in Australia is for a period of 12 months or longer, the annual living costs and expenses amounts for the first 12 month period is: i. for a student—$19,830 AUD; ii. for a student guardian—$19,830 AUD; iii. for a spouse or de facto partner—$6,940 AUD; iv. for a dependent child—$2,970 AUD; or b) if the applicant’s intended stay in Australia is for a period that is less than 12 months, the living costs and expenses amount is the pro rata equivalent of the annual amounts specified in paragraph a) of this item. 6. SPECIFY the following evidence of fi … nancial capacity that satisfies the requirements specified in item 2, item 3 and item 4 of this Instrument: a) money deposit with a financial institution; b) loan with a financial institution; c) government loans; d) scholarship or financial support. 7. SPECIFY for the purposes of subclause 500.214(3) of Schedule 2 to the Regulations, for each Secondary Applicant who is a child of school-age, the evidence to be provided by the applicant of either: a) the annual minimum amount for schooling of $8000 per annum; or b) if the applicant’s intended stay in Australia is for a period that is less than … 12 months, 3 Authorised Version F2017L00267 registered 20/03/2017 IMMI 17/012 the amount specified for schooling is the pro rata equivalent of the annual amount specified in paragraph a) of this item; or c) enrolment in a course at a State or Territory government school where the fees have been waived and the applicant meeting the primary criteria is enrolled in a course as a: i. doctoral degree student; or ii. Foreign Affairs student; or iii. Defence student; or iv. Commonwealth sponsored student. 8. SPECIFY the following annual income amounts that satisfies the minimum requirements specifie … made. 10. In this Instrument, the pro rata equivalent of an annual amount is calculated by: a) dividing the annual amount by 365; and b) multiplying the resulting number by the number of days the applicant is intending to stay in Australia. 4 Authorised Version F2017L00267 registered 20/03/2017 IMMI 17/012 This Instrument, Evidence of Financial Capacity for Subclass 500 (Student) Visas and Subclass 590 (Student Guardian) Visas 2017/012, IMMI 17/012, commences on the day after it is registered on the Federal Register of Legislation. Dated: 17 March 2017 DAVID WILDEN Senior Executive Service, B … 018. 2. SPECIFY under subclause 500.214(4) of Schedule 2 to the Regulations and for the purposes of subclause 500.214(3) of Schedule 2 to the Regulations, that the applicant seeking to satisfy the primary criteria of a Subclass 500 (Student) visa (Primary Applicant) must give to the Minister evidence of financial capacity of the following requirements: a) sufficient funds to meet the following costs or expenses of the Primary Applicant, as specified in item 6 of this Instrument: i. travel expenses; and ii. living costs and expenses as specified in item 5 of this Instrument; and iii. course fee … epartment of Foreign Affairs and Trade; or f) for a Primary Applicant sponsored by the Department of Defence—a letter of support from the Department of Defence. 3. SPECIFY under subclause 500.313(4) of Schedule 2 to the Regulations and for the purposes of subclause 500.313(3) of Schedule 2 to the Regulations, that a Secondary Applicant must give to the Minister the evidence of financial capacity that corresponds with the circumstances applicable to the Secondary Applicant in the Schedule to this Instrument. 4. SPECIFY under subclause 590.216(4) of Schedule 2 to the Regulations and for the purp … oses of subclause 590.216(3) of Schedule 2 to the Regulations, that the applicant seeking to satisfy the primary criteria of a Subclass 590 (Primary Student Guardian Applicant) visa must give the Minister evidence of financial capacity of the following requirements: a) sufficient funds to meet the following costs or expenses of the applicant, as specified in item 6 of this Instrument: i. travel expenses; and ii. living costs and expenses as specified in item 5 of this Instrument; and b) sufficient funds to meet the following costs or expenses of the Primary Student Guardian Applicant as specif", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-3f4ec62d0d2d7916b740", "countryCode": "AU", "country": "Australia", "title": "Creation of Subclass 189 Skilled - Independent (New Zealand Stream) and Lowering Points-Tested Age Ceiling", "policyEffect": "Amends the Migration Regulations 1994 to create a new permanent visa stream under Subclass 189 for eligible New Zealand citizens holding Subclass 444 visas who meet residence and income thresholds, while lowering the maximum age threshold for points-tested Subclass 189 visa applicants to 45 years.", "operativeDate": "2017-07-01", "year": 2017, "affectedGroup": "Skilled migrants and new zealand citizens", "materialConditionsAndExceptions": "Validated condition or limit: Amends the Migration Regulations 1994 to create a new permanent visa stream under Subclass 189 for eligible New Zealand citizens holding Subclass 444 visas who meet residence and income thresholds, while lowering the maximum age threshold for points-tested Subclass 189 visa applicants to 45 years.", "policyCategory": "Admission and residence", "policyTool": "Points system / visa scheme adjustment", "sourceName": "Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/Details/F2017L00549", "preciseCitation": "Migration Legislation Amendment (2017 Measures No. 2) Regulations 2017 (Select Legislative Instrument F2017L00549)", "evidencePassage": ". 2) Regulations 2017 OPC62658 - A Schedule 1—New permanent visa for New Zealand citizens and age requirement for points-tested Subclass 189 visas Migration Regulations 1994 1 Paragraph 2.26AC(2)(a) Omit “visa; or”, substitute “visa in the Points-tested stream; or”. 2 Subitems 1137(2) to (4) of Schedule 1 Repeal the subitems, substitute: Points-tested stream (2) Subitems (3) to (4C) set out the requirements for: (a) an applicant (a primary Points-tested applicant) seeking to satisfy the primary criteria for the grant of a Subclass 189 (Skilled—Independent) visa in the Points-tested stream; or … not for a Subclass 485 (Temporary Graduate) visa 5 The applicant must not nominate the New Zealand stream (4C) The Minister may, by legislative instrument, specify skilled occupations for the purposes of item 4 of the table in subitem (4B). New Zealand stream (4D) Subitems (4E) to (4G) set out the requirements for: (a) an applicant (a primary NZ applicant) seeking to satisfy the primary criteria for the grant of a Subclass 189 (Skilled—Independent) visa in the New Zealand stream; orAuthorised Version F2017L00549 registered 19/05/2017 Schedule 1 New permanent visa for New Zealand citizens and … primary criteria $2,880 2 Applicant who was at least 18 at the time of the application, and satisfies the secondary criteria $1,440 3 Applicant who was under 18 at the time of the application, and satisfies the secondary criteria $720 (4G) Other: (a) An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for this item under subregulation 2.07(5). (b) The applicant must not nominate the Points-tested stream. (c) A primary NZ applicant must hold a Subclass 444 (Special Category) visa. (d) A secondary applicant in Australia must … for New Zealand stream Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 189 visa in the New Zealand stream. 189.231 (1) The applicant had been usually resident in Australia for a continuous period of at least 5 years immediately before the date of the application. (2) That continuous period of usual residence in Australia started on or before 19 February 2016. 189.232 (1) The applicant has provided copies of notices of assessment, and of any notices of amended assessments, given to the applicant by the Commissioner of Taxation, of the applicant’s income tax liability in relation to the 4 most recently completed income years before the date of the application (during the period of 5 years immediately before that date). (2) The requirement in subclause (1) is satisfied in relation to a copy of a notice even if the copy does not include the applicant’s tax file number within the meaning of Part VA of the Income Tax Assessment Act 1936. 189.233 (1) For each of the 4 completed income years mentioned in subclause 189.232(1): (a) the applicant’s taxable income (within the meaning of the Income Tax Assessment Act 1997) is no less than the … minimum amount specified by the Minister for the year under subclause (2); or (b) the applicant:Authorised Version F2017L00549 registered 19/05/2017 Schedule 1 New permanent visa for New Zealand citizens and age requirement for points-tested Subclass 189 visas 8 Migration Legislation Amendment (2017 Measures No. 2) Regulations 2017 OPC62658 - A (i) satisfies the Minister that he or she was a member of a class of exempt applicants specified by the Minister under subclause (2) during the whole, or a specified period, of that year; and (ii) provides evidence specified by the Minister under subclause", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-143060995a4a3d33664e", "countryCode": "AU", "country": "Australia", "title": "Extension of Public Interest Criterion 4020 Fraud Exclusion Period (Regulations 2017 Measures No. 4)", "policyEffect": "Amended Public Interest Criterion 4020 of the Migration Regulations 1994 to expand the lookback and exclusion period for providing false or misleading information from 12 months to 10 years, applying in relation to an application for a visa made on or after 18 November 2017.", "operativeDate": "2017-11-18", "year": 2017, "affectedGroup": "Visa applicants", "materialConditionsAndExceptions": "Validated condition or limit: Amended Public Interest Criterion 4020 of the Migration Regulations 1994 to expand the lookback and exclusion period for providing false or misleading information from 12 months to 10 years, applying in relation to an application for a visa made on or after 18 November 2017.", "policyCategory": "Admission and residence", "policyTool": "Integrity and fraud screening / exclusion bans", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2017L01425/asmade/2017-11-02/text/original/pdf", "preciseCitation": "", "evidencePassage": "111 Paragraph 4020(1)(b) of Schedule 4 Omit “in the period of 12 months”, substitute “, or applied for, in the period of 10 years”. … (1) The amendments of Schedules 1, 2 and 4 to these Regulations made by Schedule 2 to the Migration Legislation Amendment (2017 Measures No. 4) Regulations 2017 apply in relation to an application for a visa made on or after 18 November 2017.", "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "record-measure-e417992c5139b1b10cf7547e", "countryCode": "AU", "country": "Australia", "title": "(a) for a nomination application lodged on or after 18 March 2018 and before 18 June 2018 – the 12 month period immediately before the nomination application form is lodged.", "policyEffect": "(a) for a nomination application lodged on or after 18 March 2018 and before 18 June 2018 – the 12 month period immediately before the nomination application form is lodged. (b) for a nomination application lodged on or after 18 June 2018 – the 6 month period immediately before the nomination application form is lodged.", "operativeDate": "2018-03-18", "year": 2018, "affectedGroup": "Nomination application for labour market testing", "materialConditionsAndExceptions": "Recorded validated scope: Period for undertaking labour market testing.", "policyCategory": "Migration policy", "policyTool": "", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2018L00293", "preciseCitation": "", "evidencePassage": "1958. 5 Schedules Each instrument that is specified in a Schedule to this instrument is repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.Authorised Version F2018L00293 registered 16/03/2018 2 Migration (IMMI 18/059: Period within which labour market testing is required to be undertaken) Instrument 2018. Part 2 – Period within which labour market testing is required to be undertaken 6 Period within which labour market testing is required to be undertaken For the purposes of paragraph 140GBA(3)(a) of the Act, the period within which labour market testing is required to be undertaken in relation to a nominated occupation is: (a) for a nomination application lodged on or after 18 March 2018 and before 18 June 2018 – the 12 month period immediately before the nomination application form is lodged. (b) for a nomination application lodged on or after 18 June 2018 – the 6 month period immediately before the nomination application form is lodged. Note: Subsection 140GBA(4A) of the Act establishes the requirements for labour market testing where there have been redundancies or retrenchments", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "record-measure-1a6119e411d4f9c7ca5fff9d", "countryCode": "AU", "country": "Australia", "title": "ANZSCO as defined in IMMI 18/051, as in force on 18 March 2018,", "policyEffect": "ANZSCO as defined in IMMI 18/051, as in force on 18 March 2018,", "operativeDate": "2018-03-18", "year": 2018, "affectedGroup": "Specified occupations exempt from labour market testing", "materialConditionsAndExceptions": "Recorded validated scope: Reference to ANZSCO classification.", "policyCategory": "Migration policy", "policyTool": "", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2018L00292", "preciseCitation": "", "evidencePassage": "instrument that is specified in a Schedule to this instrument is repealed or amended as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.Authorised Version F2018L00292 registered 16/03/2018 Migration (IMMI 18/062: Amendment of IMMI 13/137) Instrument 2018 2 Schedule 1—Amendments SPECIFICATION OF OCCUPATIONS EXEMPT FROM LABOUR MARKET TESTING - IMMI 13/137 (F2013L01952) 1 Section 1 After “ANZSCO” insert “as defined in IMMI 18/051, as in force on 18 March 2018,”. 2 Section 2 After “ANZSCO” insert “as defined in IMMI 18/051, as in force on 18 March 2018,”. 3 Section 3 Repeal the section.Authorised Version F2018L00292 registered 16/03/2018", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-cc9ec87210a52c1f59df", "countryCode": "AU", "country": "Australia", "title": "Establishment of the Pacific Labour Scheme Stream in Subclass 403 Visa", "policyEffect": "Created the Pacific Labour Scheme stream within the Subclass 403 (Temporary Work (International Relations)) visa, establishing eligibility, sponsorship, endorsement, and visa conditions for participants.", "operativeDate": "2018-07-01", "year": 2018, "affectedGroup": "Applicants seeking to participate in the pacific labour scheme endorsed by foreign affairs", "materialConditionsAndExceptions": "Validated condition or limit: Created the Pacific Labour Scheme stream within the Subclass 403 (Temporary Work (International Relations)) visa, establishing eligibility, sponsorship, endorsement, and visa conditions for participants.", "policyCategory": "Work authorization", "policyTool": "Bilateral temporary labour mobility stream", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2018L00829/asmade/2018-06-21/text/original/pdf", "preciseCitation": "", "evidencePassage": "After Subdivision 403.26 of Schedule 2 Insert: 403.27—Criteria for the Pacific Labour Scheme stream … The amendments of these Regulations made by Schedule 1 to the Migration Amendment (Pacific Labour Scheme) Regulations 2018 apply in relation to visa applications made on or after 1 July 2018.", "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-f125f5918794b1197685", "countryCode": "AU", "country": "Australia", "title": "Increase of Points-Tested General Skilled Migration Pass Mark to 65 Points", "policyEffect": "Increased the minimum pass mark from 60 points to 65 points for General Skilled Migration visa subclasses (Subclass 189 Skilled Independent, Subclass 190 Skilled Nominated, and Subclass 489 Skilled Regional Provisional).", "operativeDate": "2018-07-01", "year": 2018, "affectedGroup": "Points-tested skilled visa applicants", "materialConditionsAndExceptions": "Validated condition or limit: Increased the minimum pass mark from 60 points to 65 points for General Skilled Migration visa subclasses (Subclass 189 Skilled Independent, Subclass 190 Skilled Nominated, and Subclass 489 Skilled Regional Provisional).", "policyCategory": "Admission", "policyTool": "Points test threshold adjustment", "sourceName": "Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/Details/F2018L00920", "preciseCitation": "Migration (IMMI 18/067: Pool and Pass Marks for General Skilled Migration Visas) Instrument 2018 (F2018L00920), Federal Register of Legislation.", "evidencePassage": "marks in relation to general skilled migration visas 6 Pool and pass marks—post-1 July 2018 invitations to apply (1) For the purposes of the Act and Regulations, the pool mark in relation to a general skilled migration visa is 65 points. (2) For the purposes of the Act and Regulations, the pass mark in relation to applications for a general skilled migration visa is 65 points. 7 Pool and pass marks—pre-1 July 2018 invitations to apply (1) For the purposes of the Act and Regulations, the pool mark in relation to a general skilled migration visa is 60 points. (2) For the purposes of the Act and Regulations", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-ee82f281d12830621ed3", "countryCode": "AU", "country": "Australia", "title": "Implementation of Skilling Australians Fund (SAF) Nomination Training Contribution Charge", "policyEffect": "Imposed the statutory Skilling Australians Fund (SAF) levy on employer nominations under Subclass 482 (TSS), Subclass 186 (ENS), and Subclass 187 (RSMS), replacing the former training benchmark expenditure requirements with a mandatory upfront government charge.", "operativeDate": "2018-08-12", "year": 2018, "affectedGroup": "Sponsoring employers and skilled temporary/permanent sponsored migrants", "materialConditionsAndExceptions": "", "policyCategory": "Work authorization", "policyTool": "Employer sponsorship levy", "sourceName": "Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/Details/F2018L01093", "preciseCitation": "Migration Amendment (Skilling Australians Fund) Regulations 2018 (F2018L01093), Federal Register of Legislation.", "evidencePassage": "applied to be, a temporary activities sponsor; and 14 Subregulation 2.72A(3) Repeal the subregulation, substitute: (3) The Minister is satisfied that the sponsor is a temporary activities sponsor. 15 Subregulation 2.72B(1) After “a nomination by”, insert “a person who is, or who has applied to be,”. 16 After subregulation 2.73(5) Insert: (5A) The nomination must be accompanied by any nomination training contribution charge the person is liable to pay in relation to the nomination. 17 Subparagraph 2.73(9)(b)(i) After “work agreement”, insert “or negotiations for a work agreement”. 18 At the end of … turnover (within the meaning of the Migration (Skilling Australians Fund) Charges Regulations 2018) for nominations in relation to which the person is liable for nomination training contribution charge. 32 Subparagraphs 2.87(1A)(a)(iiia) and (b)(iiia) and (1B)(a)(iiia) and (b)(iiia) After “2.73A(3)”, insert “or nomination training contribution charge”. 33 Regulation 2.87B Repeal the regulation. 34 Paragraph 4.02(5)(c) Omit “approved sponsor”, substitute “person”. 35 After paragraph 5.19(2)(f) Insert: (fa) be accompanied by any nomination training contribution charge the nominator is liable to … pay in relation to the nomination; and (fb) identify the annual turnover (within the meaning of the Migration (Skilling Australians Fund) Charges Regulations 2018) for the nomination; and 36 After paragraph 5.19(4)(d) Insert: (da) any debt due by the nominator as mentioned in section 140ZO of the Act (recovery of nomination training contribution charge and late payment penalty) has been paid in full; 37 Paragraph 5.19(5)(i) Repeal the paragraph. 38 Paragraph 5.19(10)(b) Omit “instrument;”, substitute “instrument.”. 39 Paragraph 5.19(10)(c) Repeal the paragraph. 40 Subregulation 5.36(4) (after … being paid was paid in another currency, in that other currency. 42 After Division 5.7 of Part 5 Insert: Division 5.7A—Nomination training contribution charge 5.42 Nominations that attract nomination training contribution charge (1) For the purposes of subsection 140ZM(1) of the Act, a nomination of a proposed occupation under paragraph 140GB(1)(b) of the Act in relation to any of the following is prescribed: (a) a holder of a Subclass 457 (Temporary Work (Skilled)) visa; (b) a holder of a Subclass 482 (Temporary Skill Shortage) visa; (c) an applicant or a proposed applicant for a Subclass 482 … (Temporary Skill Shortage) visa. (2) For the purposes of paragraph 140ZM(2)(a) of the Act, the following kinds of visas are prescribed: (a) Subclass 186 (Employer Nomination Scheme) visas; (b) Subclass 187 (Regional Sponsored Migration Scheme) visas. (3) For the purposes of paragraph 140ZM(2)(b) of the Act, nominations under regulation 5.19 are prescribed.Authorised Version F2018L01093 registered 06/08/2018 Skilling Australians Fund Schedule 1 Migration Amendment (Skilling Australians Fund) Regulations 2018 9 OPC63282 - A 43 In the appropriate position in Schedule 13 Insert: Part 76—Amendments … made by the Migration Amendment (Skilling Australians Fund) Regulations 2018 7601 Definitions In this Part: amending regulations means the Migration Amendment (Skilling Australians Fund) Regulations 2018. commencement day means 12 August 2018. 7602 Operation of amendments (1) Subregulation 2.72(10A), as inserted by the amending regulations, applies in relation to a nomination made on or after 18 March 2018 that is not finally determined before the commencement day. (2) The amendments of subregulation 2.72(16) made by the amending regulations apply in relation to a nomination made on or after", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-c8c3a6d68e3e197fe1f3", "countryCode": "AU", "country": "Australia", "title": "Establishment of Permanent Residence Pathway for Long-Term Temporary Retirees", "policyEffect": "Created an onshore permanent residency pathway for long-standing temporary retirees holding Subclass 405 (Investor Retirement) or Subclass 410 (Retirement) visas through dedicated access to Parent (Subclass 103) and Contributory Parent (Subclass 143) visa categories.", "operativeDate": "2018-11-17", "year": 2018, "affectedGroup": "Long-term resident temporary retiree visa holders", "materialConditionsAndExceptions": "", "policyCategory": "Residence", "policyTool": "Permanent residence pathway concession", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2018L01472/asmade/2018-10-25/text/original/pdf", "preciseCitation": "", "evidencePassage": "An applicant who is seeking to satisfy the primary criteria set out in clause 103.214 of Schedule 2 for a Subclass 103 (Parent) visa must: (i) be in Australia, but not in immigration clearance; and (ii) meet the requirements of subitem (3A). … An applicant who is seeking to satisfy the primary criteria set out in clause 143.214 of Schedule 2 for a Subclass 143 (Contributory Parent) visa must: (i) be in Australia, but not in immigration clearance; and (ii) meet the requirements of subitem (3A).", "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-65c8aefc270ad4a24913", "countryCode": "AU", "country": "Australia", "title": "Introduction of Seamless Traveller Contactless Border Clearance Regulations", "policyEffect": "Amended border clearance regulations to remove the strict legal requirement to present a physical passport at automated SmartGates where identity can be established electronically via facial recognition and stored passenger travel credentials.", "operativeDate": "2018-11-17", "year": 2018, "affectedGroup": "International travellers arriving in and departing australia", "materialConditionsAndExceptions": "Validated condition or limit: Amended border clearance regulations to remove the strict legal requirement to present a physical passport at automated SmartGates where identity can be established electronically via facial recognition and stored passenger travel credentials.", "policyCategory": "Border controls", "policyTool": "Biometric border automation rule", "sourceName": "Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/Details/F2018L01538", "preciseCitation": "Migration Amendment (Seamless Traveller) Regulations 2018 (F2018L01538), Federal Register of Legislation.", "evidencePassage": "in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.Authorised Version F2018L01538 registered 05/11/2018 Schedule 1 Amendments 2 Migration Amendment (Seamless Traveller) Regulations 2018 OPC63311 - A Schedule 1—Amendments Migration Regulations 1994 1 Before subregulation 3.03(1) Insert: (1A) For the purposes of subparagraph 166(1)(a)(i) of the Act, an image of a person’s face and shoulders is prescribed as other evidence of the person’s identity and Australian citizenship. 2 Subregulation 3.03(1) (note) Repeal … the note. 3 Before subregulation 3.03(2) Insert: (2A) For the purposes of subsection 166(3) of the Act, a person who seeks to comply with subparagraph 166(1)(a)(i) of the Act by presenting an image of the person’s face and shoulders must do so by presenting themselves to an authorised system. 4 Paragraph 3.03(3)(a) Repeal the paragraph, substitute: (a) if the non-citizen is taken to hold a special purpose visa—provide a completed passenger card to a clearance officer if required by Part 1 of Schedule 9 and present: (i) the non-citizen’s passport to an authorised system; or (ii) an image of the … non-citizen’s face and shoulders by presenting themselves to an authorised system; or (iii) evidence of the non-citizen’s identity, as specified in that Part, to a clearance officer; and 5 Subparagraph 3.03(3)(b)(i) After “present”, insert “an image of the non-citizen’s face and shoulders by presenting themselves to an authorised system or present”. 6 Subparagraphs 3.03(3)(d)(i), (e)(i), (ea)(i), (f)(i), (fa)(i) and (g)(i) Omit “present evidence of the person’s”, substitute “present an image of the non-citizen’s face and shoulders by presenting themselves to an authorised system or present evidence of the non-citizen’s”. 7 Subregulation 3.03(4) Repeal the subregulation, substitute: (4) For the purposes of subsection 166(3) of the Act, a non-citizen who is required to comply with section 166 of the Act (other than a non-citizen mentioned in subregulation (3)) must: (a) present: (i) an image of the non-citizen’s face and shoulders by presenting themselves to an authorised system; orAuthorised Version F2018L01538 registered 05/11/2018 Amendments Schedule 1 Migration Amendment (Seamless Traveller) Regulations 2018 3 OPC63311 - A (ii) the non-citizen’s passport to a clearance authority; and (b) if the non-citizen’s visa is evidenced by a label and a clearance officer asks for the label to be shown—present the label to a clearance officer; and (c) provide a completed passenger card to a clearance officer. (5) In this regulation: authorised system means an automated system that is an authorised system for the purposes of section 166 of the Act. 8 Subregulation 3.09(1) Insert: authorised system means an automated system that is an authorised system for the purposes of section 170 of the Act. 9 Subregulations 3.09(2) to (3) Repeal the subregulations, substitute: (2) For the purposes of paragraph 170(1)(a) of the Act, each of the following is prescribed as evidence of a person’s identity: (a) an image of the person’s face and shoulders; (b) a passport issued to the person that is in force and bears a photograph and the full name of the person; (c) a licence to drive a motor vehicle issued to the person under a law of the Commonwealth, or a State or Territory, that is in force and bears a photograph and the full name of the person; (d) a document issued to the person by: (i) the Commonwealth or a State or Territory; or (ii) a Commonwealth, State or Territory authority … Act by presenting an image of the person’s face and shoulders must do so by presenting themselves to an authorised system. 10 At the end of regulation 5.15A Add: (4) For the purposes of paragraph 32(2)(c) of the Act, a declared class of persons for whom a visa of another class would be inappropriate is New Zealand citizens: (a) who hold a New Zealand passport that: (i) is in force; and (ii) is of a kind determined under section 175A of the Act to be an eligible passport for the purposes of Division 5 of Part 2 of the Act; andAuthorised Version F2018L01538 registered 05/11/2018 Schedule 1 Amendments 4 Migration Amendment (Seamless Traveller) Regulations 2018 OPC63311 - A (b) who have presented an image of their face and shoulders by presenting themselves to an authorised system and who, as a result, have been satisfactorily identified; and (c) who are neither behaviour concern non-citizens nor health concern non-citizens. (5) In this regulation: authorised system means an automated system that is an authorised system for the purposes of section 32 of the Act. 11 Paragraph 1219(3)(b) of Schedule 1 Repeal the paragraph, substitute: (b) The applicant must present to an officer or a clearance authority a New Zealand passport held by the applicant that is in force unless: (i) the application is made using an authorised system; and (ii) the applicant holds a New Zealand passport that is in force; and (iii) for the purposes of being immigration cleared, the applicant presents an image of the applicant’s face and shoulders by presenting themselves to an authorised system and, as a result, the applicant is satisfactorily identified. 12 At the end of item 1219 of Schedule 1 Add: (5) In this item: authorised system means an automated system that is an authorised system for the purposes", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-8a03fd08c4116a70af02", "countryCode": "AU", "country": "Australia", "title": "Medivac: statutory medical-transfer approval and review pathway", "policyEffect": "From March 2, 2019, Schedule 6 of the Home Affairs Legislation Amendment (Miscellaneous Measures) Act 2019 added a medical-transfer approval and review pathway alongside the existing section 198B temporary-transfer power. For the section 198E pathway, the person had to be a transitory person in a regional processing country when the section commenced, or born in a regional processing country. Two or more treating doctors had to notify the Secretary that the person needed medical or psychiatric assessment or treatment, was not receiving appropriate care there, and needed removal for appropriate care. Treating doctors could be registered or licensed in Australia or a regional processing country and could assess remotely or in person. The Minister had to decide personally within 72 hours of notification and approve unless transfer was reasonably considered medically unnecessary, reasonably suspected prejudicial to security, or the person had a statutory substantial criminal record and was reasonably believed to pose a serious risk of criminal conduct. Failure to decide in time meant deemed approval. A refusal on medical-necessity grounds went to the Independent Health Advice Panel for further assessment and recommendation within 72 hours; failure to recommend in time meant a deemed recommendation to approve. The Minister then had 24 hours to reconsider. If the panel recommended approval, refusal was limited to the security or criminal-risk grounds; failure to decide meant deemed approval. Following approval under section198E or198F, an officer had to bring the person to Australia as soon as practicable for temporary assessment or treatment. The Act also provided AAT review of section198E refusals other than those on security or criminal-risk grounds. Transfer did not itself confer a permanent visa: the statutory note required immigration detention until removal or a ministerial determination that detention was no longer required. This record concerns the medical-assessment pathway; the Act separately provided for legacy minors and accompanying family or recommended companions.", "operativeDate": "2019-03-02", "year": 2019, "affectedGroup": "Relevant transitory persons needing medical or psychiatric assessment or treatment in australia", "materialConditionsAndExceptions": "Validated condition or limit: The Minister had to decide personally within 72 hours of notification and approve unless transfer was reasonably considered medically unnecessary, reasonably suspected prejudicial to security, or the person had a statutory substantial criminal record and was reasonably believed to pose a serious risk of criminal conduct.; A refusal on medical-necessity grounds went to the Independent Health Advice Panel for further assessment and recommendation within 72 hours; If the panel recommended approval, refusal was limited to the security or criminal-risk grounds; Transfer did not itself confer a permanent visa: the statutory note required immigration detention until removal or a ministerial determination that detention was no longer required.", "policyCategory": "Asylum, protection and detention", "policyTool": "Medical transfer mechanism", "sourceName": "Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/C2019A00003/asmade/2019-03-01/text/original/epub/OEBPS/document_1/document_1.html", "preciseCitation": "Home Affairs Legislation Amendment (Miscellaneous Measures) Act 2019 — complete original Act", "evidencePassage": "Home Affairs Legislation Amendment (Miscellaneous Measures) Act 2019 No. 3, 2019 An Act to amend the law relating to migration, customs and passenger movement charge, and for related purposes Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Amendments relating to removal Migration Act 1958 Schedule 2—Giving of documents Migration Act 1958 Schedule 3—Recoverable payments Customs Act 1901 Schedule 4—Passenger movement charge Passenger Movement Charge Collection Act 1978 Schedule 5—Minor amendments Customs Act 1901 Schedule 6—Transitory persons Migration Act 1958 Home Affairs Legislation Amendment (Miscellaneous Measures) Act 2019 No. 3, 2019 An Act to amend the law relating to migration, customs and passenger movement charge, and for related purposes [ Assented to 1 March 2019 ] The Parliament of Australia enacts: 1 Short title This Act is the Home Affairs Legislation Amendment (Miscellaneous Measures) Act 2019 . 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 1 March 2019 2. Schedule 1 The day after this Act receives the Royal Assent. 2 March 2019 3. Schedule 2 A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 1 September 2019 4. Schedule 3 The day after this Act receives the Royal Assent. 2 March 2019 5. Schedule 4 A single day to be fixed by Proclamation. However, if the provisions do not commence within the period of 6 months beginning on the day this Act receives the Royal Assent, they commence on the day after the end of that period. 1 September 2019 6. Schedule 5 The day after this Act receives the Royal Assent. 2 March 2019 7. Schedule 6 The day after this Act receives the Royal Assent . 2 March 2019 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation 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. Schedule 1 — Amendments relating to removal Migration Act 1958 1 Paragraph 42(2A)(ca) Before “the non ‑ citizen”, insert “if”. 2 Paragraph 42(2A)(d) Repeal the paragraph, substitute: (d) if: (i) an … remove the non ‑ citizen under section 198 to another country was made but the removal was not completed; and (ii) the non ‑ citizen travels to Australia as a direct result of the removal not being completed; and (iii) the non ‑ citizen is a person who would, if in the migration zone, be an unlawful non ‑ citizen; or (da) if: (i) the non ‑ citizen has been removed under section 198 to another country but the non ‑ citizen does not enter the other country; and (ii) the non ‑ citizen travels to Australia as a direct result of not entering the other country; and (iii) the non ‑ citizen is a person who would, if in the migration zone, be an unlawful non ‑ citizen; or 3 After subsection 48(1A) Insert: (1B) If: (a) an attempt was made to remove a non ‑ citizen from the migration zone under section 198 but the removal was not completed; and (b) the non ‑ citizen is again in the migration zone as a result of travel to Australia that is covered by paragraph 42(2A)(d); then, for the purposes of this section (which applies only in respect of applications made while a non ‑ citizen is in the migration zone), the non ‑ citizen is taken to have been continuously in the migration zone despite the attempted removal. Note: Paragraph 42(2A)(d) relates to the travel of a non ‑ citizen to Australia after an attempt to remove the non ‑ citizen has been made under section 198. 4 Paragraph 48(2)(b) Omit “paragraph 42(2A)(d)”, substitute “paragraph 42(2A)(da)”. 5 Subsection 48(2) (note) Repeal the note, substitute: Note: Paragraphs 42(2A)(da) and (e) relate to the travel of a non ‑ citizen to Australia after the non ‑ citizen has been removed from Australia under section 198. 6 After subsection 48A(1AA) Insert: (1AB) If: (a) an attempt was made to remove a non ‑ citizen from the migration zone under section 198 but the removal was not completed; and (b) the non ‑ citizen is again in the migration zone as a result of travel to Australia that is covered by paragraph 42(2A)(d); then, for the purposes of this section, the non ‑ citizen is taken to have been continuously in the migration zone despite the attempted removal. Note: Paragraph 42(2A)(d) relates to the travel of a non ‑ citizen to Australia after an attempt to remove the non ‑ citizen has been made under section 198. 7 Paragraph 48A(1A)(b) Omit “paragraph 42(2A)(d)”, substitute “paragraph 42(2A)(da)”. 8 Subsection 48A(1A) (note) Repeal the note, substitute: Note: Paragraphs 42(2A)(da) and (e) relate to the travel of a non ‑ citizen to Australia after the non ‑ citizen has been removed from Australia under section 198. Schedule 2 — Giving of documents Migration Act 1958 1 Subsection 494B(1A) Omit “methods mentioned in subsections (4) and (5) to dispatch or transmit, as the case may be,”, substitute “method mentioned in subsection (4), (5) or (5A) to dispatch, transmit or make available”. 2 Subsection 494B(1A) (note) Omit “or (5)”, substitute “, (5) or (5A)”. 3 After subsection 494B(5) Insert: Making document ava", "reviewMethod": "Source-based draft with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-cad6c5ca14676dde3724", "countryCode": "AU", "country": "Australia", "title": "Introduction of Third-Year Visa Extension for Working Holiday Makers", "policyEffect": "Amended the Working Holiday (Subclass 417) and Work and Holiday (Subclass 462) visa schemes to allow holders of a second Working Holiday Maker visa to apply for a third-year visa if they complete at least six months of specified regional work.", "operativeDate": "2019-07-01", "year": 2019, "affectedGroup": "Working holiday makers and agricultural/regional workers", "materialConditionsAndExceptions": "Validated condition or limit: Amended the Working Holiday (Subclass 417) and Work and Holiday (Subclass 462) visa schemes to allow holders of a second Working Holiday Maker visa to apply for a third-year visa if they complete at least six months of specified regional work.", "policyCategory": "Admission and work authorization", "policyTool": "Temporary work visa extension", "sourceName": "Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/Details/F2019L00196", "preciseCitation": "Migration Amendment (Working Holiday Maker) Regulations 2019 (Select Legislative Instrument F2019L00196)", "evidencePassage": "in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.Authorised Version F2019L00196 registered 25/02/2019 Schedule 1 Amendments 2 Migration Amendment (Working Holiday Maker) Regulations 2019 OPC63825 - A Schedule 1—Amendments Migration Regulations 1994 1 Subparagraph 1224A(3)(c)(ii) of Schedule 1 Before “the application”, insert “if the applicant has held only one Subclass 462 (Work and Holiday) visa in Australia—”. 2 Subparagraph 1224A(3)(c)(iii) of Schedule 1 Repeal the subparagraph, substitute: (iia) if the … applicant has held 2 Subclass 462 (Work and Holiday) visas in Australia—the application must be accompanied by a declaration by the applicant that: (A) the applicant has carried out specified Subclass 462 work for a total period of at least 6 months; and (B) all of that work was carried out while the applicant held the second Subclass 462 (Work and Holiday) visa or while the applicant held a bridging visa that was in effect and was granted on the basis of the application for the second Subclass 462 (Work and Holiday) visa (made at a time when the applicant held the first Subclass 462 (Work and Holiday) visa); and (C) all of that work was carried out on or after 1 July 2019; and (iii) the applicant has not held more than 2 Subclass 462 (Work and Holiday) visas in Australia (including any Subclass 462 (Work and Holiday) visa held by the applicant at the time of application); and 3 Paragraph 1225(3B)(c) of Schedule 1 Before “the application”, insert “if the applicant has held only one Subclass 417 (Working Holiday) visa in Australia—”. 4 Paragraph 1225(3B)(d) of Schedule 1 Repeal the paragraph, substitute: (ca) if the applicant has held 2 Subclass 417 (Working Holiday) visas in Australia—the application must be accompanied by a declaration by the applicant that: (i) the applicant has carried out specified work in regional Australia for a total period of at least 6 months; and (ii) all of that work was carried out while the applicant held the second Subclass 417 (Working Holiday) visa or while the applicant held a bridging visa that was in effect and was granted on the basis of the application for the second Subclass 417 (Working Holiday) visa (made at a time when the applicant held the first Subclass 417 (Working Holiday) visa); and (iii) all of that work was carried out … on or after 1 July 2019; and (d) the applicant has not held more than 2 Subclass 417 (Working Holiday) visas in Australia (including any Subclass 417 (Working Holiday) visa held by the applicant at the time of application); andAuthorised Version F2019L00196 registered 25/02/2019 Amendments Schedule 1 Migration Amendment (Working Holiday Maker) Regulations 2019 3 OPC63825 - A 5 Subclause 417.211(1) of Schedule 2 Omit “and (5)”, substitute “, (5) and (6)”. 6 Subclause 417.211(5) of Schedule 2 Omit “is, or has previously been, in Australia as the holder of a Subclass 417 visa”, substitute “has held only one Subclass 417 visa in Australia”. 7 Paragraph 417.211(5)(a) of Schedule 2 Omit “(whether on a full-time, part-time or casual basis)”. 8 Paragraph 417.211(5)(b) of Schedule 2 Omit “, or is equivalent to, at least 3 months full-time work”, substitute “at least 3 months”. 9 At the end of clause 417.211 of Schedule 2 Add: (6) If the applicant has held 2 Subclass 417 visas in Australia, the Minister is satisfied that: (a) the applicant has carried out a period or periods of specified work in regional Australia; and (b) the total period of that work is at least 6 months; and (c) all of that work was carried out while the applicant held: (i) the second Subclass 417 visa; or (ii) a bridging visa that was in effect and was granted on the basis of the application for the second Subclass 417 visa (made at a time when the applicant held the first Subclass 417 visa); and (d) all of that work was carried out on or after 1 July 2019; and (e) the applicant has been remunerated for that work in accordance with relevant Australian legislation and awards. 10 Paragraph 417.221(2)(a) of Schedule 2 Omit “and (5)”, substitute “, (5) and (6)”. 11 Paragraph 417.222(b) of Schedule 2 Repeal the paragraph, substitute: (b) the applicant has not held more than 2 Subclass 417 (Working Holiday) visas in Australia (including any Subclass 417 (Working Holiday) visa held by the applicant at the time of decision on the application). 12 Clause 462.211B of Schedule 2 Omit “and 462.218”, substitute “, 462.218 and 462.219”. 13 Clause 462.218 of Schedule 2 Omit “is, or has previously been, in Australia as the holder of a Subclass 462 (Work and Holiday) visa”, substitute “has held only one Subclass 462 (Work and Holiday) visa in Australia”. 14 At the end of Subdivision 462.21 of Schedule 2 Add:Authorised Version F2019L00196 registered 25/02/2019 Schedule 1 Amendments 4 Migration Amendment (Working Holiday Maker) Regulations 2019 OPC63825 - A 462.219 If the applicant has held 2 Subclass 462 (Work and Holiday) visas in Australia, the Minister is satisfied that: (a) the applicant has carried out a period or periods of specified Subclass 462 work; and (b) the total period of that work is at least 6 months; and (c) all of that work was carried out while the applicant held: (i) the second Subclass 462 (Work and Holiday) visa; or (ii) a bridging visa that was in effect and was granted on the basis", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-5e9d231c7664fa676523", "countryCode": "AU", "country": "Australia", "title": "Sponsored Parent (Temporary) subclass 870 visa applications open", "policyEffect": "Visa applications for the Sponsored Parent (Temporary) subclass 870 opened on July 1, 2019. The legal framework and sponsorship applications had commenced on April 17. Each visa applicant had to be at least 18, have an approved parent sponsor and normally apply offshore within six months of sponsorship approval; applying in Australia required ministerial permission. Applicants could not already hold an 870 visa. The route allowed stays of up to three or five years, with a five-year maximum per grant and ten years cumulatively. All applicants had to meet primary criteria, including sufficient funds, adequate health insurance, substantial compliance with previous visa conditions, a genuine temporary-stay intention, the applicable public-interest and special-return criteria, and payment or suitable arrangements for outstanding public-health debt. Previous 870 holders applying offshore normally needed 90 consecutive days outside Australia after the relevant departure, unless exceptional circumstances existed. Sponsors had to be adults, establish identity, consent to relevant information disclosure and be Australian citizens or qualifying permanent residents or eligible New Zealand citizens. The latter two groups required four years of usual residence immediately before applying, without unlawful status or bridging visas other than A, B or C during that period. Permitted parents included the sponsor’s parents and parents of a qualifying citizen, permanent-resident or eligible-New-Zealand-citizen spouse or de facto partner; a specific replacement-sponsorship provision covered certain parents or their partners after the death of the original sponsoring partner, subject to an application within 90 days and the parent still holding an 870 visa. Sponsors had to meet the prescribed taxable-income test, either alone or combined with income of their partner and/or one qualifying child of a specified sponsored parent; when combining income, the sponsor’s own income had to reach at least half the prescribed threshold. Conduct requirements included applicable police checks, adverse-information and previous sponsorship-compliance checks, with the stated reasonable-disregard discretion. Relevant public-health debts had to be paid or have appropriate payment arrangements, as did sponsors’ Commonwealth debts. A sponsor’s partner could not also be a parent sponsor and had to satisfy the applicable previous-compliance requirement. Normally no more than two parents could be specified, with tighter restrictions or ineligibility where previously sponsored parents remained in Australia after their visas ended without permanent visas. Sponsors assumed prescribed recordkeeping, reporting, financial/accommodation-support and public-health-debt obligations. Visa application charges totalled $5,000 for up to three years or $10,000 for longer stays up to five years; the second instalment was payable before grant, and the sponsorship application charge was $420. Visas carried conditions 8103, 8303, 8501, 8531, 8550 and 8564; work required written ministerial permission. The nominal expiry could be shortened after sponsorship cancellation, withdrawal or the sponsor’s death: cancellation ended the visa after 35 days; withdrawal or death allowed specified replacement-sponsorship windows of 35 or 90 days respectively, with further timing rules where replacement applications were refused and review pursued. This was a temporary route, with no secondary-applicant shortcut to the primary criteria.", "operativeDate": "2019-07-01", "year": 2019, "affectedGroup": "Eligible adult parents sponsored by approved australian citizen, permanent resident or eligible new zealand citizen family sponsors", "materialConditionsAndExceptions": "Validated condition or limit: Each visa applicant had to be at least 18, have an approved parent sponsor and normally apply offshore within six months of sponsorship approval; applying in Australia required ministerial permission.; The route allowed stays of up to three or five years, with a five-year maximum per grant and ten years cumulatively.; Previous 870 holders applying offshore normally needed 90 consecutive days outside Australia after the relevant departure, unless exceptional circumstances existed.; Sponsors had to be adults, establish identity, consent to relevant information disclosure and be Australian citizens or qualifying permanent residents or eligible New Zealand citizens.; The latter two groups required four years of usual residence immediately before applying, without unlawful status or bridging visas other than A, B or C during that period.; Permitted parents included the sponsor’s parents…", "policyCategory": "Admission and family reunification", "policyTool": "Temporary family visa", "sourceName": "Federal Register of Legislation and Australian Government Embassy", "sourceUrl": "https://www.legislation.gov.au/F2019L00551/asmade/2019-04-08/text/original/epub/OEBPS/document_1/document_1.html", "preciseCitation": "Migration Amendment (Temporary Sponsored Parent Visa and Other Measures) Regulations2019, F2019L00551; Australian Government Sponsored Parent visa opening notice", "evidencePassage": "Sponsored Parent (Temporary) visa (Subclass 870) On 17 April 2019, sponsorship applications opened for parents wanting to temporarily visit their children and grandchildren in Australia. On 1 July 2019, the new Sponsored Parent (Temporary) (Subclass 870) visa applications opened. This visa allows the parent(s) of a settled Australian citizen, Australian permanent resident or eligible New Zealand citizen (or their spouse or de facto partner’s parent(s)) to visit Australia for up to 3 or 5 years. The application process is sponsor-led, meaning there must be an approved Parent Sponsor before a visa application can be lodged. Visa applications must be lodged from outside Australia within six months of sponsorship approval, unless the visa applicant has permission to apply in Australia. Only two parents per household can be sponsored for this visa at a time. Sponsorship and visa applications are online only and processed in the Department’s Perth office. Sponsorship cost The sponsorship application charge is AUD420. Sponsor Eligibility Sponsors must meet certain criteria including:  a minimum household income threshold  a parent sponsor will also be required to meet certain sponsorship obligations. Visa eligibility Sponsored Parent (Temporary) visa applicants must meet certain criteria including:  be sponsored by a person who is an approved Parent Sponsor  be outside Australia to apply, unless approved with permission to apply in Australia Length of Stay The visa allows parents to stay in Australia temporarily for a period of up to three or five years at a time. Parents who have held Subclass 870 visas for the cumulative maximum 10 year period must either depart Australia or apply for another visa that will allow them to remain in Australia. Visa cost The visa application charge is:  AUD5,000 for a visa allowing up to 3 year stay, or,  AUD10,000 for a visa allowing up to 5 year stay. Conditions Conditions for the Subclass 870 visa are: 8103, 8303, 8501, 8531, 8550 and 8564. Please note the No Work condition:  No Work - Visa holders cannot work on this visa. Providing in home care for their own children and family is allowed; work/assistance for a family business or other work which would ordinarily be remunerated is not allowed. More information is available at www.homeaffairs.gov.au:  Commencement of the Sponsored Parent (Temporary) visa and,  Sponsored Parent (Temporary) visa (subclass 870) … Migration Amendment (Temporary Sponsored Parent Visa and Other Measures) Regulations 2019 I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor ‑ General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations. Dated 04 April 2019 Peter Cosgrove Governor ‑ General By His Excellency’s Command David Coleman Minister for Immigration, Citizenship and Multicultural Affairs Contents 1 Name 2 Commencement 3 Authority 4 Schedules Schedule 1—New family sponsorship framework … Regulations 1994 Schedule 2—Temporary sponsored parent visa Migration Regulations 1994 Schedule 3—Adequate arrangements for health insurance Migration Regulations 1994 1 Name This instrument is the Migration Amendment (Temporary Sponsored Parent Visa and Other Measures) Regulations 2019 . 2 Commencement (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table The day after this instrument is registered. 9 April 2019 2. Schedules 1 to 3 At the same time as Schedule 1 to the Migration Amendment (Family Violence and Other Measures) Act 2018 commences. 17 April 2019 Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument. (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument. 3 Authority This instrument is made under the Migration Act 1958. 4 Schedules Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms. Schedule 1 — New family sponsorship framework Migration Regulations 1994 1 Regulation 1.03 Insert: aged care service has the same meaning as in the Aged Care Act 1997 . approved provider has the same meaning as in the Aged Care Act 1997 . 2 Regulation 1.03 (paragraph (a) of the definition of entertainment sponsor ) After “approved”, insert “work”. 3 Regulation 1.03 (paragraph (b) of the definition of entertainment sponsor ) After “approved as a”, insert “work”. 4 Regulation 1.03 Insert: has an outstanding public health debt has the meaning given by regulation 1.15K. 5 Regulation 1.03 (paragraph (a) of the definition of long stay activity sponsor ) After “approved”, insert “work”. 6 Regulation 1.03 (paragraph (b) of the definition of long stay activity sponsor ) After “approved as a”, insert “work”. 7 Regulation 1.03 Insert: parent sponsor means a person who has been approved as a family sponsor in relation to the parent sponsor class under subsection 140E(1A) of the Act. 8 Regulation 1.03 (paragraph (a) of the definition of professional development sponsor ) After “approved”, insert “work”. 9 Regulation 1.03 (paragraph (b) of the definition of professional development sponsor ) After “approved as a”, insert “work”. 10 Regulation 1.03 (paragraph (a) of the definition of special program sponsor ) After “approved”, insert “work”. 11 Regulation 1.03 (paragraph (b) of the definition o", "reviewMethod": "Source-based draft with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-bd00dc6b3437a8e1896f", "countryCode": "AU", "country": "Australia", "title": "Global Talent Independent program: targeted priority-processing launch", "policyEffect": "On November 4, 2019, the Government launched the Global Talent Independent program, offering a fast-tracked permanent-residence process with dedicated departmental contacts and highest-priority processing for targeted highly skilled migrants. The launch targeted people likely to earn more than A$149,000 annually in Australia and highly skilled in AgTech, FinTech, MedTech, Cyber Security, Energy and Mining Technology, Space and Advanced Manufacturing, or Quantum Information/Advanced Digital/Data Science and ICT. The usual character, security and integrity checks continued to apply. Up to 5,000 places were to be offered in 2019–20. This records the targeted program and processing-priority launch, rather than asserting that the announcement alone granted residence or created a new statutory visa subclass.", "operativeDate": "2019-11-04", "year": 2019, "affectedGroup": "Highly skilled migrants targeted by the global talent independent program", "materialConditionsAndExceptions": "Validated condition or limit: Up to 5,000 places were to be offered in 2019–20.", "policyCategory": "Admission and residence", "policyTool": "Fast-track skilled migration pathway", "sourceName": "Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs", "sourceUrl": "https://minister.homeaffairs.gov.au/alantudge/Pages/global-talent-program-business.aspx", "preciseCitation": "Official joint media release: Global Talent Program open for business,4November2019", "evidencePassage": "Joint media release with the Hon Karen Andrews MP - Global Talent Program open for business Skip to navigation Skip to main content  Ministers for Home Affairs Open in a new tab Open in this tab Loading Menu  Menu pop-up content starts  Back Search Popular searches Your previous searches pop-up content ends  Monday, 04 November 2019 description Media release Joint media release with the Hon Karen Andrews MP - Global Talent Program open for business 18 April 2020 Page Content Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs David Coleman today launched the Global Talent - Independent Program, a major new initiative in Australia’s immigration strategy. Under the new program, highly skilled migrants in selected industries will receive a fasttracked process to permanent residency in Australia. Applicants will have a dedicated Home Affairs contact to guide them through the process, and applications will receive the highest priority processing. Applicants will be eligible for permanent residency if they are likely to earn more than $149,000 per year in Australia, and they are highly skilled in one of seven key industry sectors. The usual character, security and integrity checks will apply to all applicants. The seven industry sectors are AgTech, FinTech, MedTech, Cyber Security, Energy and Mining Technology, Space and Advanced Manufacturing, and Quantum Information/Advanced Digital/ Data Science and ICT. Global Talent Officers from the Department of Home Affairs have already been deployed in Berlin, Washington DC, Singapore, Shanghai, Santiago, and Dubai, and will have regional coverage. An officer has also started in New Delhi today, to further the reach of the program. “With this program, we are targeting the world’s most highly skilled migrants”, Mr Coleman said. “We want to position Australia at the forefront of major growth trends in the world economy. By enabling local businesses to access the world’s best talent, we will help to grow high growth industries in Australia.” “Over time, the Global Talent program has the potential to have a transformative impact on the Australian economy.” Minister for Industry, Science and Technology Karen Andrews said the Global Talent – Independent program will drive growth in the Australian technology industry and will also see local jobs created. “These high-growth sectors exist in truly global markets. For our domestic tech industry to grow, businesses need to be able to hire skilled Australian workers as well as access the capabilities of specialists from across the world,” Minister Andrews said. “We can create high-paying local jobs by making Australia a global technology hub and the Global Talent program is a signal to tech companies that we’re open for business.” Up to 5,000 places will be offered in the Global Talent - Independent program in 2019/20. More information about the program is available on the Department of Home Affairs website. pop-up content starts Need a hand? × Cancel pop-up content ends Clickbot chat_bubble Tell us what you think of this page Last updated: 18/04/2020 2:11 PM Print this page HOME AFFAIRS PORTFOLIO PARLIAMENT OF AUSTRALIA Information publication scheme Conditions of use Web privacy statement Accessibility of this website Access to information​ Back to top  Media Releases Transcripts ​​​​", "reviewMethod": "Source-based draft with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-96f9a3fcc69c9743e82f", "countryCode": "AU", "country": "Australia", "title": "General Skilled Migration points: education, partner and regional nomination changes", "policyEffect": "From November 16, 2019, the General Skilled Migration points test increased specialist educational qualification points from 5 to 10: the applicant had to qualify for an Australian research master’s or doctoral degree including at least two academic years at the institution in a specified field. Qualifying skilled-partner points rose from 5 to 10. That partner had to apply for the same subclass, not be an Australian citizen or permanent resident, be under 45 at invitation, and at invitation have competent English, nominate a specified skilled occupation and hold a suitable assessment for it other than a subclass 485 assessment. New partner-table alternatives awarded 10 points to applicants without a spouse or de facto partner, or with an Australian citizen or permanent-resident partner, and 5 points for a same-subclass applicant partner who was neither and had competent English at invitation. Only the highest qualifying points within the partner Part could be awarded; these alternatives did not stack. Regional nomination or sponsorship points rose from 10 to 15 and included subclass 491 alongside 489, requiring an invitation and either an unwithdrawn State or Territory nomination or accepted family sponsorship. The regional-study criterion was rewritten for designated regional areas and awarded 5 points, requiring the Australian study requirement, regional campus location and residence during study, and no distance education. The study requirement included eligible Australian qualifications from registered courses, at least 16 calendar months and two academic years of study, English instruction, and study in Australia on an authorising visa. These changes concerned the Schedule 6D test for points-tested subclass 189, 190, 489 and 491 applicants; they did not guarantee a visa.", "operativeDate": "2019-11-16", "year": 2019, "affectedGroup": "Points-tested subclass 189, 190, 489 and 491 visa applicants", "materialConditionsAndExceptions": "Validated condition or limit: From November 16, 2019, the General Skilled Migration points test increased specialist educational qualification points from 5 to 10: the applicant had to qualify for an Australian research master’s or doctoral degree including at least two academic years at the institution in a specified field.; Only the highest qualifying points within the partner Part could be awarded; The regional-study criterion was rewritten for designated regional areas and awarded 5 points, requiring the Australian study requirement, regional campus location and residence during study, and no distance education.; The study requirement included eligible Australian qualifications from registered courses, at least 16 calendar months and two academic years of study, English instruction, and study in Australia on an authorising visa.", "policyCategory": "Skilled migration selection", "policyTool": "Points-test qualification weights and partner alternatives", "sourceName": "Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2019L00578/asmade/2019-04-04/text/original/pdf", "preciseCitation": "Migration Amendment (New Skilled Regional Visas) Regulations 2019, Schedule 1 items 36–43; Migration Regulations 1994 as at 16 November 2019, regulations 1.15F, 1.15M, 2.26AC and Schedule 6D.", "evidencePassage": "relevant assessing authority for the applicant’s nominated skilled occupation had assessed the applicant’s skills as suitable for that occupation; and (b) the assessment was not for a Subclass 485 (Temporary Graduate) visa; and (c) if the assessment specified a period during which the assessment was valid, and the period did not end more than 3 years after the date of the assessment—the period had not ended; and (d) if paragraph (c) did not apply—not more than 3 years had passed since the date of the assessment. (2) If the assessment was made on the basis of a qualification obtained in Australia while the applicant held a student visa, the qualification was obtained as a result of studying a registered course. 491.215 At the time of invitation to apply for the visa, the applicant had competent English. 491.216 (1) The applicant’s score, when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act, is not less than the score stated in the invitation to apply for the visa. (2) The applicant’s score, when assessed in relation to the visa under Subdivision B of Division 3 of Part 2 of the Act, is not less than the qualifying score for that Subdivision. Note: Subdivision B of Division 3 of Part 2 of the Act provides for the application of a points system under which applicants for relevant visas are given an assessed score based on a prescribed number of points for particular attributes, assessed against the relevant pool mark and pass mark: see sections 92 to 96 of the Act.Authorised Version F2019L00578 registered 08/04/2019 Schedule 1 Amendments relating to the Skilled Work Regional (Provisional) visa 10 Migration Amendment (New Skilled Regional Visas) Regulations 2019 OPC63741 - C The prescribed points and the manner of their allocation are provided for in Division 2.6 of Part 2, and Schedule 6D, of these Regulations. Pool marks and pass marks are set from time to time by the Minister by instrument: see section 96 of the Act. 491.217 (1) If the applicant is nominated by a State or Territory government agency, the nomination has not been withdrawn. (2) If the applicant declared in the application that the applicant is sponsored by a person (the sponsor), the Minister has accepted the sponsorship of the applicant by the sponsor in the following circumstances: (a) the sponsor has turned 18; (b) the sponsor is an Australian citizen, Australian permanent resident or eligible New Zealand citizen; (c) the sponsor is usually resident in a designated regional area; (d) the sponsor is related to the applicant, or the applicant’s spouse or de facto partner (if the applicant’s spouse or de facto partner is also an applicant for a Subclass 491 visa), as: (i) a parent; or (ii) a child or step-child; or (iii) a brother, sister, adoptive brother, adoptive sister, step-brother or step-sister; or (iv) an aunt, uncle, adoptive aunt, adoptive uncle, step-aunt or step-uncle; or (v) a nephew, niece, adoptive nephew, adoptive niece, … or step-niece; or (vi) a grandparent; or (vii) a first cousin; (e) each member of the family unit of the applicant who is also an applicant for a Subclass 491 visa is sponsored by the sponsor. 491.3—Secondary criteria Note: These criteria are for applicants who are members of the family unit of a person who satisfies the primary criteria. All criteria must be satisfied at the time a decision is made on the application. 491.311 The applicant is a member of the family unit of a person who holds a Subclass 491 visa granted on the basis of satisfying the primary criteria for the grant of the visa. 491.312 (1) The applicant satisfies public interest criteria 4001, 4002, 4003, 4004, 4005, 4010, 4020 and 4021. (2) If the applicant had turned 16 at the time of application, the applicant satisfies public interest criterion 4019.Authorised Version F2019L00578 registered 08/04/2019 Amendments relating to the Skilled Work Regional (Provisional) visa Schedule 1 Migration Amendment (New Skilled Regional Visas) Regulations 2019 11 OPC63741 - C (3) If the applicant has not turned 18, the applicant satisfies public interest criteria 4017 and 4018. 491.313 The applicant satisfies special return criteria 5001, 5002 and 5010. 491.4—Circumstances applicable to grant 491.411 The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance. Note: The second instalment of visa application charge must be paid before the visa can be granted. 491.5—When visa is in effect 491.511 If the applicant satisfies the primary criteria for the grant of the visa, temporary visa permitting the holder to travel to, enter and remain in Australia for 5 years from the date of grant. 491.512 If: (a) the applicant satisfies the secondary criteria for the grant of the visa; and (b) the applicant is a member of the family unit of a person (the primary visa holder) who holds a Subclass 491 visa granted on the basis of satisfying the primary criteria for the grant of that visa; temporary visa permitting the holder to travel to, enter and remain in Australia for 5 years from the date of grant of the primary visa holder’s visa. 491.6—Conditions 491.611 If the applicant is outside Australia when the visa is granted: (a) first entry must be made before the date specified by the Minister; and (b) if the applicant satisfies the secondary criteria for the grant of the visa, condition 8515 may be imposed. 491.612 Conditions 8578, 8579, 8580 and 8581 must be imposed. 30 Before paragraph 773.213(3)(t) of Schedule 2 Insert: (sb) Skilled Work Regional (Provisional) (Class PS);Authorised Version F2019L00578 registered 08/04/2019 Schedule 1 Amendments relating to the Skilled Work Regional (Provisional) visa 12 Migration Amendment (New Skilled Regional Visas) Regulations 2019 OPC63741 - C 31 At the end of paragraph 820.212(a) of Schedule 2 Add: (v) a Skilled Work Regional (Provisional) (Class PS) visa; or 32 At the end of paragraph 820.212(b) of Schedule 2 Add: or (v)", "reviewMethod": "Source-based draft with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "component-au-subclass-491-20191116", "countryCode": "AU", "country": "Australia", "title": "Introduction of subclass 491 Skilled Work Regional (Provisional) visa", "policyEffect": "From November 16, 2019, the Skilled Work Regional (Provisional) subclass 491 visa opened for invited skilled applicants nominated by a State or Territory or sponsored by an eligible regional relative. Primary applicants had to apply within their written invitation period, be under 45 at invitation and nominate an occupation specified both in the applicable instrument and the invitation. At invitation they needed a suitable skills assessment other than one for subclass 485: it had to remain within any specified validity period ending no more than three years after assessment, or otherwise be no more than three years old. An Australian qualification obtained on a student visa had to result from a registered course. Competent English at invitation and points at least equal to both the invitation score and qualifying score were required. The State or Territory nomination had to remain unwithdrawn, or the Minister had to accept sponsorship by a person aged 18 or older who was an Australian citizen, permanent resident or eligible New Zealand citizen usually resident in a designated regional area. A relative sponsor had to be a parent, child or step-child, sibling (including adoptive or step), aunt or uncle (including adoptive or step), nephew or niece (including adoptive or step), grandparent or first cousin of the applicant or an accompanying applicant spouse or de facto partner, and sponsor all applicant family-unit members. Applicants declared a genuine intention for themselves and applicant family members to live, work and study regionally. Primary and secondary applicants had to satisfy the specified public-interest and special-return criteria, with their age-dependent requirements and statutory exceptions. Non-applicant family members were subject to criteria 4001, 4002, 4003 and 4004 and health criterion 4005; only the latter assessment could be dispensed with where requiring it would be unreasonable. Family eligibility remained governed by the statutory family-unit definition. Applications and grants could occur inside or outside Australia, but not in immigration clearance; onshore applicants needed a substantive visa or bridging A, B or C visa. The primary visa lasted five years from grant; family visas ran to five years from the primary grant. While in Australia, holders had to live, work and study only in areas designated regional when the visa was granted. They had to notify residential, email, phone, passport and employment-address changes within 14 days, provide requested residential, employment and education-address evidence within 28 days, and attend an interview when requested in writing. Offshore grantees had a specified first-entry deadline; secondary applicants could also be required not to marry or enter a de facto relationship before entry. Prescribed application charges applied, including the second instalment before grant where applicable. For applications to subclasses 124, 132, 186, 188, 189, 190 and 858, the opening-day provisions imposed a three-year holding requirement where subclass 491 or 494 was the applicant’s current or last substantive visa, subject to instrument-specified exceptions. This component records introduction of subclass 491 and its attached constraints; it does not assert abolition of every subclass 489 pathway or commencement of subclass 191 in 2019.", "operativeDate": "2019-11-16", "year": 2019, "affectedGroup": "Invited skilled applicants nominated by a state or territory or sponsored by eligible regional relatives, and accompanying family", "materialConditionsAndExceptions": "Validated condition or limit: From November 16, 2019, the Skilled Work Regional (Provisional) subclass 491 visa opened for invited skilled applicants nominated by a State or Territory or sponsored by an eligible regional relative.; Primary applicants had to apply within their written invitation period, be under 45 at invitation and nominate an occupation specified both in the applicable instrument and the invitation.; At invitation they needed a suitable skills assessment other than one for subclass 485: it had to remain within any specified validity period ending no more than three years after assessment, or otherwise be no more than three years old.; Competent English at invitation and points at least equal to both the invitation score and qualifying score were required.; The State or Territory nomination had to remain unwithdrawn, or the Minister had to accept sponsorship by a person aged 18 or older who was…", "policyCategory": "Admission, visas and residence", "policyTool": "Points system & visa category reform", "sourceName": "Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2019L00578/asmade/2019-04-04/text/original/pdf", "preciseCitation": "Migration Amendment (New Skilled Regional Visas) Regulations 2019 commencement table; Migration Regulations 1994, compilation F2019C00900 as at 16 November 2019, Schedule 1 item 1241, Schedule 2 subclass 491 and selected access restrictions, Schedules 4–5, Schedule 8 conditions 8515 and 8578–8581, regulations 1.12, 1.15C and 1.15M", "evidencePassage": "OPC63741 - C Migration Amendment (New Skilled Regional Visas) Regulations 2019 I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations. Dated 04 April 2019 Peter Cosgrove Governor-General By His Excellency’s Command David Coleman Minister for Immigration, Citizenship and Multicultural AffairsAuthorised Version F2019L00578 registered 08/04/2019 Authorised Version F2019L00578 registered 08/04/2019 Migration Amendment (New Skilled Regional Visas) Regulations 2019 i OPC63741 - C Contents 1 Name ........................................................................................................................... 1 2 Commencement .......................................................................................................... 1 3 Authority ..................................................................................................................... 1 4 Schedules .................................................................................................................... 1 Schedule 1—Amendments relating to the Skilled Work Regional (Provisional) visa 2 Migration Regulations 1994 2 Schedule 2—Amendments relating to the Skilled Employer Sponsored Regional (Provisional) visa 16 Migration Regulations 1994 16 Schedule 3—Amendments relating to the Permanent Residence (Skilled Regional) visa 48 Migration Regulations 1994 48Authorised Version F2019L00578 registered 08/04/2019 Authorised Version F2019L00578 registered 08/04/2019 Migration Amendment (New Skilled Regional Visas) Regulations 2019 1 OPC63741 - C 1 Name This instrument is the Migration Amendment (New Skilled Regional Visas) Regulations 2019. 2 Commencement (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table The day after this instrument is registered. 9 April 2019 2. Schedules 1 and 2 16 November 2019. 16 November 2019 3. Schedule 3 16 November 2022. 16 November 2022 Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument. (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument. 3 Authority This instrument is made under the Migration Act 1958. 4 Schedules Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to … has effect according to its terms.Authorised Version F2019L00578 registered 08/04/2019 Schedule 1 Amendments relating to the Skilled Work Regional (Provisional) visa 2 Migration Amendment (New Skilled Regional Visas) Regulations 2019 OPC63741 - C … 1241 Skilled Work Regional (Provisional) (Class PS) (1) Form: The approved form specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5). (2) Visa application charge: (a) first instalment (payable at the time the application is made): First instalment Item Component Amount 1 Base application charge $4 045 2 Additional applicant charge for an applicant who is at least 18 $2 025 3 Additional applicant charge for an applicant who is less than 18 $1 010 Note 1: Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non ‑ Internet application charge. Not all of the components may apply to a particular application. Note 2: Additional applicant charge is paid by an applicant who claims to be a member of the family unit of another applicant and seeks to combine the application with that applicant’s application. (b) second instalment (payable before grant of visa): Second instalment Item Applicant Amount 1 Applicant who: (a) was at least 18 at the time of application; and (b) is assessed as not having functional English $4,890 2 Any other applicant Nil (3) Other: (a) An application must be made at the place, and in the manner, (if any) specified by the Minister in a legislative instrument made for the purposes of this item under subregulation 2.07(5). (b) An applicant may be in or outside Australia, but not in immigration clearance. (c) An applicant in Australia must hold: (i) a substantive visa; or (ii) a Subclass 010 (Bridging A) visa; or (iii) a Subclass 020 (Bridging B) visa; or (iv) a Subclass 030 (Bridging C) visa. (d) An application by a person claiming to be a member of the family unit of a person who is an applicant for a Skilled Work Regional (Provisional) (Class PS) visa may be made at the same time as, and combined with, an application by that person. (4) An applicant seeking to satisfy the primary criteria for the grant of a Subclass 491 (Skilled Work Regional (Provisional)) visa must meet the requirements in the table. Requirements for applicants seeking to satisfy primary criteria Item Requirements 1 The applicant must have been invited, in writing, by the Minister to apply for the visa 2 The applicant must apply for that visa within the period stated in the invitation 3 The applicant must not have turned 45 at the time of the invitation to apply for the visa 4 The applicant must nominate a skilled occupation: (a) that is specified in an instrument under subitem (5) at the time of the invitation; and (b) that is specified in the invitation as the skilled occupation which the applicant may nominate; and (c) for which t", "reviewMethod": "Source-based draft with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "component-au-subclass-494-20191116", "countryCode": "AU", "country": "Australia", "title": "Introduction of subclass 494 Skilled Employer Sponsored Regional (Provisional) visa", "policyEffect": "From November 16, 2019, Schedule 2 introduced the Skilled Employer Sponsored Regional (Provisional) subclass 494 visa, with Employer Sponsored and Labour Agreement streams. Both required an approved, unexpired nomination by an approved work sponsor, a genuine intention to perform the nominated occupation and a genuine full-time regional position likely to exist for at least five years. An application could identify a pending nomination but grant required approval; the nominator could not be barred. The occupation had to be eligible under the applicable instrument or agreement, and relevant sponsorship charges and debts had to be addressed. Employer Sponsored applicants generally needed to be under 45, have competent English, at least three years of full-time employment in the nominated occupation at the required skill level, and a suitable non-subclass-485 skills assessment valid within its specified period if it ended no more than three years after assessment, or otherwise no more than three years old. Qualifying assessments connected with an existing subclass 457 or 482 visa could also satisfy the stated alternative, and instrument-specified exemptions applied to age, English, experience and assessment. Australian qualifications obtained on student visas had to be from registered courses. Unless an instrument-specified occupation exception applied, employment was in the sponsor or associated entity’s business under a signed written contract without an express bar on extension. Nomination requirements included applicable market-salary and income-threshold rules, with the high-earnings qualification and specified discretion, regional-body salary advice, no discriminatory recruitment, and employment conditions not less favourable than equivalent Australian workers, subject to the stated discretion. Labour Agreement applicants needed an authorised occupation and agreement, suitable English and skills, ordinarily three years in the occupation or related field unless reasonably disregarded, and age below 45 unless the agreement allowed older workers. Agreement requirements and nomination limits applied. Applicants and family members remained subject to specified public-interest and special-return criteria; the two streams used different health criteria, with the stated exception for assessing non-applicant family members. Adverse sponsor information and recent prohibited sponsorship-related conduct could be disregarded only as provided. Secondary applicants needed the required family relationship and inclusion in the nomination or written sponsor agreement. Onshore applicants needed a substantive visa or bridging A, B or C; applications and grants could be onshore or offshore but not in immigration clearance. Primary visas lasted five years from grant; family visas ended five years from the primary grant. Holders faced regional residence, work and study requirements tied to the relevant nomination, with timing rules when nominations changed, 14-day reporting of specified changes, 28-day responses to written address-evidence requests and attendance at requested interviews. Primary holders also had nominated-occupation and employer restrictions, with specified-occupation and industrial-notice exceptions; subject to the occupational-authorisation condition, work had to start within 90 days of arrival if granted offshore or grant if granted onshore, employment gaps could not exceed 90 consecutive days, and mandatory occupational authorisations had to be obtained within the same applicable 90-day period, maintained and complied with, with refusal or loss notified. Offshore grantees had a first-entry deadline; condition 8515 could apply to secondary applicants. Prescribed application charges and applicable second instalments remained payable, including the Minister of Religion exception to second instalments. The subclass 187 transition preserved the stated treatment for Temporary Residence Transition nominations involving transitional 457 or transitional 482 workers as at November 16, 2019; clause 8101 also specified withdrawal and training-charge refund rules for affected nominations. The separate subclass 191 permanent visa was not commenced by this 2019 component.", "operativeDate": "2019-11-16", "year": 2019, "affectedGroup": "Regionally nominated skilled workers in employer sponsored or labour agreement streams, and accompanying family", "materialConditionsAndExceptions": "Validated condition or limit: Both required an approved, unexpired nomination by an approved work sponsor, a genuine intention to perform the nominated occupation and a genuine full-time regional position likely to exist for at least five years.; An application could identify a pending nomination but grant required approval; The occupation had to be eligible under the applicable instrument or agreement, and relevant sponsorship charges and debts had to be addressed.; Employer Sponsored applicants generally needed to be under 45, have competent English, at least three years of full-time employment in the nominated occupation at the required skill level, and a suitable non-subclass-485 skills assessment valid within its specified period if it ended no more than three years after assessment, or otherwise no more than three years old.; Unless an instrument-specified occupation exception applied, employment was in the…", "policyCategory": "Admission, visas and residence", "policyTool": "Points system & visa category reform", "sourceName": "Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F1996B03551/2019-11-16/2019-11-16/text/original/epub/OEBPS/document_1/document_1.html", "preciseCitation": "Migration Amendment (New Skilled Regional Visas) Regulations2019 section2; Migration Regulations1994 compilationF2019C00900 as in forceNovember16,2019: regulations2.72C/2.75B, Schedule1item1242, Schedule2Subclass494, Schedule4criteria4005/4007, Schedule8conditions8578–8581/8608 andSchedule13clause8101.", "evidencePassage": "OPC63741 - C Migration Amendment (New Skilled Regional Visas) Regulations 2019 I, General the Honourable Sir Peter Cosgrove AK MC (Ret’d), Governor-General of the Commonwealth of Australia, acting with the advice of the Federal Executive Council, make the following regulations. Dated 04 April 2019 Peter Cosgrove Governor-General By His Excellency’s Command David Coleman Minister for Immigration, Citizenship and Multicultural AffairsAuthorised Version F2019L00578 registered 08/04/2019 Authorised Version F2019L00578 registered 08/04/2019 Migration Amendment (New Skilled Regional Visas) Regulations 2019 i OPC63741 - C Contents 1 Name ........................................................................................................................... 1 2 Commencement .......................................................................................................... 1 3 Authority ..................................................................................................................... 1 4 Schedules .................................................................................................................... 1 Schedule 1—Amendments relating to the Skilled Work Regional (Provisional) visa 2 Migration Regulations 1994 2 Schedule 2—Amendments relating to the Skilled Employer Sponsored Regional (Provisional) visa 16 Migration Regulations 1994 16 Schedule 3—Amendments relating to the Permanent Residence (Skilled Regional) visa 48 Migration Regulations 1994 48Authorised Version F2019L00578 registered 08/04/2019 Authorised Version F2019L00578 registered 08/04/2019 Migration Amendment (New Skilled Regional Visas) Regulations 2019 1 OPC63741 - C 1 Name This instrument is the Migration Amendment (New Skilled Regional Visas) Regulations 2019. 2 Commencement (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table The day after this instrument is registered. 9 April 2019 2. Schedules 1 and 2 16 November 2019. 16 November 2019 3. Schedule 3 16 November 2022. 16 November 2022 Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument. (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument. 3 Authority This instrument is made under the Migration Act 1958. 4 Schedules Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to … has effect according to its terms.Authorised Version F2019L00578 registered 08/04/2019 Schedule 1 Amendments relating to the Skilled Work Regional (Provisional) visa 2 Migration Amendment (New Skilled Regional Visas) Regulations 2019 OPC63741 - C … 2.72C Criteria for approval of nomination—Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa Application of this regulation (1) This regulation applies in relation to a person who: (a) is any of the following: (i) a standard business sponsor; (ii) a person who has applied to be a standard business sponsor; (iii) a party to a work agreement (other than a Minister); (iv) a party to negotiations for a work agreement (other than a Minister); and (b) under paragraph 140GB(1)(b) of the Act, nominates a proposed occupation in relation to a holder of, or an applicant or proposed applicant for, a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa (the nominee ). (2) For the purposes of paragraph 140GB(2)(b) of the Act, the criteria set out in this regulation are prescribed. Note: In addition, subsection 140GB(2) of the Act requires the person to be an approved work sponsor and to have paid any nomination training contribution charge in relation to the nomination. General (3) The Minister is satisfied that the person made the nomination in accordance with the process set out in regulation 2.73B. (4) The Minister is satisfied that either: (a) there is no adverse information known to Immigration about the person or a person associated with the person; or (b) it is reasonable to disregard any adverse information known to Immigration about the person or a person associated with the person. (5) The Minister is satisfied that: (a) if the occupation is nominated for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Employer Sponsored stream—the person is a standard business sponsor other than an overseas business sponsor; or (b) if the occupation is nominated for a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa in the Labour Agreement stream: (i) the person is a party to a work agreement (other than a Minister); and (ii) the work agreement authorises the recruitment, employment, or engagement of services of a person who is intended to be employed or engaged as a holder of a Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa. (6) The Minister is satisfied that the position associated with the occupation is located at a place in a part of Australia that, when the nomination was made, was a designated regional area. Note: Regulation 1.03 provides that designated regional area has the meaning set out in regulation 1.15M. (7) The Minister is satisfied that any debt due by the person as mentioned in section 140ZO of the Act (recovery of nomination training contribution charge and late payment penalty) has been paid in full. Information to be provided as part of nomination (8) If the nominee holds a Subclas", "reviewMethod": "Source-based draft with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "component-au-medivac-repeal-20191205", "countryCode": "AU", "country": "Australia", "title": "Medivac statutory transfer pathway repealed, with limited court-proceeding protection", "policyEffect": "From December 5, 2019, the Migration Amendment (Repairing Medical Transfers) Act 2019 repealed the medical-transfer approval and review provisions added in March 2019, including sections 198C–198J and the Independent Health Advice Panel provisions. It also repealed subsection 198B(4), while leaving the underlying section 198B temporary-transfer power in place. The repeal removed the statutory two-doctor notification, ministerial decision deadlines and panel-review pathway; it was not a prohibition on every medical transfer under other powers. Amendments applied the existing removal and regional-processing return provisions to people brought to Australia under repealed section 198C, whether brought before, on or after commencement. This did not state that every transferee must immediately be returned regardless of the conditions of those provisions. The Act disapplied the general saving rule in section 7(2) of the Acts Interpretation Act 1901 for the repealed medical-transfer provisions. It expressly preserved rights or liabilities between parties to court proceedings where judgment was reserved at commencement or had been delivered before commencement, and the judgment set aside or declared invalid a decision under a medical-transfer provision. The repeal therefore did not contain a general preservation of all pending requests under the former pathway.", "operativeDate": "2019-12-05", "year": 2019, "affectedGroup": "Transitory persons covered by the repealed medical-transfer provisions", "materialConditionsAndExceptions": "Validated condition or limit: Amendments applied the existing removal and regional-processing return provisions to people brought to Australia under repealed section 198C, whether brought before, on or after commencement.; This did not state that every transferee must immediately be returned regardless of the conditions of those provisions.; It expressly preserved rights or liabilities between parties to court proceedings where judgment was reserved at commencement or had been delivered before commencement, and the judgment set aside or declared invalid a decision under a medical-transfer provision.", "policyCategory": "Asylum, protection and detention", "policyTool": "Repeal of medical-transfer approval and review pathway", "sourceName": "Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/C2019A00110/asmade/2019-12-04/text/original/epub/OEBPS/document_1/document_1.html", "preciseCitation": "Migration Amendment (Repairing Medical Transfers) Act2019, commencement table and Schedule1, especially items9–15; Home Affairs Legislation Amendment (Miscellaneous Measures) Act2019 Schedule6", "evidencePassage": "Migration Amendment (Repairing Medical Transfers) Act 2019 No. 110, 2019 An Act to amend the Migration Act 1958 , and for related purposes Contents 1 Short title 2 Commencement 3 Schedules Schedule 1—Repairing medical transfers Part 1—Amendments Migration Act 1958 Part 2—Application provisions etc. Migration Amendment (Repairing Medical Transfers) Act 2019 No. 110, 2019 An Act to amend the Migration Act 1958 , and for related purposes [ Assented to 4 December 2019 ] The Parliament of Australia enacts: 1 Short title This Act is the Migration Amendment (Repairing Medical Transfers) Act 2019 . 2 Commencement (1) Each provision of this Act specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. Sections 1 to 3 and anything in this Act not elsewhere covered by this table The day this Act receives the Royal Assent. 4 December 2019 2. Schedule 1 The day after this Act receives the Royal Assent. 5 December 2019 Note: This table relates only to the provisions of this Act as originally enacted. It will not be amended to deal with any later amendments of this Act. (2) Any information in column 3 of the table is not part of this Act. Information may be inserted in this column, or information in it may be edited, in any published version of this Act. 3 Schedules Legislation 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. Schedule 1 — Repairing medical transfers Part 1 — Amendments Migration Act 1958 1 Subsection 5(1) Repeal the following definitions: (a) definition of legacy minor ; (b) definition of relevant transitory person ; (c) definition of treating doctor . 2 Paragraph 42(2A)(ca) Omit “or 198C”. 3 Subsection 198(1A) After “section 198B”, insert “or repealed section 198C”. 4 Subsection 198(1A) (note) Omit “Note:”, substitute “Note 1:”. 5 At the end of subsection 198(1A) Add: Note 2: Section 198C was repealed by the Migration Amendment (Repairing Medical Transfers) Act 2019 . It provided for certain transitory persons to be brought to Australia for a temporary purpose (including the temporary purpose of medical or psychiatric assessment or treatment). 6 Paragraph 198(1B)(a) After “section 198B”, insert “or repealed section 198C”. 7 Paragraph 198AH(1A)(a) After “section 198B”, insert “or repealed section 198C”. 8 At the end of subsection 198AH(1A) Add: Note: Section 198C was repealed by the Migration Amendment (Repairing Medical Transfers) Act 2019 . It provided for certain transitory persons to be brought to Australia for a temporary purpose (including the temporary purpose of medical or psychiatric assessment or treatment). 9 Subsection 198B(4) Repeal the subsection. 10 Sections 198C to 198J Repeal the sections. 11 Subdivision D of Division 8 of Part 2 Repeal the Subdivision. 12 Subsection 474(4) (table items 1A to 1D) Repeal the items. 13 Subsection 499(1) Omit “(other than the panel established under section 199A)”. Part 2 — Application provisions etc. 14 Application of amendments relating to removal etc. (1) The amendments of subsection 198(1A) and paragraph 198(1B)(a) of the Migration Act 1958 made by this Schedule apply in relation to an unlawful non ‑ citizen brought to Australia under repealed section 198C of that Act before, on or after the commencement of this item. (2) The amendment of paragraph 198AH(1A)(a) of the Migration Act 1958 made by this Schedule applies in relation to a transitory person brought to Australia under repealed section 198C of that Act before, on or after the commencement of this item. 15 Effect of repeal of medical transfer provisions (1) Subsection 7(2) of the Acts Interpretation Act 1901 does not apply in relation to the repeal by this Schedule of a medical transfer provision. (2) Despite subitem (1), the repeal by this Schedule of a medical transfer provision does not affect rights or liabilities arising between parties to proceedings in which: (a) judgment is reserved by a court as at the commencement of this item; or (b) judgment has been delivered by a court before the commencement of this item; and the judgment sets aside, or declares invalid, a decision made under a medical transfer provision. (3) In this item: medical transfer provision means any of the following provisions of the Migration Act 1958 : (a) subsection 198B(4); (b) sections 198C to 198J; (c) Subdivision D of Division 8 of Part 2; (d) items 1A to 1D of the table in subsection 474(4). [ Minister’s second reading speech made in— House of Representatives on 4 July 2019 Senate on 29 July 2019 ] (104/19)", "reviewMethod": "Source-based draft with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp5-b202325baa13cf15a453", "countryCode": "AU", "country": "Australia", "title": "Australia adds South Korea to COVID-19 entry restrictions", "policyEffect": "Foreign nationals (excluding permanent residents of Australia) who are in the Republic of Korea on or after 5 March 2020 are not allowed to enter Australia for 14 days from the time they have left or transited through the Republic of Korea. Australian citizens and permanent residents are still able to enter Australia, as are their immediate family members (spouses, legal guardians or dependants only), and they are required to self-isolate at home for 14 days from the day they left the Republic of Korea.", "operativeDate": "2020-03-05", "year": 2020, "affectedGroup": "Foreign nationals who had been in or transited south korea during the preceding 14 days, excluding australian permanent residents", "materialConditionsAndExceptions": "Validated condition or limit: Foreign nationals (excluding permanent residents of Australia) who are in the Republic of Korea on or after 5 March 2020 are not allowed to enter Australia for 14 days from the time they have left or transited through the Republic of Korea.; Australian citizens and permanent residents are still able to enter Australia, as are their immediate family members (spouses, legal guardians or dependants only), and they are required to self-isolate at home for 14 days from the day they left the Republic of Korea.", "policyCategory": "Border control / entry requirements / ineligible travellers", "policyTool": "Entry ban / travel restriction", "sourceName": "Prime Minister of Australia / Department of the Prime Minister and Cabinet", "sourceUrl": "https://pmtranscripts.pmc.gov.au/release/transcript-42707", "preciseCitation": "Prime Minister of Australia / National Security Committee of Cabinet Statement (5 March 2020)", "evidencePassage": "As of 5 March 2020: … Foreign nationals (excluding permanent residents of Australia) who are in the Republic of Korea on or after today will not be allowed to enter Australia for 14 days from the time they have left or transited through the Republic of Korea; … Australian citizens and permanent residents will still be able to enter Australia, as will their immediate family members (spouses, legal guardians or dependants only). They will be required to self-isolate at home for 14 days from the day they left the Republic of Korea.", "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp3-85c2930959d39fa034aa", "countryCode": "AU", "country": "Australia", "title": "Australia introduces an outbound passenger travel prohibition with statutory and discretionary exemptions", "policyEffect": "From 12 pm on March 25, 2020, Australian citizens and permanent residents were prohibited from leaving Australian territory as passengers on outgoing aircraft or vessels, and operators were prohibited from departing with them aboard, unless an exemption applied. General exemptions covered people ordinarily resident outside Australia; crew members or safety/maintenance workers associated with an aircraft or vessel other than the outgoing aircraft or vessel; people engaged in day-to-day inbound or outbound freight; travel associated with essential work at an offshore facility; and official government business, including Australian Defence Force members. An APS employee in the Australian Border Force could grant a written exemption to the citizen, permanent resident or operator in exceptional circumstances, demonstrated by a compelling reason for needing to leave Australian territory. This record describes the original determination’s prohibition and exemptions at commencement, not later amendments or its eventual termination.", "operativeDate": "2020-03-25", "year": 2020, "affectedGroup": "Australian citizens and permanent residents departing as passengers, and outgoing aircraft and vessel operators", "materialConditionsAndExceptions": "Validated condition or limit: From 12 pm on March 25, 2020, Australian citizens and permanent residents were prohibited from leaving Australian territory as passengers on outgoing aircraft or vessels, and operators were prohibited from departing with them aboard, unless an exemption applied.", "policyCategory": "Outbound border restrictions", "policyTool": "Passenger departure prohibition and exemptions", "sourceName": "Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2020L00306/asmade/2020-03-25/text/original/pdf", "preciseCitation": "Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Overseas Travel Ban Emergency Requirements) Determination 2020, F2020L00306, sections 2 and 4–7, as made March 25, 2020.", "evidencePassage": "Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Overseas Travel Ban Emergency Requirements) Determination 2020 I, Greg Hunt, Minister for Health, make the following determination. Dated 25 March 2020 Greg Hunt Minister for Health OPC64532 - A Authorised Version F2020L00306 registered 25/03/2020 Contents Part 1—Preliminary 1 1 Name ........................................................................................................................... 1 2 Commencement .......................................................................................................... 1 3 Authority ..................................................................................................................... 1 4 Definitions .................................................................................................................. 1 Part 2—Requirements 3 5 Persons not to travel outside Australian territory after 12 pm, 25 March 2020 ........... 3 6 Exemptions—general .................................................................................................. 3 7 Exemptions—granted by an APS employee in the Australian Border Force .............. 3 Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic i Potential) (Overseas Travel Ban Emergency Requirements) Determination 2020 OPC64532 - A Authorised Version F2020L00306 registered 25/03/2020 Preliminary Part 1 Section 1 Part 1—Preliminary 1 Name This instrument is the Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Overseas Travel Ban Emergency Requirements) Determination 2020. 2 Commencement (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Details 1. The whole of this 12 pm on 25 March 2020. 12 pm on 25 March 2020 instrument Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument. (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument. 3 Authority This instrument is made under subsection 477(1) of the Biosecurity Act 2015. 4 Definitions Note: A number of expressions used in this instrument are defined in the Biosecurity Act 2015, including the following: (a) Australian territory; (b) operator; (c) passenger. In this instrument: Australian Border Force has the same meaning as in the Australian Border Force Act 2015. Australian citizen has the same meaning as in the Australian Citizenship Act 2007. Australian Defence Force has the same meaning as in the Defence Act 1903. member has the same … as in the Defence Act 1903. Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic 1 Potential) (Overseas Travel Ban Emergency Requirements) Determination 2020 OPC64532 - A Authorised Version F2020L00306 registered 25/03/2020 Part 1 Preliminary Section 4 permanent resident has the same meaning as in the Australian Citizenship Act 2007. 2 Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic Potential) (Overseas Travel Ban Emergency Requirements) Determination 2020 OPC64532 - A Authorised Version F2020L00306 registered 25/03/2020 Requirements Part 2 Section 5 Part 2—Requirements 5 Persons not to travel outside Australian territory after 12 pm, 25 March 2020 (1) An Australian citizen or permanent resident (the person) must not leave Australian territory as a passenger on an outgoing aircraft or vessel on or after the time this instrument commences unless: (a) an exemption set out in section 6 applies to the person; or (b) an exemption is granted to the operator of the aircraft or vessel or the person by an APS employee in the Australian Border Force under section 7. (2) An operator of an outgoing aircraft or vessel must not leave Australian territory on or after the time this instrument commences with any passenger who is an Australian citizen or permanent resident (the person) on board the aircraft or vessel unless: (a) an exemption set out in section 6 applies to the person; or (b) an exemption is granted to the operator or person by an APS employee in the Australian Border Force under section 7. 6 Exemptions—general An exemption from the requirements of section 5 applies to the following persons: (a) a person ordinarily resident in a country other than Australia; (b) a person who is member of the crew of an aircraft or vessel (other than the outgoing aircraft or vessel) or is a worker associated with the safety or maintenance of an aircraft or vessel (other than the outgoing aircraft or vessel); (c) a person engaged in the day-to-day conduct of inbound and outbound freight; (d) a person whose travel is associated with essential work at an offshore facility; (e) a person who is travelling on official government business (including a member of the Australian Defence Force). 7 Exemptions—granted by an APS employee in the Australian Border Force (1) In exceptional circumstances, an APS employee in the Australian Border Force may grant an exemption to: (a) an Australian citizen; or (b) a permanent resident; or (c) an operator of an outgoing aircraft or vessel. (2) For the purposes of subsection (1), exceptional circumstances are demonstrated by the Australian citizen, permanent resident or operator providing a compelling reason for needing to leave Australian territory. Biosecurity (Human Biosecurity Emergency) (Human Coronavirus with Pandemic 3 Potential) (Overseas Travel Ban Emergency Requirements) Determination 2020 OPC64532 - A Authorised Version F2020L00306 registered 25/03/2020 Part 2 Requirements Sec", "reviewMethod": "Source-based draft with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp3-860863ea1d71affefd46", "countryCode": "AU", "country": "Australia", "title": "Migration (LIN 20/122: COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class GG) visa) Instrument 2020", "policyEffect": "Created the COVID-19 Pandemic event stream for the Subclass 408 (Temporary Activity) visa, allowing certain temporary visa holders to lawfully stay and work in Australia.", "operativeDate": "2020-04-04", "year": 2020, "affectedGroup": "New applicants", "materialConditionsAndExceptions": "", "policyCategory": "Residence", "policyTool": "New pathway", "sourceName": "Federal Register of Legislation", "sourceUrl": "https://legislation.gov.au/Details/F2020L00409", "preciseCitation": "Federal Register of Legislation. Migration (LIN 20/122: COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class GG) visa) Instrument 2020.; Federal Register of Legislation, LIN 20/122 (F2020L00409); Parliamentary Library Bills Digest/Briefing (aph.gov.au)", "evidencePassage": "06/04/2020 2 Migration (LIN 20/122: COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class GG) visa) Instrument 2020 Part 2—Event, class of persons and visa application charge 5 Event For paragraph 408.229(b) of Schedule 2 to the Regulations, the COVID-19 pandemic is specified. 6 Class of persons For paragraph 408.229(c) of Schedule 2 to the Regulations, an applicant for a Subclass 408 visa is in a class of persons in relation to the event specified in section 5 if, at the time of application, the applicant is: (a) in Australia; and (b) unable to depart Australia as a result of the COVID-19 pandemic; and (c) either: (i) the holder of a temporary visa that is 28 days or less from ceasing to be in effect; or (ii) was the holder of a temporary visa that ceased to be in effect not more than 28 days before the application for a Subclass 408 visa is made; and (d) unable to make a valid application, or meet the Schedule 2 criteria, for: (i) a visa of the same Subclass as the visa mentioned in paragraph (c); or (ii) a temporary visa of any other Subclass other than a Subclass 408 visa. 7 Visa application charge The class of persons in section 6 is specified for the purposes of subparagraph 1237(2)(a)(i) of Schedule 1 to the Regulations. Note: Subparagraph 1237(2)(a)(i) provides that the first instalment amount of the visa application charge is nil for a person in a class of persons specified in a legislative instrument made for the purposes of that subparagraph.Authorised Version F2020L00409 registered 06/04/2020", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp5-7de8f3dc404547afd2ac", "countryCode": "AU", "country": "Australia", "title": "Migration Amendment (Regulation of Migration Agents) Act 2020 (Administrative Refusal & Scope Provisions)", "policyEffect": "Implemented operative administrative powers under Part 3 of the Migration Act 1958 enabling the Office of the Migration Agents Registration Authority (OMARA) to formally refuse an application for registration as a Registered Migration Agent if an applicant fails to provide requested information within the prescribed timeframe, and expanded the statutory definitions of providing immigration assistance and making immigration representations. Phase scope: Early administrative provisions; full dual-regulation deregulation for unrestricted legal practitioners was deferred to March 2021", "operativeDate": "2020-08-11", "year": 2020, "affectedGroup": "Migration agent applicants and registered migration agents", "materialConditionsAndExceptions": "Validated condition or limit: Implemented operative administrative powers under Part 3 of the Migration Act 1958 enabling the Office of the Migration Agents Registration Authority (OMARA) to formally refuse an application for registration as a Registered Migration Agent if an applicant fails to provide requested information within the prescribed timeframe, and expanded the statutory definitions of providing immigration assistance and making immigration representations.", "policyCategory": "Migration advice industry / administrative procedures", "policyTool": "Sanctions / adjudication requirements", "sourceName": "mara.gov.au", "sourceUrl": "https://mara.gov.au/notices-reports-subsite/Pages/news.aspx", "preciseCitation": "Office of the Migration Agents Registration Authority Regulatory Update (14 August 2020)", "evidencePassage": "to apply for repeat registration as a registered migration agent (RMA) from 12 months to three years. This schedule will commence at the same time. We will provide comprehensive advice to the industry in the lead up to the commencement of these provisions. On 11 August, some other measures of the Acts Pa​ckage came into force, including: removing redundant provisions in Part 3 of the Migration Act 1958, which governs RMAs. allowing the OMARA to refuse an application for registration as an RMA if the applicant does not provide requested information, instead of leaving the application unfinalised indefinitely. This change will improve the administrative efficiency of the OMARA. expansion of the definitions of immigration assistance and makes immigration representations for the purposes of Part 3 of the Migration Act 1958. These definitions now include assisting a person to make a representation to the Minister in relation to the revocation of a visa refusal or cancellation decision on character grounds under section 501C or 501CA. These amendments will deter those not registered as RMAs from assisting another person in making such representations to the Minister, and penalties will", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "repair-fcp-3c14293217b6d2959e5d", "countryCode": "AU", "country": "Australia", "title": "Migration (LIN 20/182: Subclass 417 (Working Holiday) Visa — Specified Work and Places) Instrument 2020", "policyEffect": "Enables Subclass 417 visa holders undertaking critical COVID-19 work in the healthcare and medical sectors anywhere in Australia after 31 January 2020 to count this work toward eligibility for a second or third Working Holiday visa.", "operativeDate": "2020-08-19", "year": 2020, "affectedGroup": "Working holiday makers (subclass 417)", "materialConditionsAndExceptions": "Validated condition or limit: Enables Subclass 417 visa holders undertaking critical COVID-19 work in the healthcare and medical sectors anywhere in Australia after 31 January 2020 to count this work toward eligibility for a second or third Working Holiday visa.", "policyCategory": "Temporary employment / working holiday", "policyTool": "Eligibility criteria", "sourceName": "Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/Details/F2020L01033", "preciseCitation": "Migration (LIN 20/182: Subclass 417 (Working Holiday) visa—Specified work and places) Instrument 2020, LIN 20/182", "evidencePassage": "ustralian Capital Territory All areas of the Australian Capital TerritoryAuthorised Version F2020L01033 registered 18/08/2020 7 Migration (LIN 20/182: Subclass 417 (Working Holiday) visa—Specified work and places) Instrument 2020 9 Critical COVID-19 work in the healthcare and medical sectors (1) For the definition of specified work in subitem 1225(5) of Schedule 1 to the Regulations, critical COVID-19 work in the healthcare and medical sectors, carried out after 31 January 2020, including but not limited to work mentioned in paragraph (a) or (b), is specified: (a) medical treatment, nursing, c … ontact tracing, testing and research; (b) support services such as cleaning of medical and health care facilities and equipment. (2) For the definition of regional Australia in subitem 1225(5) of Schedule 1 to the Regulations, each place occupying any Australian postcode area is specified for the kinds of work specified in subsection (1).Authorised Version F2020L01033 registered 18/08/2020 … .................... 5 9 Critical COVID-19 work in the healthcare and medical sectors ............................................ 7Authorised Version F2020L01033 registered 18/08/2020 3 Migration (LIN 20/182: Subclass 417 (Working Holiday) visa—Specified work and places) Instrument 2020 Part 1—Preliminary 1 Name (1) This instrument is titled Migration (LIN 20/182: Subclass 417 (Working Holiday) visa—Specified work and places) Instrument 2020. (2) This instrument may be cited as LIN 20/182. 2 Commencement This instrument commences on the day after it is registered on the Federal Register of Le … gislation. 3 Authority This instrument is made for the definitions of regional Australia and specified work in subitem 1225(5) of Schedule 1 to the Regulations. 4 Definitions In this instrument: COVID-19 means the pandemic declared by the World Health Organization on 11 March 2020, caused by the coronavirus COVID-19. Regulations means the Migration Regulations 1994. Subclass 417 visa means a Subclass 417 (Working Holiday) visa. 5 Repeal This instrument repeals the Migration (LIN 20/103: Subclass 417 (Working Holiday) Visa—Regional Australia and Specified Work) Instrument 2020 (LIN 20/103) (F20 … 20L00224), in accordance with subsection 33(3) of the Acts Interpretation Act 1901. 6 Application (1) This instrument applies to an application for a Subclass 417 visa made on or after the commencement of this instrument. (2) Despite the repeal mentioned in section 5, LIN 20/103 continues to apply to an application for a Subclass 417 visa made but not finally determined immediately before the commencement of this instrument.Authorised Version F2020L01033 registered 18/08/2020 4 Migration (LIN 20/182: Subclass 417 (Working Holiday) visa—Specified work and places) Instrument 2020 Part 2—Specifie … Migration (LIN 20/182: Subclass 417 (Working Holiday) visa—Specified work and places) Instrument 2020 I, Michelle Pearce, as delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, make this instrument. Dated: 18 August 2020 Michelle Pearce Acting Senior Executive Service Band One Immigration and Community Protection Policy Division Department of Home AffairsAuthorised Version F2020L01033 registered 18/08/2020 2 Migration (LIN 20/182: Subclass 417 (Working Holiday) visa—Specified work and places) Instrument 2020 Contents Part 1—Preliminary 3 1 Name ..", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "repair-fcp3-2597c4c6261119eb8a17", "countryCode": "AU", "country": "Australia", "title": "Migration (LIN 20/184: Subclass 462 (Work and Holiday) Visa — Specified Work and Areas) Instrument 2020", "policyEffect": "Specifies critical COVID-19 healthcare and medical work carried out in any Australian postcode area after 31 January 2020 as specified work for Subclass 462 visa eligibility.", "operativeDate": "2020-08-19", "year": 2020, "affectedGroup": "Work and holiday makers (subclass 462)", "materialConditionsAndExceptions": "Validated condition or limit: Specifies critical COVID-19 healthcare and medical work carried out in any Australian postcode area after 31 January 2020 as specified work for Subclass 462 visa eligibility.", "policyCategory": "Temporary employment / work and holiday", "policyTool": "Eligibility criteria", "sourceName": "Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/Details/F2020L01034", "preciseCitation": "Migration (LIN 20/184: Subclass 462 (Work and Holiday) visa – Specified work and areas) Instrument 2020, LIN 20/184", "evidencePassage": "18/08/2020 Migration (LIN 20/184: Subclass 462 (Work and Holiday) visa – Specified work and areas) Instrument 2020 5 (b) providing support services or assistance to people living, working or volunteering in the affected areas. (2) For regulation 1.15FA of the Regulations, for a State or Territory mentioned in an item in column 1 of table 3 in Schedule 4, the local government area mentioned in column 2 for the item is specified for the purposes of the definition of specified Subclass 462 work in regulation 1.03 of the Regulations for any kind of work specified in subsection (1). 11 Critical COV … ID-19 work in the healthcare and medical sectors (1) For regulation 1.15FA of the Regulations, critical COVID-19 work in the healthcare and medical sectors carried after 31 January 2020, including but not limited to work mentioned in paragraph (a) or (b), is specified for the purposes of the definition of specified Subclass 462 work in regulation 1.03 of the Regulations: (a) medical treatment, nursing, contact tracing, testing and research; (b) support services such as cleaning of medical and health care facilities and equipment. (2) For regulation 1.15FA of the Regulations, each area within a … visa – Specified work and areas) Instrument 2020 3 Part 1—Preliminary 1 Name (1) This instrument is titled Migration (LIN 20/184: Subclass 462 (Work and Holiday) visa – Specified work and areas) Instrument 2020. (2) This instrument may be cited as LIN 20/184. 2 Commencement This instrument commences on the day after it is registered on the Federal Register of Legislation. 3 Authority This instrument is made under regulation 1.15FA of the Regulations. 4 Definitions Note: A number of expressions used in this instrument are defined in the Regulations, including ANZSCO and specified Subclass 462 w … ork. In this instrument: COVID-19 means the pandemic declared by the World Health Organization on 11 March 2020, caused by the coronavirus COVID-19. Regulations means the Migration Regulations 1994. Subclass 462 visa means Subclass 462 (Work and Holiday) visa. 5 Repeal This instrument repeals the Migration (LIN 20/104: Subclass 462 (Work and Holiday) Visa – Specified Areas of Australia and Kinds of Work) Instrument 2020 (LIN 20/104) (F2020L00223), in accordance with subsection 33(3) of the Acts Interpretation Act 1901. 6 Application (1) This instrument applies to an application for a Subclass … Migration (LIN 20/184: Subclass 462 (Work and Holiday) visa – Specified work and areas) Instrument 2020 I, Michelle Pearce, as delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, make this instrument. Dated 18 August 2020 Michelle Pearce Acting Senior Executive Service, Band One Immigration and Community Protection Policy Division Department of Home AffairsAuthorised Version F2020L01034 registered 18/08/2020 Migration (LIN 20/184: Subclass 462 (Work and Holiday) visa – Specified work and areas) Instrument 2020 2 Contents Part 1—Preliminary 3 1 Nam", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp3-d25ff8d713528d18bd04", "countryCode": "AU", "country": "Australia", "title": "Mandatory Jobactive Advertising for Employer-Sponsored Labour Market Testing", "policyEffect": "Amends labour market testing (LMT) requirements for employer-sponsored skilled visas (Subclasses 457, 482, and 494) by mandating that nominated positions must be advertised on the Australian Government's Jobactive website in addition to standard testing requirements.", "operativeDate": "2020-09-03", "year": 2020, "affectedGroup": "Employers / skilled temporary migrants", "materialConditionsAndExceptions": "Validated condition or limit: Amends labour market testing (LMT) requirements for employer-sponsored skilled visas (Subclasses 457, 482, and 494) by mandating that nominated positions must be advertised on the Australian Government's Jobactive website in addition to standard testing requirements.", "policyCategory": "Labour market", "policyTool": "Labour market test", "sourceName": "Federal Register of Legislation (Department of Home Affairs)", "sourceUrl": "https://www.legislation.gov.au/Details/F2020L01115", "preciseCitation": "Migration (LIN 20/156: Jobactive – Period, manner and evidence of labour market testing) Amendment Instrument 2020 (F2020L01115)", "evidencePassage": "evidence of labour market testing) Amendment Instrument 2020 OPC64759 - C Schedule 1—Amendments Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018 1 Section 4 Insert: Employment Department means the Department responsible for employment policy, including employment services. 2 Subsection 7(1) Omit “Under subsection 140GBA(5) and for”, substitute “For”. 3 Subsection 8(1) Omit “under subsection 140GBA(5) of the Act”, substitute “for the purposes of subsection 7(1)”. 4 Subsection 8(2) Omit “For the purposes of paragraph 140GBA(3)(aa) and subsection 140GBA(6) of the Act, the”, substitute “The”. 5 Subsection 8(3) Repeal the subsection, substitute: (3) The nominated position must be advertised: (a) on the Employment Department’s Jobactive website (http://www.jobactive.gov.au); and (b) in at least 2 advertisements on or in one or more of the following: (i) a recruitment website with national reach in Australia (other than the website mentioned in paragraph (a)); (ii) print media with national reach in Australia; (iii) radio with national reach in Australia; (iv) if the approved sponsor is an accredited sponsor—the approved sponsor’s website. (3A) … and evidence of labour market testing) Amendment Instrument 2020 apply in relation to a nomination for a Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Temporary Skill Shortage) visa or Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa that is made after the end of the period of 28 days beginning on the day that instrument commences. (2) Despite the amendments of section 8 made by Schedule 1 to the Migration (LIN 20/156: Jobactive - Period, manner and evidence of labour market testing)Authorised Version F2020L01123 registered 02/09/2020 Schedule 1 Amendments 4 … Migration (LIN 20/156: Jobactive - Period, manner and evidence of labour market testing) Amendment Instrument 2020 OPC64759 - C Amendment Instrument 2020, that section, as in force immediately before the commencement of that instrument, continues to apply in relation to a nomination for a Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Temporary Skill Shortage) visa or Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa that is made within the period of 28 days after that commencement.Authorised Version F2020L01123 registered 02/09/2020", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-eb0157f5767027b152f7", "countryCode": "AU", "country": "Australia", "title": "Migration (LIN 20/229: COVID-19 Pandemic Event for Subclass 408 (Temporary Activity) Visa) Instrument 2020", "policyEffect": "Expands the eligible class of persons for the nil-VAC Subclass 408 COVID-19 Pandemic Event visa to include individuals with relevant skills and qualifications undertaking or intending to undertake work in the aged care sector.", "operativeDate": "2020-09-08", "year": 2020, "affectedGroup": "Aged care workers / temporary visa holders (subclass 408)", "materialConditionsAndExceptions": "Validated condition or limit: Expands the eligible class of persons for the nil-VAC Subclass 408 COVID-19 Pandemic Event visa to include individuals with relevant skills and qualifications undertaking or intending to undertake work in the aged care sector.", "policyCategory": "Temporary activity / covid-19 pandemic visa", "policyTool": "Eligibility criteria and fee waiver", "sourceName": "Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/Details/F2020L01145", "preciseCitation": "LIN 20/229: COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class GG) visa, F2020L01145", "evidencePassage": "F2020L01145 registered 07/09/2020 Migration (LIN 20/229: COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class GG) visa) Instrument 2020 6 (i) the holder of a substantive temporary visa, which has a condition attached prohibiting the holder from working in Australia; or (ii) was the holder of a substantive temporary visa that ceased to be in effect not more than 28 days before the application for a Subclass 408 visa is made; and (d) in receipt of an offer of employment from an approved provider or a service provider of a Commonwealth-funded aged care service to undertake work in the aged care sector. Note: Subparagraphs 8(1)(c)(ii) and 8(2)(c)(ii) above are in accordance with the requirements in Schedule 1 to the Regulations. Item 5 of the table under subitem 1237(3) of Schedule 1 to the Regulations sets out additional requirements for applicants who do not hold a substantive visa, which has the effect that an applicant who does not hold a substantive visa must have held a substantive visa that ceased to be in effect not more than 28 days before making an application. 9 Visa application charge The classes of persons mentioned in section 8 are specified for the purposes of subparagraph 1237(2)(a)(i) of Schedule 1 to the Regulations. Note: Subparagraph 1237(2)(a)(i) provides that the first instalment amount of the visa application charge is nil for an applicant in a class of persons specified in a legislative instrument made for the purposes of that subparagraph.Authorised Version F2020L01145 registered 07/09/2020", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp3-04dbdfe5687dbbbabd4c", "countryCode": "AU", "country": "Australia", "title": "Implementation of Broad COVID-19 Concessions Across Visas", "policyEffect": "Inserts a formal \"concession period\" definition starting retroactively on 1 February 2020 and enacts regulatory concessions across multiple visa subclasses (Subclass 887, 888, 188, 790, and 485). This includes allowing offshore lodgement/grant and reduced regional work/residence periods for Subclass 887, extending timeframes for business visas (188/888), and permitting offshore applications and grants for Temporary Graduate (Subclass 485) visas.", "operativeDate": "2020-09-19", "year": 2020, "affectedGroup": "Students / skilled migrants", "materialConditionsAndExceptions": "", "policyCategory": "Other", "policyTool": "Other", "sourceName": "Federal Register of Legislation (Commonwealth of Australia)", "sourceUrl": "https://www.legislation.gov.au/Details/F2020L01181", "preciseCitation": "Migration Amendment (COVID-19 Concessions) Regulations 2020 (F2020L01181)", "evidencePassage": "............. 1 Schedule 1—Amendments 2 Part 1—COVID-19 concession period 2 Migration Regulations 1994 2 Part 2—Subclass 887 (Skilled—Regional) visas 3 Migration Regulations 1994 3 Part 3—Subclass 888 (Business Innovation and Investment (Permanent)) visas 6 Migration Regulations 1994 6 Part 4—Subclass 790 (Safe Haven Enterprise) visas 12 Migration Regulations 1994 12 Part 5—Subclass 485 (Temporary Graduate) visas 13 Migration Regulations 1994 13 Part 6—Application and transitional provisions 15 Migration Regulations 1994 15Authorised Version F2020L01181 registered 18/09/2020 Authorised Version … February 2020; and (b) ends on a day specified by the Minister under subregulation (2). (2) The Minister may, by legislative instrument, specify a day for the purposes of paragraph (1)(b). Later concession periods for the purposes of specified provisions (3) The Minister may, by legislative instrument, determine a period as a concession period for the purposes of a specified provision of these Regulations in which the expression “concession period” is used. (4) The period must not begin before the initial concession period ends.Authorised Version F2020L01181 registered 18/09/2020 Amendments Schedule … application during a concession period—may be in or outside Australia but not in immigration clearance; or (ii) if the applicant was the holder of a visa mentioned in any of subparagraphs (7)(a)(i) to (vi) and makes the application during a concession period—must be outside Australia; or (iii) if the applicant is seeking to satisfy the secondary criteria and claims to be a member of the family unit of an applicant to whom subparagraph (i) or (ii) applies—may be in or outside Australia but not in immigration clearance; orAuthorised Version F2020L01181 registered 18/09/2020 Schedule 1 Amendments Part 2 Subclass … (1) Subject to subclause (2), the”. 7 At the end of clause 887.212 of Schedule 2 Add: (2) For the purposes of working out the length of time the applicant has lived in a specified regional area, the applicant is taken to have lived in a specified regional area for a period of 6 months (or such longer period as the Minister specifies in a legislative instrument under subclause (3)) if the applicant: (a) was outside Australia during a concession period; and (b) made the application outside Australia during the concession period; andAuthorised Version F2020L01181 registered 18/09/2020 Amendments … Schedule 1 Subclass 887 (Skilled—Regional) visas Part 2 Migration Amendment (COVID-19 Concessions) Regulations 2020 5 OPC64801 - C (c) either: (i) is the holder of a visa mentioned in subclause (1); or (ii) was the holder of a visa mentioned in subclause (1) that expired during the concession period. (3) The Minister may, by legislative instrument, specify a longer period for the purposes of subclause (2). 8 Clause 887.213 of Schedule 2 Repeal the clause, substitute: 887.213 (1) The applicant must have worked full-time in a specified regional area: (a) for a total of at least one year as the holder of one or more of the visas mentioned in subclause 887.212(1); or (b) if subclause (2) applies—for a total of 9 months (or such shorter period as the Minister specifies for the purposes of this paragraph in a legislative instrument under subclause (3)) as the holder of one or more of the visas mentioned in subclause 887.212(1). (2) This subclause applies if the applicant held a visa mentioned in subclause 887.212(1) during a concession period and made the application no later than 3 months after the end of the concession period. (3) The Minister may, by legislative instrument, specify a … shorter period for the purposes of paragraph (1)(b). 9 Clause 887.411 of Schedule 2 Repeal the clause, substitute: 887.411 The applicant may be in or outside Australia when the visa is granted, but not in immigration clearance. Note: The second instalment of the visa application charge must be paid before the visa can be granted.Authorised Version F2020L01181 registered 18/09/2020 Schedule 1 Amendments Part 3 Subclass 888 (Business Innovation and Investment (Permanent)) visas 6 Migration Amendment (COVID-19 Concessions) Regulations 2020 OPC64801 - C Part 3—Subclass 888 (Business Innovation and … (a) the visa expired during a concession period; (b) the application is made no more than 3 months after the end of the concession period 4 The applicant was the holder of a Subclass 188 (Business Innovation and Investment (Provisional)) visa (the secondary visa) granted on the basis that the applicant was the spouse or de facto partner of a person who held a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Investor stream and both the following apply: (a) the secondary visa expired during a concession period; (b) the application is made no more than 3 months after the end of the concession periodAuthorised Version F2020L01181 registered 18/09/2020 Amendments Schedule 1 Subclass 888 (Business Innovation and Investment (Permanent)) visas Part 3 Migration Amendment (COVID-19 Concessions) Regulations 2020 7 OPC64801 - C 14 Subitem 1104BA(5A) of Schedule 1 (at the end of the table) Add: 3 The applicant was the holder of a Subclass 188 (Business Innovation and Investment (Provisional)) visa in the Significant Investor stream or the Significant Investor Extension stream and both the following apply: (a) the visa expired during a concession period; (b) the application", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp3-983cfb714bf17679dfc0", "countryCode": "AU", "country": "Australia", "title": "Extension of Prospective Marriage (Subclass 300) Visa Validity", "policyEffect": "Provided visa validity extensions permitting the holder to travel to, enter and remain in Australia until 31 March 2022 for Subclass 300 visa holders who were in effect at any time during the period beginning on 6 October 2020 and ending on 10 December 2020 and who are outside Australia on 10 December 2020.", "operativeDate": "2020-10-06", "year": 2020, "affectedGroup": "Subclass 300 visa holders", "materialConditionsAndExceptions": "Validated condition or limit: Provided visa validity extensions permitting the holder to travel to, enter and remain in Australia until 31 March 2022 for Subclass 300 visa holders who were in effect at any time during the period beginning on 6 October 2020 and ending on 10 December 2020 and who are outside Australia on 10 December 2020.", "policyCategory": "Family migration / partner & prospective marriage", "policyTool": "Not stated", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2020L01577/asmade/2020-12-10/text/original/pdf", "preciseCitation": "", "evidencePassage": "1. The whole of this instrument 6 October 2020. 6 October 2020 … Despite clause 300.511, the visa is a temporary visa permitting the holder to travel to, enter and remain in Australia until 31 March 2022 if: … (a) the visa was in effect at any time during the period beginning on 6 October 2020 and ending on 10 December 2020; and (b) the holder is outside Australia on 10 December 2020.", "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-86352381e0315c3ac065", "countryCode": "AU", "country": "Australia", "title": "Subclass 189 (New Zealand Stream) Income Threshold & Exemptions", "policyEffect": "Specified minimum taxable income amounts for the Subclass 189 (Skilled – Independent) New Zealand stream for the 2019-20 income year and prior years, and specified classes of exempt applicants along with required evidence.", "operativeDate": "2020-12-11", "year": 2020, "affectedGroup": "Subclass 189 (skilled-independent) (new zealand stream) visa applicants", "materialConditionsAndExceptions": "Validated condition or limit: Specified minimum taxable income amounts for the Subclass 189 (Skilled – Independent) New Zealand stream for the 2019-20 income year and prior years, and specified classes of exempt applicants along with required evidence.", "policyCategory": "Permanent residence", "policyTool": "Income threshold & exemption specification", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2020L01553/asmade/2020-12-01/text/original/pdf", "preciseCitation": "", "evidencePassage": "For paragraph 189.233(1)(a) of Schedule 2 to the Regulations, the minimum amount of income for an income year mentioned in column 1 for an item of the following table, is specified in column 2 for that item. … For subparagraph 189.233(1)(b)(i) of Schedule 2 to the Regulations, an applicant is a member of a class of exempt applicants if the applicant: (a) could not meet the income requirement for any period in the 5 years immediately before the date of application; and (b) is of a kind mentioned in an item in column 1 of the table in Schedule 1.", "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp3-6a31ab262c4d3491fe5a", "countryCode": "AU", "country": "Australia", "title": "Facilitation of Onshore Grants for Certain Offshore Family Visas During COVID-19", "policyEffect": "Amends the Migration Regulations 1994 to enable certain offshore family stream visa applicants (Subclasses 101, 102, 300, 309, and 445) who were in Australia during the concession period to be granted their visas onshore.", "operativeDate": "2021-02-27", "year": 2021, "affectedGroup": "Offshore family stream visa applicants (subclasses 101 child, 102 adoption, 300 prospective marriage, 309 partner provisional, and 445 dependent child) who were outside australia when applying, were in australia during the concession period, and are in australia when the visa is granted", "materialConditionsAndExceptions": "", "policyCategory": "Family migration / concessions / administration", "policyTool": "Border / visa procedural flexibilities", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2021L00136/asmade/2021-02-18/text/original/pdf", "preciseCitation": "", "evidencePassage": "The whole of this instrument 27 February 2021. … (2) This subclause applies to a visa if: (a) the visa is granted after 26 February 2021; and (b) the application for the visa was made before the end of the concession period described in subregulation 1.15N(1); and (c) the applicant for the visa: (i) was in Australia at any time during that concession period; and (ii) is in Australia, but not in immigration clearance, when the visa is granted. … 5 Clause 102.411 of Schedule 2 Repeal the clause, substitute: 102.411 (1) The applicant must be outside Australia when the visa is granted if the visa is not a visa to which subclause (2) applies. … 6 Clause 300.412 of Schedule 2 Repeal the clause, substitute: 300.412 (1) The applicant must be outside Australia when the visa is granted if the visa is not a visa to which subclause (2) applies. … 7 Clause 309.412 of Schedule 2 Repeal the clause, substitute: 309.412 (1) The applicant must be outside Australia when the visa is granted if the visa is not a visa to which subclause (2) applies. … 8 Clause 445.411 of Schedule 2 Repeal the clause, substitute: 445.411 (1) If the application is made outside Australia, the applicant must be outside Australia when the visa is granted if the visa is not a visa to which subclause (2) applies.", "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-08822c2ee671a06cbe82", "countryCode": "AU", "country": "Australia", "title": "Determination of Maximum Grant Caps for Family Visas for FY2020–21", "policyEffect": "Sets the statutory maximum granting caps under paragraph 85(1)(b) of the Migration Act 1958 for the 2020/2021 financial year ending 30 June 2021: a maximum of 3,600 Contributory Parent visas (with a maximum of 125 visas granted to applicants for the Contributory Parent (Migrant) (Class CA) visa seeking to satisfy either the primary criteria in clause 143.214 or the secondary criteria in clause 143.313 of Schedule 2 to the Regulations), a maximum of 900 Parent visas, and a maximum of 500 Other Family visas.", "operativeDate": "2021-04-30", "year": 2021, "affectedGroup": "Contributory parent, parent, and other family visa applicants", "materialConditionsAndExceptions": "Validated condition or limit: Sets the statutory maximum granting caps under paragraph 85(1)(b) of the Migration Act 1958 for the 2020/2021 financial year ending 30 June 2021: a maximum of 3,600 Contributory Parent visas (with a maximum of 125 visas granted to applicants for the Contributory Parent (Migrant) (Class CA) visa seeking to satisfy either the primary criteria in clause 143.214 or the secondary criteria in clause 143.313 of Schedule 2 to the Regulations), a maximum of 900 Parent visas, and a maximum of 500 Other Family visas.", "policyCategory": "Family migration", "policyTool": "Quotas / quantitative caps", "sourceName": "Federal Register of Legislation / Department of Home Affairs", "sourceUrl": "https://www.legislation.gov.au/F2021L00511/asmade/2021-04-13/text/original/pdf", "preciseCitation": "Migration (Granting of contributory parent visas, parent visas and other family visas in the 2020/2021 financial year) Instrument (LIN 21/025) 2021 (F2021L00511).", "evidencePassage": "I, Alex Hawke, Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, make this instrument under paragraph 85(1)(b) of the Migration Act 1958. … 2 Commencement This instrument commences on the day after registration. … 4 Maximum number of visas—Contributory Parent visas (1) A maximum of 3,600 Contributory Parent visas may be granted in the financial year from 1 July 2020 to 30 June 2021. (2) Of the maximum number of Contributory Parent visas determined in subsection (1), a maximum of 125 visas may be granted to applicants for the Contributory Parent (Migrant) (Class CA) visa who are seeking to satisfy either: (a) the primary criteria set out in clause 143.214 of Schedule 2 to the Regulations; or (b) the secondary criteria set out in clause 143.313 of Schedule 2 to the Regulations. 5 Maximum number of visas—Parent visas A maximum of 900 Parent visas may be granted in the financial year from 1 July 2020 to 30 June 2021. 6 Maximum number of visas—Other Family visas A maximum of 500 Other Family visas may be granted in the financial year from 1 July 2020 to 30 June 2021.", "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-98633b3a72d1a5653edb", "countryCode": "AU", "country": "Australia", "title": "Inclusion of Hospitality and Tourism into the COVID-19 Pandemic Event (Subclass 408) Visa", "policyEffect": "Amends legislative instrument LIN 20/229 to expand the class of persons eligible for the nil-application-charge Subclass 408 (Temporary Activity) COVID-19 Pandemic Event stream to include individuals employed by, or holding an offer of employment from, an employer in the tourism and hospitality sector, and permits application if holding a substantive visa 90 days or less from expiring.", "operativeDate": "2021-05-14", "year": 2021, "affectedGroup": "Temporary workers in tourism and hospitality", "materialConditionsAndExceptions": "Validated condition or limit: Amends legislative instrument LIN 20/229 to expand the class of persons eligible for the nil-application-charge Subclass 408 (Temporary Activity) COVID-19 Pandemic Event stream to include individuals employed by, or holding an offer of employment from, an employer in the tourism and hospitality sector, and permits application if holding a substantive visa 90 days or less from expiring.", "policyCategory": "Low-skilled / seasonal / temporary labor migration", "policyTool": "Eligibility criteria / work rights", "sourceName": "Federal Register of Legislation / Department of Home Affairs", "sourceUrl": "https://www.legislation.gov.au/Details/F2021L00573", "preciseCitation": "Migration (COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class GG) visa) Amendment Instrument (No. 2) (LIN 21/038) 2021 (F2021L00573).", "evidencePassage": "visa) Amendment Instrument (No. 2) (LIN 21/038) 2021. 2 Commencement This instrument commences on the day after it is registered on the Federal Register of Legislation. 3 Amendment Schedule 1 amends Migration (LIN 20/229: COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class CG visa) Instrument 2020.Authorised Version F2021L00573 registered 13/05/2021 Migration (COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class CG) visa) Amendment Instrument (No. 2) (LIN 21/038) 2021 LIN 21/038 2 Schedule 1 Amendment (s.3) [1] After section 6A, in Part 1 insert 6B Application of amendments made by LIN 21/038 The amendments made by Migration (COVID-19 Pandemic event for Subclass 408 (Temporary Activity) visa and visa application charge for Temporary Activity (Class CG) visa) Amendment Instrument (No. 2) (LIN 21/038) 2021 apply to the following applications for a visa: (a) an application made, but not finally determined, before the commencement of that instrument; (b) an application made on or after the commencement of that instrument. [2] Subparagraph 8(1)(c)(i) omit 28 days insert 90 days [3] Subparagraph 8(3)(c)(vi) substitute (vi) health care sector; or (vii) tourism and hospitality sector; andAuthorised Version F2021L00573 registered 13/05/2021", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp3-dda027444c4891395181", "countryCode": "AU", "country": "Australia", "title": "Migration Amendment (Clarifying International Obligations for Removal) Act 2021 (Act No. 35, 2021)", "policyEffect": "Amended section 197C and inserted section 36A into the Migration Act 1958 to clarify that mandatory statutory removal provisions do not authorise the removal of an unlawful non-citizen to a country in respect of which a valid protection finding has been made (codifying non-refoulement review mechanisms in response to Federal Court rulings).", "operativeDate": "2021-05-25", "year": 2021, "affectedGroup": "Asylum seekers, refugees, unlawful non-citizens", "materialConditionsAndExceptions": "", "policyCategory": "Asylum, protection, removal, border control", "policyTool": "Non-refoulement protection / removal bar", "sourceName": "Parliament of Australia / Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/Details/C2021A00035", "preciseCitation": "Migration Amendment (Clarifying International Obligations for Removal) Act 2021 (Cth) (Act No. 35 of 2021); Migration Amendment (Clarifying International Obligations for Removal) Act 2021 (Cth), Act No. 35, 2021.; Migration Amendment (Clarifying International Obligations for Removal) Act 2021 (Act No. 36 of 2021).", "evidencePassage": "Legislation 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 C2021A00035 Amendments Schedule 1 No. 35, 2021 Migration Amendment (Clarifying International Obligations for Removal) Act 2021 3 Schedule 1—Amendments Migration Act 1958 1 After section 36 Insert: 36A Consideration of protection obligations (1) In considering a valid application for a protection visa made by a non-citizen, the Minister must consider and make a record of … Migration Amendment (Clarifying International Obligations for Removal) Act 2021 No. 35, 2021 holder) who holds a protection visa of the same class as the visa the family applicant is applying for; and (b) the family applicant’s application for a protection visa was made before the family visa holder was granted their visa; and (c) the family visa holder is a non-citizen mentioned in paragraph 36(2)(a) or (aa). 2 Section 197C (heading) Repeal the heading, substitute: 197C Relevance of Australia’s non-refoulement obligations to removal of unlawful non-citizens under section 198 3 At the end of … section 197C Add: (3) Despite subsections (1) and (2), section 198 does not require or authorise an officer to remove an unlawful non-citizen to a country if: (a) the non-citizen has made a valid application for a protection visa that has been finally determined; and (b) in the course of considering the application, a protection finding within the meaning of subsection (4), (5), (6) or (7) was made for the non-citizen with respect to the country (whether or not the visa was refused or was granted and has since been cancelled); and (c) none of the following apply: (i) the decision in which the … protection finding was made has been quashed or set aside; (ii) a decision made under subsection 197D(2) in relation to the non-citizen is complete within the meaning of subsection 197D(6); (iii) the non-citizen has asked the Minister, in writing, to be removed to the country. (4) For the purposes of subsection (3), a protection finding is made for a non-citizen with respect to a country if a record was made in relation to the non-citizen under section 36A that the Minister isAuthorised Version C2021A00035 Amendments Schedule 1 No. 35, 2021 Migration Amendment (Clarifying International Obligations", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "record-measure-b04dd53169e91dc7161cf5c0", "countryCode": "AU", "country": "Australia", "title": "Form 1008 (Internet) is an approved form for a Bridging E (Class WE) visa if the applicant does not have another pending BVE application", "policyEffect": "For a Bridging E (Class WE) visa, form 1008 (Internet) is also an approved form, subject to the condition that the applicant does not have another pending BVE application.", "operativeDate": "2021-07-01", "year": 2021, "affectedGroup": "Applicants for a bridging e (class we) visa", "materialConditionsAndExceptions": "Recorded validated scope: Migration (Arrangements for Bridging visa applications) Instrument (LIN 21/045) 2021.", "policyCategory": "Migration policy", "policyTool": "", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2021L00899/asmade/2021-06-22/text/original/pdf", "preciseCitation": "", "evidencePassage": "For a Bridging E (Class WE) visa, form 1008 (Internet) is also an approved form, if the applicant does not have another pending BVE application. … For subsection (4), an applicant has a pending BVE application if: (a) the applicant has made an application for Bridging E (Class WE) visa; and (b) the application has not been determined to be invalid, or withdrawn by the applicant; and (c) the Minister has neither granted nor refused to grant the Bridging E (Class WE) visa.", "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-07a4960532161db7b529", "countryCode": "AU", "country": "Australia", "title": "Nil VAC Concession for COVID-19-Affected Working Holiday Makers (LIN 21/043)", "policyEffect": "Introduces a nil Visa Application Charge (VAC) concession for applicants for a Subclass 417 (Working Holiday) visa or Subclass 462 (Work and Holiday) visa whose last held visa is a COVID-19 affected visa, provided they have not made a prior unfinalised or refused application for another visa of the same subclass with a nil VAC amount.", "operativeDate": "2021-07-01", "year": 2021, "affectedGroup": "Applicants for a subclass 417 (working holiday) visa or subclass 462 (work and holiday) visa whose last held visa is a covid-19 affected visa", "materialConditionsAndExceptions": "", "policyCategory": "Temporary youth / work & holiday mobility", "policyTool": "Not stated", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2021L00836/asmade/2021-06-22/text/original/pdf", "preciseCitation": "", "evidencePassage": "This section specifies a class of persons for whom the VAC amount is nil. … an applicant for a Subclass 417 (Working Holiday) visa is in the class of persons mentioned in subsection (1) if both of the following apply: (a) the applicant’s last held visa is a COVID-19 affected visa … the applicant has not made an application, for another Subclass 417 (Working Holiday) visa for which the VAC amount was nil, that: (i) is not finalised; or (ii) has been refused. … For subregulation 2.07(5) and subparagraph 1224A(2)(a)(i) of Schedule 1 to the Regulations, an applicant for a Subclass 462 (Work and Holiday) visa is in the class of persons mentioned in subsection (1) if both of the following apply: (a) the applicant’s last held visa is a COVID-19 affected visa; (b) the applicant has not made an application, for another Subclass 462 (Work and Holiday) visa for which the VAC amount was nil, that: (i) is not finalised; or (ii) has been refused.", "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-b41ab7c16dc9d7bb68f8", "countryCode": "AU", "country": "Australia", "title": "Addition of Pharmacist Occupations to the Priority Migration Skilled Occupation List (PMSOL)", "policyEffect": "Expands the Priority Migration Skilled Occupation List by adding three pharmacist occupations—Hospital Pharmacist (ANZSCO 251511), Retail Pharmacist (ANZSCO 251513), and Industrial Pharmacist (ANZSCO 251512)—granting them fast-tracked employer-sponsored visa and nomination processing to bolster Australia's vaccine rollout.", "operativeDate": "2021-07-27", "year": 2021, "affectedGroup": "Employer-sponsored skilled applicants in pharmacy occupations", "materialConditionsAndExceptions": "", "policyCategory": "Skilled labor migration / health", "policyTool": "Not stated", "sourceName": "Department of Home Affairs", "sourceUrl": "https://minister.homeaffairs.gov.au/AlexHawke/Pages/covid-19-vaccine-rollout-skilled-migration.aspx", "preciseCitation": "Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs Alex Hawke MP, Supporting Australia's COVID-19 vaccine rollout through skilled migration, Ministerial Media Release, 27 July 2021.", "evidencePassage": "Supporting Australia’s COVID-19 vaccine rollout through skilled migration Skip to navigation Skip to main content  Ministers for Home Affairs Open in a new tabOpen in this tab Loading Menu  Menu pop-up content starts  Back Search Popular searches Your previous searches pop-up content ends  Tuesday, 27 July 2021 description Media release Supporting Australia’s COVID-19 vaccine rollout through skilled migration 27 July 2021 Page Content The Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs Alex Hawke MP has today announced the inclusion of pharmacists on the Priority Migration Skilled Occupation List (PMSOL). The new occupations are (including ANZSCO codes): Hospital Pharmacist (251511) Retail Pharmacist (251513) Industrial Pharmacist (251512) “With thousands of community pharmacies across Australia being invited to join the COVID-19 vaccine rollout, it’s all hands to the pump as the COVID-19 vaccine rollout continues,” Minister Hawke said. “The Morrison Government will support pharmacies across Australia, including through skilled migration, as supply of COVID-19 vaccine doses increases over the coming weeks,” he said. This addition of three occupations brings the PMSOL to 44 in total. Priority visa processing will be given to those occupations on the PMSOL. Existing skilled migration occupation lists remain active, and all skilled migrants are subject to quarantine arrangements at their own expense. pop-up content starts Need a hand? × Cancel pop-up content ends Clickbot chat_bubble Tell us what you think of this page Last updated: 27/07/2021 12:30 PM Print this page HOME AFFAIRS PORTFOLIO PARLIAMENT OF AUSTRALIA Information publication scheme Conditions of use Web privacy statement Accessibility of this website Access to information​", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-4041a131c8d4266e9704", "countryCode": "AU", "country": "Australia", "title": "Exclusion of Non-Compliant Employers from Working Holiday Maker Extensions", "policyEffect": "Amends Subclass 417 and 462 criteria to exclude work undertaken for specified non-compliant or exploitative businesses (specified in a ministerial legislative instrument) from counting towards the 88 days or 6 months of specified work required for second or third working holiday maker visas.", "operativeDate": "2021-07-28", "year": 2021, "affectedGroup": "Working holiday makers (subclass 417/462)", "materialConditionsAndExceptions": "Validated condition or limit: Amends Subclass 417 and 462 criteria to exclude work undertaken for specified non-compliant or exploitative businesses (specified in a ministerial legislative instrument) from counting towards the 88 days or 6 months of specified work required for second or third working holiday maker visas.", "policyCategory": "Temporary migration / labor market standards", "policyTool": "Not stated", "sourceName": "Australian Government", "sourceUrl": "https://www.legislation.gov.au/Details/F2021L01030", "preciseCitation": "Federal Register of Legislation, Migration Amendment (Subclass 417 and 462 Visas) Regulations 2021 (F2021L01030), 28 July 2021.", "evidencePassage": "Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.Authorised Version F2021L01030 registered 27/07/2021 Schedule 1 Amendments 2 Migration Amendment (Subclass 417 and 462 Visas) Regulations 2021 OPC65169 - C Schedule 1—Amendments Migration Regulations 1994 1 Regulation 1.03 Insert: carried out for an excluded employer: see subregulation 1.15FB(1). 2 After regulation 1.15FA Insert: 1.15FB Work carried out for an excluded employer (1) Work was carried out … for an excluded employer if it was done: (a) for, or for the benefit of, a person, partnership or unincorporated association that was, at the time the work was done, specified in an instrument made under subregulation (2); and (b) as an employee or contractor of: (i) the person, partnership or unincorporated association; or (ii) a contractor or subcontractor of the person, partnership or unincorporated association. (2) The Minister may, by legislative instrument, specify a person, partnership or unincorporated association (the employer) if the Minister is satisfied that: (a) the employer may pose … ) of the person, partnership or unincorporated association; (c) any other information that identifies the person, partnership or unincorporated association. Note: This regulation constitutes an authorisation for the purposes of the Privacy Act 1988 and other laws (including the common law). 3 At the end of subclause 417.211(5) of Schedule 2 Add: ; and (d) the work was not carried out for an excluded employer. 4 At the end of subclause 417.211(6) of Schedule 2 Add: ; and (f) that work was not carried out for an excluded employer.Authorised Version F2021L01030 registered 27/07/2021 Amendments Schedule 1 Migration Amendment (Subclass 417 and 462 Visas) Regulations 2021 3 OPC65169 - C 5 At the end of subclause 462.218(1) of Schedule 2 Add: ; and (d) the work was not carried out for an excluded employer. 6 At the end of subclause 462.219(1) of Schedule 2 Add: ; and (f) that work was not carried out for an excluded employer. 7 In the appropriate position in Schedule 13 Insert: Part 97—Amendments made by the Migration Amendment (Subclass 417 and 462 Visas) Regulations 2021 9701 Application of amendments (1) The amendments made by Schedule 1 to the Migration Amendment (Subclass 417 and 462 … Visas) Regulations 2021 (the amending Schedule) apply in relation to any visa application made after the commencement of the amending Schedule. (2) However, to the extent that the application relates to work carried out before that commencement, paragraphs 417.211(5)(d), 417.211(6)(f), 462.218(1)(d) and 462.219(1)(f) of Schedule 2 to these Regulations (as inserted by the amending Schedule) do not apply in relation to that work.Authorised Version F2021L01030 registered 27/07/2021", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp3-d911f152095d1b811d70", "countryCode": "AU", "country": "Australia", "title": "Migration Amendment (Temporary Sponsored Parent Visas) Regulations 2021 (F2021L01029)", "policyEffect": "Amends Schedule 2 of the Migration Regulations 1994 to automatically extend Subclass 870 (Sponsored Parent (Temporary)) visas by 18 months for visa holders who were outside Australia on 1 July 2021 and impacted by pandemic border restrictions.", "operativeDate": "2021-07-30", "year": 2021, "affectedGroup": "Parents of australian citizens/permanent residents", "materialConditionsAndExceptions": "", "policyCategory": "Family reunification / temporary stay", "policyTool": "Visa validity extension", "sourceName": "Federal Register of Legislation / Department of Home Affairs", "sourceUrl": "https://www.legislation.gov.au/Details/F2021L01029", "preciseCitation": "Migration Amendment (Temporary Sponsored Parent Visas) Regulations 2021 (Cth) (F2021L01029); Migration Amendment (Temporary Sponsored Parent Visas) Regulations 2021 (Select Legislative Instrument F2021L01029).; Migration Amendment (Temporary Sponsored Parent Visas) Regulations 2021 (Cth), Select Legislative Instrument F2021L01029.", "evidencePassage": ".511(2)(b) of Schedule 2 After “held by the applicant”, insert “(other than any visa that, in accordance with subclause (2A), ceased to be in effect 18 months after the date specified under paragraph (1)(b) for the visa)”. 4 After subclause 870.511(2) of Schedule 2 Insert: (2A) If: (a) the visa is in effect on 1 July 2021; and (b) the holder of the visa is outside Australia on 1 July 2021; then, subject to subclause (3), the period of effect of the visa ends 18 months after the date specified under paragraph (1)(b) for the visa. 5 Subclause 870.511(3) of Schedule 2 Omit “earlier than the date … specified under paragraph (1)(b) for the visa”, substitute: earlier than: (a) if paragraphs (2A)(a) and (b) apply—18 months after the date specified under paragraph (1)(b) for the visa; or (b) in any other case—the date specified under paragraph (1)(b) for the visa.Authorised Version F2021L01029 registered 27/07/2021", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp3-e55264d2f483c17d877e", "countryCode": "AU", "country": "Australia", "title": "Prospective Marriage Visa Automatic Validity Extension", "policyEffect": "Amends the Migration Regulations 1994 by inserting clause 300.513 to provide an automatic extension of Subclass 300 (Prospective Marriage) visas to 31 December 2022 for visa holders who were outside Australia on 15 September 2021 and held a valid visa on that date.", "operativeDate": "2021-09-15", "year": 2021, "affectedGroup": "Subclass 300 prospective marriage visa holders outside australia", "materialConditionsAndExceptions": "", "policyCategory": "Family migration / temporary partner entrants", "policyTool": "Visa validity extension / entry flexibility", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/Details/F2021L01481", "preciseCitation": "Migration Amendment (Prospective Marriage Visas) Regulations 2021 (Select Legislative Instrument F2021L01481).", "evidencePassage": "instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.Authorised Version F2021L01481 registered 29/10/2021 Schedule 1 Amendments 2 Migration Amendment (Prospective Marriage Visas) Regulations 2021 OPC65501 - A Schedule 1—Amendments Migration Regulations 1994 1 At the end of Division 300.5 of Schedule 2 Add: 300.513 Despite clauses 300.511 and 300.512, the visa is a temporary visa permitting the holder to travel to, enter and remain in Australia until 31 December 2022 if: (a) the visa was in effect on 15 September 2021; and (b) the holder is outside Australia on 15 September 2021.Authorised Version F2021L01481 registered 29/10/2021", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-ea8f80259fc230be0083", "countryCode": "AU", "country": "Australia", "title": "Expansion of Subclass 408 COVID-19 Pandemic Event Visa work rights across all economic sectors", "policyEffect": "Temporary visa holders with work rights can access the COVID-19 Pandemic Event (Subclass 408) visa with no visa application charge for 6 or 12 months when working in any sector of the Australian economy.", "operativeDate": "2022-02-21", "year": 2022, "affectedGroup": "Temporary visa holders who were in australia prior to 21 february 2022; as well as temporary visa holders who arrive in australia after 21 february 2022 and have work rights or a job offer from a commonwealth funded aged care service at time of application.", "materialConditionsAndExceptions": "", "policyCategory": "Temporary employment / exceptional visas", "policyTool": "Program expansion / sectoral broadening", "sourceName": "minister.homeaffairs.gov.au", "sourceUrl": "https://minister.homeaffairs.gov.au/AlexHawke/Pages/enhancing-temporary-visa-settings-to-support-economic-recovery.aspx", "preciseCitation": "", "evidencePassage": "Temporary visa holders with work rights will be able to access the COVID-19 Pandemic Event (Subclass 408) visa incurring no Visa Application Charge for a period of 6 or 12 months if they work in any sector of the Australian economy. … The new arrangements will only be available for Pandemic Event visa applications made on or after 21 February 2022 … Temporary visa holders who were in Australia prior to 21 February 2022; as well as Temporary visa holders who arrive in Australia after 21 February 2022 and have work rights or a job offer from a Commonwealth funded aged care service at time of application. … Temporary visa holders working in, or intending to work in, any sector of the Australian economy including Commonwealth funded aged care will be able to apply for the Pandemic Event visa up to 90 days before their existing visa expires and then remain in Australia for up to 12 additional months if working or intending to work in a key sector (including agriculture, food processing, health care, aged care, disability care, child care, and tourism and hospitality) or 6 months if working or intending to work in any other sector.", "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "recovered-au-hong-kong-189-20220305", "countryCode": "AU", "country": "Australia", "title": "Hong Kong permanent-residence stream opened under Subclass 189", "policyEffect": "From March 5, 2022, eligible Hong Kong and British National (Overseas) passport holders could apply through the Subclass 189 Hong Kong stream. Primary applicants needed a qualifying Subclass 457, 482 or 485 visa, at least four years of continuous usual residence in Australia, and substantial compliance with relevant visa conditions. The qualifying visa ordinarily had to have been held for four years, with a specified exception for Subclass 457 visas granted on or after July 9, 2020. Other applicable visa criteria remained in force.", "operativeDate": "2022-03-05", "year": 2022, "affectedGroup": "Eligible hong kong and british national (overseas) passport holders with qualifying subclass 457, 482 or 485 visas seeking the subclass 189 hong kong stream", "materialConditionsAndExceptions": "Validated condition or limit: From March 5, 2022, eligible Hong Kong and British National (Overseas) passport holders could apply through the Subclass 189 Hong Kong stream.; Primary applicants needed a qualifying Subclass 457, 482 or 485 visa, at least four years of continuous usual residence in Australia, and substantial compliance with relevant visa conditions.; The qualifying visa ordinarily had to have been held for four years, with a specified exception for Subclass 457 visas granted on or after July 9, 2020.", "policyCategory": "Migration policy", "policyTool": "", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2021L01479/asmade/2021-10-28/text/original/pdf", "preciseCitation": "F2021L01479, Schedule 2 and commencement table", "evidencePassage": "n the visa comes into effect; and (d) ends at the end of the period of 5 years starting when the visa comes into effect.Authorised Version F2021L01479 registered 29/10/2021 Schedule 2 Pathways to permanent residence Part 1 Subclass 189 visas 6 Migration Legislation Amendment (Hong Kong) Regulations 2021 OPC65104 - B Schedule 2—Pathways to permanent residence Part 1—Subclass 189 visas Migration Regulations 1994 1 After subitem 1137(4G) of Schedule 1 Insert: Hong Kong stream (4H) Subitems (4J) to (4M) set out the requirements for: (a) an applicant (a primary HK applicant) seeking to satisfy the … primary criteria for the grant of a Subclass 189 (Skilled—Independent) visa in the Hong Kong stream; or (b) an applicant (a secondary applicant) seeking to satisfy the secondary criteria for the grant of a Subclass 189 (Skilled—Independent) visa, whose application is: (i) combined with the application of a primary HK applicant; or (ii) sought to be combined with such an application before a decision is made in relation to that application. Note: A member of the family unit of a primary HK applicant may apply for the grant of a Subclass 189 (Skilled—Independent) visa, seeking to satisfy the sec … fter 5 March 2022. (c) The applicant may be in or outside Australia, but not in immigration clearance. (d) The applicant must not nominate the Points-tested stream or the New Zealand stream. (e) A primary HK applicant: (i) must hold a Hong Kong passport or a British National (Overseas) passport; and (ii) must hold a visa to which subitem (4M) applies; and (iii) must have held that visa for at least 4 years. (f) An application by a secondary applicant may be made at the same time, and combined with, an application by a primary HK applicant. (4M) For the purposes of subparagraph (4L)(e)(ii), thi … s subitem applies to a visa that: (a) is: (i) a Subclass 457 (Temporary Work (Skilled)) visa; or (ii) a Subclass 482 (Temporary Skill Shortage) visa; or (iii) a Subclass 485 (Temporary Graduate) visa; and (b) was granted on the basis that the applicant satisfied the primary criteria for the grant of the visa; and (c) either: (i) was granted before 9 July 2020 and does not permit the holder to travel to, enter or remain in Australia after 8 July 2025; or (ii) was granted on or after 9 July 2020 and permits the holder to travel to, enter and remain in Australia during the period of 5 years start … s 1. Sections 1 to 4 and anything in this instrument not elsewhere covered by this table The day after this instrument is registered. 30 October 2021 2. Schedule 1 Immediately after the commencement of the Migration Amendment (Hong Kong Passport Holders) Regulations 2020. 9 July 2020 3. Schedule 2 Immediately after the commencement of Schedule 3 to the Migration Amendment (New Skilled Regional Visas) Regulations 2019. 5 March 2022 4. Schedule 3 5 March 2022. 5 March 2022 Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with a", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "recovered-au-hong-kong-191-20220305", "countryCode": "AU", "country": "Australia", "title": "Hong Kong regional permanent-residence stream opened under Subclass 191", "policyEffect": "From March 5, 2022, eligible Hong Kong and British National (Overseas) passport holders could apply through the Subclass 191 Hong Kong (Regional) stream. Primary applicants needed a qualifying Subclass 457, 482 or 485 visa held for at least three years, at least three years of continuous usual residence in Australia, and substantial compliance with relevant visa conditions. During the preceding three years they could not have lived, worked or studied outside designated regional areas unless within a class exempted by legislative instrument. Other applicable visa criteria remained in force.", "operativeDate": "2022-03-05", "year": 2022, "affectedGroup": "Eligible hong kong and british national (overseas) passport holders with qualifying subclass 457, 482 or 485 visas meeting the hong kong (regional) stream requirements", "materialConditionsAndExceptions": "Validated condition or limit: From March 5, 2022, eligible Hong Kong and British National (Overseas) passport holders could apply through the Subclass 191 Hong Kong (Regional) stream.; Primary applicants needed a qualifying Subclass 457, 482 or 485 visa held for at least three years, at least three years of continuous usual residence in Australia, and substantial compliance with relevant visa conditions.; During the preceding three years they could not have lived, worked or studied outside designated regional areas unless within a class exempted by legislative instrument.", "policyCategory": "Migration policy", "policyTool": "", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2021L01479/asmade/2021-10-28/text/original/pdf", "preciseCitation": "F2021L01479, Schedule 2 and commencement table", "evidencePassage": "t “or the Hong Kong stream”. 5 Subclause 189.313(1) of Schedule 2 After “Points-tested stream”, insert “or the Hong Kong stream”.Authorised Version F2021L01479 registered 29/10/2021 Pathways to permanent residence Schedule 2 Subclass 191 visas Part 2 Migration Legislation Amendment (Hong Kong) Regulations 2021 9 OPC65104 - B Part 2—Subclass 191 visas Migration Regulations 1994 6 Subitem 1139(2) of Schedule 1 Repeal the subitem, substitute: (2) Visa application charge: (a) first instalment (payable at the time the application is made): (i) for: (A) an applicant (a primary Regional Provisional a … pplicant) seeking to satisfy the primary criteria for the grant of a Subclass 191 (Permanent Residence (Skilled Regional)) visa in the Regional Provisional Visas stream; or (B) an applicant (a secondary Regional Provisional applicant) seeking to satisfy the secondary criteria for the grant of a Subclass 191 (Permanent Residence (Skilled Regional)) visa whose application is combined, or sought to be combined, with an application of a primary Regional Provisional applicant: First instalment—visas in the Regional Provisional Visas stream etc. Item Component Amount 1 Base application charge $425 2 … Additional applicant charge for an applicant who is at least 18 $210 3 Additional applicant charge for an applicant who is less than 18 $110 (ii) for: (A) an applicant (a primary HK applicant) seeking to satisfy the primary criteria for the grant of a Subclass 191 (Permanent Residence (Skilled Regional)) visa in the Hong Kong (Regional) stream; or (B) an applicant (a secondary HK applicant) seeking to satisfy the secondary criteria for the grant of a Subclass 191 (Permanent Residence (Skilled Regional)) visa whose application is combined, or sought to be combined, with an application of a pri … mary HK applicant: First instalment—visas in the Hong Kong (Regional) stream etc. Item Component Amount 1 Base application charge $4,115 2 Additional applicant charge for an applicant who is at least 18 $2,055 3 Additional applicant charge for an applicant who is less than 18 $1,030 Note 1: Regulation 2.12C explains the components of the first instalment of visa application charge and specifies the amounts of subsequent temporary application charge and non-Internet application charge. Not all of the components may apply to a particular application.Authorised Version F2021L01479 registered 29/1 … ish $4,885 2 Any other applicant Nil 7 Paragraph 1139(3)(c) of Schedule 1 Repeal the paragraph, substitute: (ba) An application by a primary Regional Provisional applicant or a secondary Regional Provisional applicant must be made on or after 16 November 2022. (bb) An application by a primary HK applicant or a secondary HK applicant: (i) must be made on or after 5 March 2022; and (ii) must not nominate the Regional Provisional Visas stream. (c) A primary Regional Provisional applicant: (i) must hold a regional provisional visa; and (ii) must have held that regional provisional visa for at leas … t 3 years. (ca) A primary HK applicant: (i) must hold a Hong Kong passport or a British National (Overseas) passport; and (ii) must hold a visa to which subitem (3A) applies; and (iii) must have held that visa for at least 3 years. 8 After subitem 1139(3) of Schedule 1 Insert: (3A) For the purposes of subparagraph (3)(ca)(ii), this subitem applies to a visa that: (a) is: (i) a Subclass 457 (Temporary Work (Skilled)) visa; or (ii) a Subclass 482 (Temporary Skill Shortage) visa; or (iii) a Subclass 485 (Temporary Graduate) visa; and (b) was granted on the basis that the applicant satisfied the p … cified in an instrument under subclause (3) in relation to the applicant. (3) The Minister may, by legislative instrument, specify an amount for the purposes of subclause (2) in relation to all applicants or different classes of applicants. (4) Subclause (1) is satisfied in relation to a copy of a notice even if the copy does not include the applicant’s tax file number within the meaning of Part VA of the Income Tax Assessment Act 1936. 191.23—Criteria for Hong Kong (Regional) stream Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 191 visa in … the Hong Kong (Regional) stream. 191.231 (1) The applicant complied substantially with the conditions to which the following visas were subject: (a) the Subclass 457 (Temporary Work (Skilled)) visa, Subclass 482 (Temporary Skill Shortage) visa or Subclass 485 (Temporary Graduate) visa held by the applicant at the time of application; (b) any subsequent bridging visa held by the applicant. (2) During the 3 years ending immediately before the date of application, the applicant did not live, work or study in a part of Australia that was not a designated regional area unless the applicant is incl … uded in a class of persons specified in an instrument under subclause (3).Authorised Version F2021L01479 registered 29/10/2021 Pathways to permanent residence Schedule 2 Subclass 191 visas Part 2 Migration Legislation Amendment (Hong Kong) Regulations 2021 13 OPC65104 - B (3) The Minister may, by legislative instrument, specify a class of persons for the purposes of subclause (2). 191.232 The applicant had been usually resident in Australia for a continuous period of at least 3 years immediately before the date of the application.Authorised Version F2021L01479 registered 29/10/2021 Schedule 2", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "au-445-general-grant-location-20220305", "countryCode": "AU", "country": "Australia", "title": "Subclass 445 grant-location flexibility extended beyond the COVID concession", "policyEffect": "From March 5, 2022, the Migration Amendment (2022 Measures No. 1) Regulations 2022 replaced clauses 445.411 and 445.412 with a rule allowing a Subclass 445 (Dependent Child) visa applicant to be in or outside Australia at the time of grant, but not in immigration clearance.", "operativeDate": "2022-03-05", "year": 2022, "affectedGroup": "Subclass 445 (dependent child) visa applicants", "materialConditionsAndExceptions": "", "policyCategory": "Family", "policyTool": "Grant location", "sourceName": "Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2022L00255/asmade/2022-03-03/text/original/pdf", "preciseCitation": "F2022L00255, section 2, Schedule 2 item 7 and Schedule 4 clause 10502(3); F2021L00136, Schedule 1 item 8.", "evidencePassage": "7 Clauses 445.411 and 445.412 of Schedule 2 Repeal the clauses, substitute: 445.411 The applicant may be in or outside Australia at the time of grant, but not in immigration clearance. … 1. The whole of this instrument 5 March 2022. 5 March 2022 … Schedule 2—Application arrangements for Subclass 445 (Dependent Child) visas … (3) The amendment of these Regulations made by item 7 of Schedule 2 to the Migration Amendment (2022 Measures No. 1) Regulations 2022 applies in relation to visa applications made before, on or after the commencement of that Schedule.", "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp3-eeebe18ad0530a57cd8c", "countryCode": "AU", "country": "Australia", "title": "Working Holiday Maker (Subclasses 417 and 462) COVID-19 Replacement Concessions", "policyEffect": "Introduces specific criteria waivers and concessions for COVID-19 affected holders of Subclass 417 (Working Holiday) and Subclass 462 (Work and Holiday) visas who were unable to enter or utilize their visas due to border closures, allowing them to apply for replacement visas without satisfying standard age or location limitations.", "operativeDate": "2022-03-05", "year": 2022, "affectedGroup": "Working holidaymakers", "materialConditionsAndExceptions": "", "policyCategory": "Admission / temporary labor mobility", "policyTool": "Visa requirement waiver / replacement visa pathway", "sourceName": "Federal Register of Legislation / Parliament of Australia", "sourceUrl": "https://www.legislation.gov.au/Details/F2022L00244", "preciseCitation": "Migration Amendment (Subclass 417 and 462 Visas) Regulations 2022 (Select Legislative Instrument No. F2022L00244); Migration Amendment (Subclass 417 and 462 Visas) Regulations 2022 (F2022L00266).; Migration Amendment (Subclass 417 and 462 Visas) Regulations 2022 (Select Legislative Instrument / Disallowable Instrument F2022L00244).", "evidencePassage": "and specified work Migration Regulations 1994 1 Regulation 1.03 (definition of COVID-19 affected visa) Repeal the definition, substitute: COVID-19 affected visa means an offshore COVID-19 affected visa or an onshore COVID-19 affected visa. 2 Regulation 1.03 Insert: offshore COVID-19 affected visa means: (a) a Subclass 417 (Working Holiday) visa, or a Subclass 462 (Work and Holiday) visa, covered by subregulation 1.15P(1); or (b) a Subclass 417 (Working Holiday) visa, or a Subclass 462 (Work and Holiday) visa, of a kind specified for the purposes of this definition by the Minister under subregulation 1.15P(2). onshore COVID-19 affected visa means: (a) a Subclass 417 (Working Holiday) visa, or a Subclass 462 (Work and Holiday) visa, covered by subregulation 1.15P(2A); or (b) a Subclass 417 (Working Holiday) visa, or a Subclass 462 (Work and Holiday) visa, of a kind specified for the purposes of this definition by the Minister under subregulation 1.15P(2B). 3 Before subregulation 1.15P(1) Insert: Offshore COVID-19 affected visas 4 Subregulation 1.15P(2) After “definition of”, insert “offshore”. 5 After subregulation 1.15P(2) Insert: Onshore COVID-19 affected visas (2A) A Subclass 417 … (Working Holiday) visa or a Subclass 462 (Work and Holiday) visa (the covered visa) is covered by this subregulation if: (a) the covered visa is granted to a person before 20 March 2020; and (b) on 20 March 2020, either: (i) the covered visa is in effect; or (ii) the person does not hold a substantive visa and the covered visa is the last substantive visa held by the person; andAuthorised Version F2022L00244 registered 04/03/2022 Amendments Schedule 1 Exceptions relating to COVID-19 affected visas and specified work Part 1 Migration Amendment (Subclass 417 and 462 Visas) Regulations 2022 3 OPC65791 - A (c) the person is in Australia on 20 March 2020; and (d) between 5 March 2022 and 31 December 2022, the person applies for a Subclass 417 (Working Holiday) visa or a Subclass 462 (Work and Holiday) visa; and (e) the person is in Australia when the application is made; and (f) if the covered visa is cancelled before the application is made—it was cancelled on the ground specified in paragraph 2.43(1)(g). (2B) The Minister may, by legislative instrument, specify kinds of Subclass 417 (Working Holiday) visas and Subclass 462 (Work and Holiday) visas for the purposes of the definition of … Subparagraphs (c)(ii) and (iia) do not apply if: (i) the application is made between 5 March 2022 and 31 December 2022; and (ii) the applicant holds or held an onshore COVID-19 affected visa; and (iii) the applicant has not been granted a Subclass 462 (Work and Holiday) visa on the basis of another application made on or after 5 March 2022. (f) Subparagraph (c)(iv) does not apply if: (i) the application is made between 5 March 2022 and 31 December 2022; and (ii) the applicant holds a bridging visa. 14 Subitem 1225(3A) of Schedule 1 After “Subclass 417 (Working Holiday) visa”, insert “other than an offshore … (3B)(c) and (ca) do not apply if the applicant holds a passport of a kind specified by the Minister in a legislative instrument made for the purposes of this subitem. (3BB) Paragraphs (3B)(c) and (ca) do not apply if: (a) the application is made between 5 March 2022 and 31 December 2022; and (b) the applicant holds or held an onshore COVID-19 affected visa; and (c) the applicant has not been granted a Subclass 417 (Working Holiday) visa on the basis of another application made on or after 5 March 2022. (3BC) Paragraph (3B)(e) does not apply if: (a) the applicant is in Australia; and (b) when entering … 1; and (c) the applicant does not need to satisfy the criteria in subclauses (5) and (6) if: (i) the application is made between 5 March 2022 and 31 December 2022; and (ii) the applicant holds or held an onshore COVID-19 affected visa; and (iii) the applicant has not been granted a Subclass 417 (Working Holiday) visa on the basis of another application made on or after 5 March 2022. 21 Subparagraph 417.211(2)(b)(ii) of Schedule 2 After “holds”, insert “(or, if paragraph (1A)(a) applies, held)”. 22 Paragraph 417.221(2)(a) of Schedule 2 Repeal the paragraph, substitute: (a) continues to satisfy … (a) the applicant holds a passport of a kind specified by the Minister in a legislative instrument made for the purposes of paragraph 1224A(3)(d) of Schedule 1; or (b) all of the following apply: (i) the application is made between 5 March 2022 and 31 December 2022; (ii) the applicant holds or held an onshore COVID-19 affected visa; (iii) the applicant has not been granted a Subclass 462 (Work and Holiday) visa on the basis of another application made on or after 5 March 2022. 26 Paragraph 462.212(b) of Schedule 2 After “holds”, insert “(or, if paragraph 1224A(3)(aaa) of Schedule 1 applies, held", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp3-f736dd0d6b0e31e230d9", "countryCode": "AU", "country": "Australia", "title": "Consolidation of Pacific Labour Mobility into the Subclass 403 PALM Stream", "policyEffect": "Amends the Migration Regulations 1994 to repeal the separate Seasonal Worker Program and Pacific Labour Scheme streams under the Subclass 403 (Temporary Work (International Relations)) visa and consolidates them into a single Pacific Australia Labour Mobility (PALM) stream for short- and long-term workers from participating Pacific Island nations and Timor-Leste.", "operativeDate": "2022-04-04", "year": 2022, "affectedGroup": "Low-/semi-skilled temporary agricultural and regional workers", "materialConditionsAndExceptions": "", "policyCategory": "Admission / temporary labor migration", "policyTool": "Stream restructuring / consolidation", "sourceName": "Federal Register of Legislation / Parliament of Australia", "sourceUrl": "https://www.legislation.gov.au/Details/F2022L00270", "preciseCitation": "Migration Amendment (Pacific Australia Labour Mobility) Regulations 2022 (Select Legislative Instrument No. F2022L00270); Migration Amendment (Pacific Australia Labour Mobility) Regulations 2022 (F2022L00466).; Migration Amendment (Pacific Australia Labour Mobility) Regulations 2022 (Disallowable Instrument F2022L00270).", "evidencePassage": "(Pacific Australia Labour Mobility) Regulations 2022 3 OPC65767 - B Part 2—Pacific Australia Labour Mobility stream Migration Regulations 1994 2 After paragraph 2.56(bab) Insert: (bac) the Subclass 403 (Temporary Work (International Relations)) visa in the Pacific Australia Labour Mobility stream; 3 Paragraph 1234(3)(b) of Schedule 1 Omit “(c), (caa) and (cac)”, substitute “(cac) and (cae)”. 4 Paragraphs 1234(3)(c), (ca), (caa) and (cab) of Schedule 1 Repeal the paragraphs. 5 After paragraph 1234(3)(cad) of Schedule 1 Insert: (cae) If: (i) an applicant is seeking to satisfy the criteria for a … 29”. 11 Subdivisions 403.26 and 403.27 of Schedule 2 Repeal the Subdivisions. 12 At the end of Division 403.2 of Schedule 2 Add: 403.29—Criteria for the Pacific Australia Labour Mobility stream Note: These criteria are only for applicants being assessed against the primary criteria for a Subclass 403 visa in the Pacific Australia Labour Mobility stream. 403.291 Each of the following applies: (a) the applicant is participating, as a worker, in the Pacific Australia Labour Mobility scheme administered by Foreign Affairs; (b) an approved sponsor has agreed to be the sponsor of the applicant and the sponsor is: (i) a temporary activities sponsor; and (ii) participating, as an employer, in the Pacific Australia Labour Mobility scheme administered by Foreign Affairs; (c) the sponsor has not withdrawn the sponsor’s agreement to be the sponsor of the applicant; (d) the sponsor has not ceased to be the sponsor of the applicant; (e) either: (i) there is no adverse information known to Immigration about the sponsor or a person associated with the sponsor; or (ii) it is reasonable to disregard any adverse information known to Immigration about the sponsor or a person associated with the sponsor; (f) the applicant: (i) is seeking to enter Australia for the purposes of the Pacific Australia Labour Mobility scheme administered by Foreign Affairs; or (ii) is in Australia and holds, or the last substantive visa held by the applicant was, a Subclass 403 visa in the Pacific Australia LabourAuthorised Version F2022L00270 registered 04/03/2022 Amendments Schedule 1 Pacific Australia Labour Mobility stream Part 2 Migration Amendment (Pacific Australia Labour Mobility) Regulations 2022 5 OPC65767 - B Mobility stream, the Seasonal Worker Program stream or the Pacific Labour Scheme stream; (g)", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-7edfa279def31d492a9f", "countryCode": "AU", "country": "Australia", "title": "Subclass 186 Age Exemption for Legacy 457 Workers (LIN 22/047)", "policyEffect": "Introduced an age exemption under LIN 22/047 for 'legacy 457 workers' transitioning to a subclass 186 visa.", "operativeDate": "2022-07-01", "year": 2022, "affectedGroup": "Legacy 457 workers applying for a subclass 186 visa", "materialConditionsAndExceptions": "", "policyCategory": "Permanent pathways & onshore renewal", "policyTool": "Delegated legislation / legislative instrument", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2022L00515/asmade/2022-03-31/text/original/pdf", "preciseCitation": "", "evidencePassage": "This instrument commences on 1 July 2022. … [2] After paragraph 6(1)(a) insert (aa) legacy 457 workers;", "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-c294cac80d71497d9e51", "countryCode": "AU", "country": "Australia", "title": "Repeal of the Australian Agriculture Worker Stream", "policyEffect": "Repeals the Australian Agriculture Worker (AAW) stream under the Subclass 403 visa, consolidating all agricultural labor mobility pathways under the Pacific Australia Labour Mobility (PALM) scheme.", "operativeDate": "2022-10-01", "year": 2022, "affectedGroup": "Agricultural guest workers", "materialConditionsAndExceptions": "", "policyCategory": "Labor migration streams", "policyTool": "Not stated", "sourceName": "Federal Register of Legislation / Australian Government", "sourceUrl": "https://www.legislation.gov.au/Details/F2022L01289", "preciseCitation": "Migration Amendment (Repeal of Australian Agriculture Worker Stream) Regulations 2022 (Disallowable Instrument F2022L01289).", "evidencePassage": "Migration Act 1958. 4 Schedules Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.Authorised Version F2022L01289 registered 30/09/2022 Schedule 1 Amendments 2 Migration Amendment (Repeal of Australian Agriculture Worker Stream) Regulations 2022 OPC66053 - B Schedule 1—Amendments Migration Regulations 1994 1 Paragraph 2.56(bab) Repeal the paragraph. 2 Subparagraph 1234(2)(a)(iia) of Schedule 1 Repeal the subparagraph. 3 Paragraph 1234(3)(b) of Schedule 1 Omit “paragraphs (cac) and”, substitute “paragraph”. 4 Paragraphs 1234(3)(cac) and (cad) of Schedule 1 Repeal the paragraphs. 5 Subitem 1234(3) of Schedule 1 (note) Omit “the Australian Agriculture Worker stream,”. 6 Subitem 1234(3D) of Schedule 1 Repeal the subitem. 7 Subdivision 403.28 of Schedule 2 Repeal the Subdivision. 8 Subclause 403.411(2B) of Schedule 2 Repeal the subclause. 9 Subclause 403.411(3) of Schedule 2 Omit “, (2B)”. 10 Clause 403.616 of Schedule 2 Repeal the clause. 11 Clause 8611 of Schedule 8 Omit “the Australian Agriculture Worker", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp3-54c7f13ab458eaf90aa6", "countryCode": "AU", "country": "Australia", "title": "Migration Amendment (Subclass 189 Visas—New Zealand Stream) Regulations 2022", "policyEffect": "Amends the Migration Regulations 1994 to restrict primary applications for Subclass 189 (Skilled - Independent) visas in the New Zealand stream so they must be made before 10 December 2022 or on or after 1 July 2023, while exempting applications made before 10 December 2022 from certain criteria.", "operativeDate": "2022-12-10", "year": 2022, "affectedGroup": "Primary nz applicants", "materialConditionsAndExceptions": "Validated condition or limit: Amends the Migration Regulations 1994 to restrict primary applications for Subclass 189 (Skilled - Independent) visas in the New Zealand stream so they must be made before 10 December 2022 or on or after 1 July 2023, while exempting applications made before 10 December 2022 from certain criteria.", "policyCategory": "Permanent residence", "policyTool": "Temporary pause / concession", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/Details/F2022L01625", "preciseCitation": "https://www.legislation.gov.au/Details/F2022L01625; https://www.legislation.gov.au/F2022L01623/asmade/2022-12-08/text/original/pdf", "evidencePassage": "The whole of this instrument 10 December 2022. … (aa) An application by a primary NZ applicant must be made: (i) before 10 December 2022; or (ii) on or after 1 July 2023. … 189.231A The applicant satisfies either or both of the following: (a) clause 189.231B; (b) clauses 189.231, 189.232, 189.233 and 189.234. 189.231B The application is made before 10 December 2022. … The amendment made by item 2 of Part 1 of Schedule 1 to the Migration Amendment (Subclass 189 Visas—New Zealand Stream) Regulations 2022 applies in relation to an application for a Subclass 189 (Skilled—Independent) visa made before 10 December 2022 if a decision has not been made to grant, or refuse to grant, the visa before that day.", "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp3-5636ff610a74b3251ef4", "countryCode": "AU", "country": "Australia", "title": "Australia opens permanent Resolution of Status pathway for TPV and SHEV holders", "policyEffect": "Australia allowed existing Temporary Protection visa and Safe Haven Enterprise visa holders to apply for permanent Resolution of Status visas, ending temporary-only protection for that cohort.", "operativeDate": "2023-02-14", "year": 2023, "affectedGroup": "Current holders", "materialConditionsAndExceptions": "Validated condition or limit: Australia allowed existing Temporary Protection visa and Safe Haven Enterprise visa holders to apply for permanent Resolution of Status visas, ending temporary-only protection for that cohort.", "policyCategory": "Humanitarian", "policyTool": "New pathway", "sourceName": "Minister for Home Affairs TPV/SHEV permanent pathway announcement", "sourceUrl": "https://minister.homeaffairs.gov.au/ClareONeil/Pages/permanent-pathway-for-tpv-holders.aspx", "preciseCitation": "Minister for Home Affairs TPV/SHEV permanent pathway announcement. Australia opens permanent Resolution of Status pathway for TPV and SHEV holders. Effective 2023-02-14.", "evidencePassage": "OPC66259 - C Schedule 1—Amendments Part 1—Amendments Migration Regulations 1994 1 Regulation 1.03 Insert: TPV/SHEV transition day means the day Schedule 1 to the Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023 commences. 2 After regulation 2.08F Insert: 2.08G Certain applications for Subclass 785 (Temporary Protection) visas and Subclass 790 (Safe Haven Enterprise) visas taken to be applications for Resolution of Status (Class CD) visas (1) For the purposes of section 45AA of the Act, despite anything else in the Act but subject to subregulations (3) and (4) of this regulation, a valid application (a pre-conversion application) for a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa made before the TPV/SHEV transition day by an applicant described in column 1 of an item of the following table is, immediately after this regulation starts to apply in relation to the application under column 2 of the item: (a) taken not to be, and never to have been, a valid application for a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa, except for the purposes of section 197C of the Act; and (b) taken to be, and always to have been, a valid application for a Resolution of Status (Class CD) visa, made by the applicant. Note 1: As a result, the Minister is required to make a decision on the pre-conversion application as if it were a valid application for a Resolution of Status (Class CD) visa. Note 2: TPV/SHEV transition day is defined in regulation 1.03. Conversion of visa applications Column 1 Column 2 Item Applicants When this regulation starts to apply 1 An applicant in relation to whom both of the following apply: (a) on the TPV/SHEV transition day, the applicant held a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa; (b) before the TPV/SHEV transition day, the Minister had not made a decision in relation to the pre-conversion application under section 65 of the Act On the TPV/SHEV transition dayAuthorised Version F2023L00099 registered 13/02/2023 Amendments Schedule 1 Amendments Part 1 Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023 3 OPC66259 - C Conversion of visa applications Column 1 Column 2 Item Applicants When this regulation starts to apply 2 An … relation to the application, in which: (a) judgment is reserved by a court as at immediately before the TPV/SHEV transition day; or (b) judgment has been delivered by a court before the TPV/SHEV transition day. 3 Subitem 1127AA(3) of Schedule 1 (at the end of the table) Add: 4 Both of the following apply: (a) the applicant holds a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa; (b) the applicant first entered Australia before the TPV/SHEV transition day At the time the application for a Resolution of Status (Class CD) visa is made, the applicant has not … made a valid application for a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa that has not been finally determined Nil 5 All of the following apply: (a) on the TPV/SHEV transition day, the applicant did not hold a Subclass 785 At the time the application for a Resolution of Status (Class CD) visa is made, the applicant has NilAuthorised Version F2023L00099 registered 13/02/2023 Schedule 1 Amendments Part 1 Amendments 6 Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023 OPC66259 - C (Temporary Protection) … visa or a Subclass 790 (Safe Haven Enterprise) visa; (b) at any time before the TPV/SHEV transition day, the applicant held a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa; (c) the Subclass 785 (Temporary Protection) visa or Subclass 790 (Safe Haven Enterprise) visa most recently held by the applicant was not cancelled; (d) since the applicant was granted the visa mentioned in paragraph (c), the applicant has not had a valid application for a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa refused and finally determined", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-d417b2c261e45eedd4e9", "countryCode": "AU", "country": "Australia", "title": "Across-the-Board Increase in Visa Application Charges (VACs)", "policyEffect": "Amends Schedule 1 of the Migration Regulations 1994 to increase Visa Application Charges across visitor, working holiday, student, and select temporary and permanent skilled visa subclasses.", "operativeDate": "2023-07-01", "year": 2023, "affectedGroup": "All visa applicants", "materialConditionsAndExceptions": "", "policyCategory": "Administrative requirements / fees", "policyTool": "Visa pricing", "sourceName": "Federal Register of Legislation / Commonwealth of Australia", "sourceUrl": "https://www.legislation.gov.au/Details/F2023L00831", "preciseCitation": "Migration Amendment (Visa Application Charges) Regulations 2023, Legislative Instrument F2023L00831 (Cth).; Migration Amendment (Visa Application Charges) Regulations 2023 (F2023L00831).", "evidencePassage": "that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.Authorised Version F2023L00831 registered 22/06/2023 Schedule 1 Amendments Part 1 Amendments 2 Migration Amendment (Visa Application Charges) Regulations 2023 OPC66483 - A Schedule 1—Amendments Part 1—Amendments Migration Regulations 1994 1 Paragraph 1104BA(2)(a) of Schedule 1 (table item 1) Omit “$3 025”, substitute “$3 310”. 2 Paragraph 1104BA(2)(a) of Schedule 1 (table item 2) Omit “$1 515”, substitute “$1 660”. 3 Paragraph 1104BA(2)(a) of Schedule 1 (table item 3) Omit “$755”, substitute “$825”. 4 Subparagraph 1104B(2)(a)(i) of Schedule 1 (table item 1) Omit “$385”, substitute “$420”. 5 Subparagraph 1104B(2)(a)(i) of Schedule 1 (table item 2) Omit “$195”, substitute “$215”. 6 Subparagraph 1104B(2)(a)(i) of Schedule 1 (table item 3) Omit “$95”, substitute “$105”. 7 Subparagraph 1104B(2)(a)(ii) of Schedule 1 (table item 1) Omit “$2 570”, substitute “$2 810”. 8 Subparagraph 1104B(2)(a)(ii) of Schedule 1 (table item 2) Omit “$1 285”, substitute “$1 405”. 9 Subparagraph … (a)(ii) of Schedule 1 (table item 3) Omit “$75”, substitute “$80”. 166 Subparagraph 1218(2)(a)(iii) of Schedule 1 (table items 1 and 2) Omit “$115”, substitute “$125”. 167 Subparagraph 1218(2)(a)(iii) of Schedule 1 (table item 3) Omit “$30”, substitute “$35”. 168 Subparagraph 1221(2)(a)(iii) of Schedule 1 (table item 1) Omit “$2 935”, substitute “$3 210”. 169 Subparagraph 1221(2)(a)(iii) of Schedule 1 (table item 2) Omit “$1 465”, substitute “$1 605”. 170 Subparagraph 1221(2)(a)(iii) of Schedule 1 (table item 3) Omit “$735”, substitute “$805”. 171 Subparagraph 1221A(2)(a)(iii) of Schedule 1 (table … 530”. 176 Subparagraph 1222(2)(a)(ii) of Schedule 1 (table item 3) Omit “$160”, substitute “$175”. 177 Subparagraph 1224A(2)(a)(ii) of Schedule 1 Omit “$510”, substitute “$635”. 178 Subparagraph 1225(2)(a)(ii) of Schedule 1 Omit “$510”, substitute “$635”. 179 Paragraph 1228(2)(a) of Schedule 1 (table item 1) Omit “$425”, substitute “$465”. 180 Paragraph 1228(2)(a) of Schedule 1 (table item 2) Omit “$210”, substitute “$230”. 181 Paragraph 1228(2)(a) of Schedule 1 (table item 3) Omit “$105”, substitute “$115”. 182 Subparagraph 1229(2)(a)(i) of Schedule 1 (table item 1) Omit “$680”, substitute “$745", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp5-603abf24f778ce7867b0", "countryCode": "AU", "country": "Australia", "title": "Phased Closure and Restriction of the Subclass 408 COVID-19 Pandemic Event Visa Stream", "policyEffect": "The Australian Government closed the Subclass 408 COVID-19 Pandemic Event visa stream to new applicants, restricted eligibility to existing holders with 28 days or less remaining on their visa, shortened subsequent stay validity to up to 6 months, and introduced a Visa Application Charge of AUD 405. Phase scope: Initial restriction phase (closure to non-holders, application fee introduced, stay reduced to 6 months) leading to total program closure on 1 February 2024.", "operativeDate": "2023-09-02", "year": 2023, "affectedGroup": "Subclass 408 applicants and current pandemic event visa holders", "materialConditionsAndExceptions": "Validated condition or limit: The Australian Government closed the Subclass 408 COVID-19 Pandemic Event visa stream to new applicants, restricted eligibility to existing holders with 28 days or less remaining on their visa, shortened subsequent stay validity to up to 6 months, and introduced a Visa Application Charge of AUD 405.; Phase scope: Initial restriction phase (closure to non-holders, application fee introduced, stay reduced to 6 months) leading to total program closure on 1 February 2024.", "policyCategory": "Temporary work and activity visas", "policyTool": "Legislative instrument / visa closure and fee amendment", "sourceName": "Study Australia / Department of Home Affairs", "sourceUrl": "https://studyaustralia.gov.au/id/tools-and-resources/news/closure-of-the-pandemic-event-visa-", "preciseCitation": "studyaustralia.gov.au, 'Closure of the Pandemic Event visa', 5 September 2023.", "evidencePassage": "Temporary Activity visa (subclass 408) Australian Government endorsed events (COVID-19 Pandemic event) – referred to as the Pandemic Event visa. What this means From 2 September 2023, the Pandemic Event visa will only be open to applications from existing Pandemic Event visa holders. Pandemic Event visa holders will be able to apply for a subsequent Pandemic Event visa after 2 September 2023 until the visa is fully closed in February 2024. Applications for the Pandemic Event visa lodged before 2 September 2023, if granted, will be considered for a period of stay in Australia of up to 12 months (or 2 years for TGV holders). If you are a Pandemic Event visa holder Your Pandemic Event visa will remain valid until it expires, or you are granted another visa. You may eligible to apply for a subsequent Pandemic Event visa of up to 6 months on or after 2 September 2023 until the visa is closed on 1 February 2024. A subsequent Pandemic Event visa application requires a Visa Application Charge (VAC) of AUD405.00 and a VAC for each family member included in the application. You can only apply for a subsequent Pandemic Event visa if, at time of application, you have 28 days or less remaining on … your current Pandemic Event visa. From 1 February 2024, the Pandemic Event visa will be closed to all applicants. For all other visa holders If you hold any other type of visa, including a student, graduate or visitor visa, you are not able to apply for the Pandemic Event visa. Why the Pandemic Event visa is closing The Pandemic Event visa was introduced in April 2020 to allow temporary migrants, including international students, to stay in Australia while COVID-19 travel restrictions were in place. Now Australia’s borders are open, the Pandemic Event visa is no longer required. The announcement", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-5068e94421fe7b622c27", "countryCode": "AU", "country": "Australia", "title": "Resolution of Status (Subclass 851) Visa Eligibility Expansion & Identity Integrity Provisions", "policyEffect": "Expands eligibility for permanent residence under the Subclass 851 (Resolution of Status) visa to additional cohorts of Temporary Protection Visa (TPV) and Safe Haven Enterprise Visa (SHEV) applicants/holders whose circumstances were omitted in earlier transition regulations (e.g., secondary applicants without independent claims, individuals whose TPV/SHEV lapsed before transition day). Also introduces integrity requirements allowing refusal or re-assessment where substantial concerns exist regarding the applicant's identity.", "operativeDate": "2023-10-19", "year": 2023, "affectedGroup": "Asylum seekers and refugees (tpv/shev cohorts)", "materialConditionsAndExceptions": "Validated condition or limit: Expands eligibility for permanent residence under the Subclass 851 (Resolution of Status) visa to additional cohorts of Temporary Protection Visa (TPV) and Safe Haven Enterprise Visa (SHEV) applicants/holders whose circumstances were omitted in earlier transition regulations (e.g., secondary applicants without independent claims, individuals whose TPV/SHEV lapsed before transition day).", "policyCategory": "Asylum and protection", "policyTool": "Delegated legislation", "sourceName": "Federal Register of Legislation / Department of Home Affairs", "sourceUrl": "https://www.legislation.gov.au/Details/F2023L01393", "preciseCitation": "Migration Amendment (Resolution of Status Visa) Regulations 2023 (F2023L01393), Explanatory Statement / Regulations.", "evidencePassage": "1994 1 Regulation 2.06A (heading) Repeal the heading, substitute: 2.06A Definitions 2 Regulation 2.06A Insert: review/court event occurs: see subregulation 2.08G(1A). 3 Subregulation 2.08G(1) (table items 1 and 2, column 1, paragraph (a)) Repeal the paragraph, substitute: (a) the applicant held a Subclass 785 (Temporary Protection) visa, or a Subclass 790 (Safe Haven Enterprise) visa, on or before the TPV/SHEV transition day; 4 Subregulation 2.08G(1) (cell at table item 2, column 2) Repeal the cell substitute: Immediately after a review/court event occurs in relation to the pre-conversion application if that event occurs on or after the TPV/SHEV transition day 5 Subregulation 2.08G(1) (table item 3, column 1) Omit “to whom all”, substitute “to whom both”. 6 Subregulation 2.08G(1) (table item 3, column 1, paragraph (b) Repeal the paragraph. 7 Subregulation 2.08G(1) (after table item 3) Insert: 3A An applicant in relation to whom both of the following apply: (a) the applicant does not hold, and has not ever held, a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa; (b) before the TPV/SHEV transition day, the Minister had not made a decision in relation to the pre-conversion application under section 65 of the Act When the Minister makes a record, on or after the TPV/SHEV transition day, that the Minister is satisfied: (a) that the applicant is a member of the same family unit as another person; and (b) that the other person satisfies the criterion mentioned in paragraph 36(2)(a) or (aa) of the Act; and (c) that: (i) if the pre-conversion application is for a SubclassAuthorised Version F2023L01393 registered 18/10/2023 Amendments relating to certain visa applications Schedule 1 Migration Amendment (Resolution of Status Visa) Regulations … 2023 3 OPC66581 - A 785 (Temporary Protection) visa—the applicant would satisfy the criteria for the grant of the Subclass 785 (Temporary Protection) visa if it were assumed that the other person held a visa of that kind; or (ii) if the pre-conversion application is for a Subclass 790 (Safe Haven Enterprise) visa—the applicant would satisfy the criteria for the grant of the Subclass 790 (Safe Haven Enterprise) visa if it were assumed that the other person held a visa of that kind 8 Subregulation 2.08G(1) (table item 4, column 1, paragraph (b)) Repeal the paragraph. 9 Subregulation 2.08G(1) (table item 4, column 1, paragraph (d)) Repeal the paragraph, substitute: (d) on or after the TPV/SHEV transition day, a review/court event occurs in relation to the pre-conversion application 10 Subregulation 2.08G(1) (at the end of the table) Add: 5 An applicant in relation to whom all of the following apply: (a) the applicant does not hold, and has not ever held, a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa; (b) before the TPV/SHEV transition day, the Minister had made a decision in relation to the pre-conversion application to refuse to grant the visa under section 65 of the Act; (c) on or after the TPV/SHEV transition day, a review/court event occurs in relation to the pre-conversion application When the Minister makes a record, after the review/court event occurs in relation to the pre-conversion application, that the Minister is satisfied: (a) that the applicant is a member of the same family unit as another person; and (b) that the other person satisfies the criterion mentioned in paragraph 36(2)(a) or (aa) of the Act; and (c) that: (i) if the pre-conversion application is for a Subclass 785 (Temporary Protection) visa—the applicant … would satisfy the criteria for the grant of the Subclass 785 (Temporary Protection) visa if it were assumed that the other person held a visa of that kind; or (ii) if the pre-conversionAuthorised Version F2023L01393 registered 18/10/2023 Schedule 1 Amendments relating to certain visa applications 4 Migration Amendment (Resolution of Status Visa) Regulations 2023 OPC66581 - A application is for a Subclass 790 (Safe Haven Enterprise) visa—the applicant would satisfy the criteria for the grant of the Subclass 790 (Safe Haven Enterprise) visa if it were assumed that the other person held a visa of … application. 13 Subitem 1127AA(3) of Schedule 1 (after table item 4) Insert: 4A All of the following apply: (a) on the TPV/SHEV transition day, the applicant held a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa; (b) on or after that day, that visa ceased to be in effect (other than because the visa was cancelled); (c) since the applicant was granted that visa, the applicant has not had a valid application for a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) At the time the application for a Resolution of Status (Class … and 785.228(2)(b) of Schedule 2 Omit “or a Resolution of Status (Class CD) visa”. 16 Paragraphs 790.221(3)(b) and 790.228(2)(b) of Schedule 2 Omit “or a Resolution of Status (Class CD) visa”.Authorised Version F2023L01393 registered 18/10/2023 Schedule 2 Amendments relating to the identity of certain visa applicants 6 Migration Amendment (Resolution of Status Visa) Regulations 2023 OPC66581 - A Schedule 2—Amendments relating to the identity of certain visa applicants Migration Regulations 1994 1 At the end of Subdivision 851.22 of Schedule 2 Add: 851.228 (1) This clause applies in relation to", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "repair-fcp5-747ff5506a56c3c61d83", "countryCode": "AU", "country": "Australia", "title": "Expanded visa cancellation ground for concealed biosecurity goods", "policyEffect": "Expanded discretionary cancellation grounds for specified visitor, student and temporary-work visas to include reasonably suspected contraventions of subsection 186A(1) of the Biosecurity Act 2015 concerning concealed conditionally non-prohibited goods.", "operativeDate": "2023-11-01", "year": 2023, "affectedGroup": "Holders of specified visitor, student and temporary-work visas", "materialConditionsAndExceptions": "", "policyCategory": "Border enforcement & visa cancellation", "policyTool": "Delegated legislation / regulations (f2023l01443)", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2023L01443/asmade/text", "preciseCitation": "Expanded visa cancellation ground for concealed biosecurity goods", "evidencePassage": "strument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.Authorised Version F2023L01443 registered 31/10/2023 Schedule 1 Amendments 2 Migration Amendment (Biosecurity Contravention) Regulations 2023 OPC66450 - A Schedule 1—Amendments Migration Regulations 1994 1 Paragraph 2.43(1)(s) After “128(2),”, insert “186A(1),”. 2 In the appropriate position in Schedule 13 Insert: Part 120—Amendment made by the Migration Amendment (Biosecurity Contravention) Regulations 2023 12001 Op … convenient to be prescribed, for carrying out or giving effect to the Migration Act. Subparagraph 116(1)(g) of the Migration Act provides that the Minister may cancel a visa if he or she is satisfied that a prescribed ground for cancelling a visa applies to the holder, except if there exists a prescribed circumstance in which a visa cannot be cancelled. The Migration Amendment (Biosecurity Contravention) Regulations 2023 (the Amendment Regulations) amends the Migration Regulations 1994 (the Migration Regulations) to expand the grounds for the cancellation of visas where the Minister or a dele … gate reasonably believes that a visa holder has contravened provisions under the Biosecurity Act 2015 (the Biosecurity Act), to include contravention of new subsection 186A(1) of the Biosecurity Act. The Biosecurity Act provides the regulatory framework for the management of diseases and pests entering Australia that may cause harm to human, animal or plant health or the environment. Contraventions of the Biosecurity Act pose a serious threat to Australia’s economy, agricultural sector, animal, plant, human health and the environment. Under the Migration Amendment (Biosecurity Contraventions a … nd Importation of Objectionable Goods) Regulations 2019, the cancellation ground under subparagraph 2.43(1)(s) was introduced. This ground gives the decision-maker the power to cancel a specified visa (visitor, student and temporary work visas) where it is reasonably believed that the holder has contravened subsections 126(2), 128(2), 532(1) or 533(1) of the Biosecurity Act. The purpose of this amendment was to strengthen compliance tools available to deter and respond to behaviour that is in contravention of Australia’s biosecurity laws. On 6 December 2022, the Biosecurity Act was amended to … rised Version F2023L01443 registered 31/10/2023 Authorised Version F2023L01443 registered 31/10/2023 Migration Amendment (Biosecurity Contravention) Regulations 2023 1 OPC66450 - A 1 Name This instrument is the Migration Amendment (Biosecurity Contravention) Regulations 2023. 2 Commencement (1) Each provision of this instrument specified in column 1 of the table commences, or is taken to have commenced, in accordance with column 2 of the table. Any other statement in column 2 has effect according to its terms. Commencement information Column 1 Column 2 Column 3 Provisions Commencement Date/Det … ails 1. The whole of this instrument The day after this instrument is registered. 1 November 2023 Note: This table relates only to the provisions of this instrument as originally made. It will not be amended to deal with any later amendments of this instrument. (2) Any information in column 3 of the table is not part of this instrument. Information may be inserted in this column, or information in it may be edited, in any published version of this instrument. 3 Authority This instrument is made under the Migration Act 1958. 4 Schedules Each instrument that is specified in a Schedule to this in", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp3-2861333ddb91179043a3", "countryCode": "AU", "country": "Australia", "title": "Enactment of Mandatory Bridging Visa Conditions Regime (Post-NZYQ)", "policyEffect": "Established stringent conditions and criminal offense provisions on Subclass 070 (Bridging R / Removal Pending) visas granted to non-citizens who cannot be removed in the reasonably foreseeable future following the High Court's NZYQ judgment, including mandatory curfews, electronic monitoring, and reporting obligations.", "operativeDate": "2023-11-18", "year": 2023, "affectedGroup": "Non-citizens facing removal / nzyq cohort", "materialConditionsAndExceptions": "", "policyCategory": "Visa conditions / post-entry control", "policyTool": "Mandatory visa conditions", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/Details/C2023A00093", "preciseCitation": "Migration Amendment (Bridging Visa Conditions) Act 2023 (Act No. 93 of 2023) and Migration Amendment (Bridging Visa Conditions) Regulations 2023, Federal Register of Legislation.; Migration Amendment (Bridging Visa Conditions) Act 2023 (Act No. 93, 2023).", "evidencePassage": "Subdivision AF of Division 3 of Part 2 Add:Authorised Version C2023A00093 Schedule 1 Amendments of the Act 4 Migration Amendment (Bridging Visa Conditions) Act 2023 No. 93, 2023 76A Cessation by operation of law of certain bridging visas etc. (1) This section applies if: (a) a non-citizen holds a Subclass 070 (Bridging (Removal Pending)) visa (the first visa) immediately before the commencement of this section; and (b) the first visa was granted to the non-citizen without an application for the first visa being made by the non-citizen; and (c) the first visa was granted during the period that: (i) starts at the start of 8 November 2023; and (ii) ends immediately before the commencement of this section; and (d) at the time the first visa was granted, there was no real prospect of the removal of the non-citizen from Australia becoming practicable in the reasonably foreseeable future. (2) Despite any other provision of this Act or the regulations, the first visa ceases to be in effect immediately after the commencement of this section. Note: The visa period for the first visa ends when it ceases to be in effect under this subsection. (3) Despite any other provision of this Act or the … regulations: (a) the non-citizen is taken, immediately after the first visa ceases to be in effect under subsection (2), to have been granted another Subclass 070 (Bridging (Removal Pending)) visa (the second visa); and (b) the second visa is taken to come into effect as soon as it is taken to be granted under paragraph (a) of this subsection. Note: The visa period for the second visa begins when it is taken to be granted. (4) This Act and the regulations apply, after the commencement of this section, in relation to the second visa in the same way as they would apply in relation to a Subclass … 070 (Bridging (Removal Pending)) visa granted under the regulations. (5) Without limiting subsection (4), the following provisions of the regulations, as in force at the time the second visa is taken to be granted under paragraph (3)(a), apply in relation to the second visa:Authorised Version C2023A00093 Amendments of the Act Schedule 1 No. 93, 2023 Migration Amendment (Bridging Visa Conditions) Act 2023 5 (a) a provision specifying when a Subclass 070 (Bridging (Removal Pending)) visa is in effect; (b) a provision prescribing that a Subclass 070 (Bridging (Removal Pending)) visa permits the … visa holder to remain in Australia; (c) a provision specifying the mandatory conditions to which a Subclass 070 (Bridging (Removal Pending)) visa that is taken to be granted under paragraph (3)(a) is subject. 76B Offence relating to monitoring conditions of certain bridging visas (1) A person commits an offence if: (a) the person holds a Subclass 070 (Bridging (Removal Pending)) visa; and (b) at the time the visa was granted, there was no real prospect of the removal of the person from Australia becoming practicable in the reasonably foreseeable future; and (c) the visa is subject to a monitoring condition; and (d) the person fails to comply with a requirement of the monitoring condition. Note: Section 4K of the Crimes Act 1914, which deals with continuing and multiple offences, applies to this offence. Penalty: 5 years imprisonment or 300 penalty units, or both. (2) Subsection (1) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code). (4) In this section: monitoring condition is a mandatory condition that: (a) requires the holder of a Subclass 070 … (Bridging (Removal Pending)) visa to do any of the following things: (i) to notify the Minister or Department of specified matters within a specified period or before or by a specified day;Authorised Version C2023A00093 Schedule 1 Amendments of the Act 6 Migration Amendment (Bridging Visa Conditions) Act 2023 No. 93, 2023 (ii) to report at a specified time or times, and at a specified place or in a specified manner; (iii) to attend at a specified place, on a specified day and at a specified time; and (b) is not a prescribed condition. 76C Offence relating to requirement to remain at notified … address (1) A person commits an offence if: (a) the person holds a Subclass 070 (Bridging (Removal Pending)) visa; and (b) the visa is subject to a condition requiring the person to remain, between certain times of a day, at a particular address for the person for the day; and (c) the person fails to comply with the requirement of the condition. Penalty: 5 years imprisonment or 300 penalty units, or both. (2) Subsection (1) does not apply if the person has a reasonable excuse. Note: A defendant bears an evidential burden in relation to the matter in this subsection (see subsection 13.3(3) of the Criminal Code). 76D Offences relating to monitoring device and related monitoring equipment Requirement to wear monitoring device at all times (1) A person commits an offence if: (a) the person holds a Subclass 070 (Bridging (Removal Pending)) visa; and (b) the visa is subject to a condition requiring the person to wear a monitoring device at all times; and (c) the person fails to comply with the requirement of the condition. Penalty: 5 years imprisonment or 300 penalty units, or both.Authorised Version C2023A00093 Amendments of the Act Schedule 1 No. 93, 2023 Migration Amendment (Bridging", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp3-7eab6cd6891eeb445398", "countryCode": "AU", "country": "Australia", "title": "Expanded Permanent Residence Pathways under Temporary Residence Transition (TRT) Stream", "policyEffect": "Expands pathways to permanent residence for Temporary Skill Shortage (TSS) Subclass 482 and Subclass 457 visa holders under the Employer Nomination Scheme (ENS) Subclass 186 and RSMS Subclass 187 TRT streams. Reduces the required employer sponsorship period from 3 years in 4 years to 2 years in 3 years, removes the requirement for occupations to be on the Medium and Long-term Strategic Skills List (MLTSSL) for TRT, and removes the limit on onshore Short-Term stream Subclass 482 visa renewals.", "operativeDate": "2023-11-25", "year": 2023, "affectedGroup": "Temporary skilled visa holders (subclasses 482 and 457)", "materialConditionsAndExceptions": "Validated condition or limit: Reduces the required employer sponsorship period from 3 years in 4 years to 2 years in 3 years, removes the requirement for occupations to be on the Medium and Long-term Strategic Skills List (MLTSSL) for TRT, and removes the limit on onshore Short-Term stream Subclass 482 visa renewals.", "policyCategory": "Labor migration and permanent residency", "policyTool": "Delegated legislation", "sourceName": "Department of Home Affairs / Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/Details/F2023L01543", "preciseCitation": "Migration Amendment (Expanding Access to Temporary Residence Transition Stream) Regulations 2023 (F2023L01543) / LIN 23/078.", "evidencePassage": ")(e) or paragraph 5.19(5)(f) or (g) (as applicable) or any requirement for a different period of time specified for the applicant in an instrument made under subregulation 5.19(6)”, substitute “the requirement in paragraph 5.19(5)(e), or in paragraph 5.19(5)(f) or (g) (as applicable)”. 2 Subparagraphs 5.19(5)(a)(i) to (vi) Repeal the subparagraphs, substitute: (i) a Subclass 457 (Temporary Work (Skilled)) visa; or (ii) a Subclass 482 (Temporary Skill Shortage) visa; or (iii) if the last substantive visa held by the identified person was a visa mentioned in subparagraph (i) or (ii)—a bridging visa granted on the basis that the person is an applicant for a visa mentioned in subparagraph (i) or (ii), a Subclass 186 (Employer Nomination Scheme) visa or a Subclass 187 (Regional Sponsored Migration Scheme) visa; 3 Paragraph 5.19(5)(c) Repeal the paragraph. 4 Paragraph 5.19(5)(e) Omit “4 years”, substitute “3 years”. 5 Paragraph 5.19(5)(e) Omit “3 years”, substitute “2 years”. 6 Subparagraphs 5.19(5)(e)(i) to (iii) Repeal the subparagraphs, substitute: (i) a Subclass 457 (Temporary Work (Skilled)) visa; (ii) a Subclass 482 (Temporary Skill Shortage) visa; 7 Paragraph 5.19(5)(f) Omit “4 years”, substitute “3 years”. 8 Subparagraph 5.19(5)(f)(i) Omit “3 years”, substitute “2 years”. 9 Paragraph 5.19(5)(g) Omit “4 years”, substitute “3 years”. 10 Paragraph 5.19(5)(g) Omit “3 years”, substitute “2 years”.Authorised Version F2023L01543 registered 24/11/2023 Amendments Schedule 1 Migration Amendment (Expanding Access to Temporary Residence Transition Stream) Regulations 2023 3 OPC66688 - A 11 Subparagraph 5.19(5)(h)(i) Repeal the subparagraph, substitute: (i) was the standard business sponsor, or the party to a work agreement, who last identified the identified person in a nomination", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-616bd9787cda6f91f672", "countryCode": "AU", "country": "Australia", "title": "Community Safety Order Scheme & Enhanced Bridging Visa Monitoring Measures", "policyEffect": "Enacts amendments to the Migration Regulations 1994 regarding Subclass 070 (Bridging (Removal Pending)) visas, updating conditions, application rules, and introducing a 12-month period for specific monitoring and curfew conditions.", "operativeDate": "2023-12-08", "year": 2023, "affectedGroup": "Subclass 070 (bridging (removal pending)) visa holders and eligible non-citizens", "materialConditionsAndExceptions": "", "policyCategory": "Border enforcement and detention", "policyTool": "Primary legislation", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2023L01629/asmade/2023-12-07/text/original/pdf", "preciseCitation": "", "evidencePassage": "If one or more of the following conditions are imposed on a Subclass 070 (Bridging (Removal Pending)) visa granted to a non-citizen, the visa is subject to those conditions for a period of 12 months from the day the visa is granted: (a) condition 8617; (b) condition 8618; (c) condition 8620; (d) condition 8621. … Regulation 2.25AE, as inserted by that Part, applies in relation to a visa granted before, on or after the commencement of that Part.", "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "repair-fcp-975805df22b3b79e0552", "countryCode": "AU", "country": "Australia", "title": "Removal of mandatory Workforce Australia advertising for labour market testing", "policyEffect": "Removed the mandatory requirement to advertise nominated positions on Workforce Australia as part of labour market testing for subclass 482 and 494 nominations.", "operativeDate": "2023-12-11", "year": 2023, "affectedGroup": "Sponsoring employers and subclass 482 and 494 nominees", "materialConditionsAndExceptions": "Validated condition or limit: Removed the mandatory requirement to advertise nominated positions on Workforce Australia as part of labour market testing for subclass 482 and 494 nominations.", "policyCategory": "Labour migration / employer compliance", "policyTool": "Labour market testing (lmt) rules", "sourceName": "Federal Register of Legislation / Department of Home Affairs", "sourceUrl": "https://www.legislation.gov.au/F2023L01643/asmade/text", "preciseCitation": "Removal of mandatory Workforce Australia advertising for labour market testing", "evidencePassage": "e Migration Act; and evidence that LMT has occurred under subsection 140GBA(6A) of the Migration Act for the purposes of subparagraph 140GBA(3)(b)(i) of the Migration Act. 8 The purpose of LIN 23/072 is to amend LIN 18/036 to streamline the LMT requirements by updating the manner in which LMT in relation to a nominated position must be undertaken. 9 In particular, LIN 23/072 removes the requirement in current paragraph 8(3)(a) of the principal instrument to advertise the nominated position on the Workforce Australia website (www.workforceaustralia.gov.au). The methods specified in current subp … 018 is amended as set out in Schedule 1 to the instrument. 20 Item 1 of Schedule 1 to the instrument repeals and substitutes subsection 8(3) of LIN 18/036. It removes the mandatory requirement to advertise nominated positions on the Workforce Australia website (www.workforceaustralia.gov.au). 21 Item 2 of Schedule 1 to the instrument amends LIN 18/036 to insert new subsections 8(6) and (7). It allows for a continuing length of time that LMT is being carried out and continues unbroken for a minimum four week period across two or more overlapping advertisements where applications or expressions … 8/036: Period, manner and evidence of labour market testing) Amendment (LIN 23/072) Determination 2023 (LIN 23/072) apply in relation to a nomination made by a person under subsection 140GB of the Migration Act 1958, where the nomination:Authorised Version F2023L01643 registered 10/12/2023 Migration (LIN 18/036: Period, manner and evidence of labour market testing) Amendment (LIN 23/072) Determination 2023 3 (a) is made on or after the commencement of LIN 23/072; or (b) was made but not decided before the commencement of LIN 23/072.Authorised Version F2023L01643 registered 10/12/2023 … Migration (LIN 18/036: Period, manner and evidence of labour market testing) Amendment (LIN 23/072) Determination 2023 I, Andrew Giles, Minister for Immigration, Citizenship and Multicultural Affairs, make the following determination. Dated 8 December 2023 Andrew Giles Minister for Immigration, Citizenship and Multicultural AffairsAuthorised Version F2023L01643 registered 10/12/2023 Authorised Version F2023L01643 registered 10/12/2023 Migration (LIN 18/036: Period, manner and evidence of labour market testing) Amendment (LIN 23/072) Determination 2023 i Contents 1 Name ........................ … vidence of labour market testing) Instrument 2018 2Authorised Version F2023L01643 registered 10/12/2023 Authorised Version F2023L01643 registered 10/12/2023 Migration (LIN 18/036: Period, manner and evidence of labour market testing) Amendment (LIN 23/072) Determination 2023 1 1 Name This instrument is the Migration (LIN 18/036: Period, manner and evidence of labour market testing) Amendment (LIN 23/072) Determination 2023. 2 Commencement This instrument commences on the day after the instrument is registered. 3 Authority This instrument is made under the Migration Act 1958. 4 Schedules Each i", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp3-113dfff26ad15e89d6f4", "countryCode": "AU", "country": "Australia", "title": "Closure of COVID-19 Pandemic Event Stream (Subclass 408)", "policyEffect": "Repeals instrument specifying the COVID-19 Pandemic event stream under the Subclass 408 Temporary Activity visa, formally shutting down the Pandemic event visa to all new applications.", "operativeDate": "2024-02-01", "year": 2024, "affectedGroup": "Temporary visa holders / pandemic entrants", "materialConditionsAndExceptions": "", "policyCategory": "Visa cancellation / stream closure", "policyTool": "Instrument repeal (lin 24 / 003)", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2024L00100/latest/text", "preciseCitation": "Migration (COVID-19 Pandemic event for Temporary Activity (Subclass 408) visa) Repeal Instrument (LIN 24/003) 2024 (F2024L00100).", "evidencePassage": "13, to the Migrations Regulations 1994. 4 Schedules Each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.Authorised Version F2024L00100 registered 24/01/2024 2 Migration (COVID-19 Pandemic event for Temporary Activity (Subclass 408) visa) Repeal Instrument (LIN 24/003) 2024 Schedule 1—Repeals Migration (COVID-19 Pandemic event for Temporary Activity (Subclass 408) visa) Instrument (LIN 22/046) 2022 1 The whole of the instrument Repeal the instrument.Authorised Version F2024L00100 registered 24/01/2024", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp5-549f38240b46a3613cfe", "countryCode": "AU", "country": "Australia", "title": "Increased English Language Requirements for Student and Temporary Graduate Visas", "policyEffect": "Raised the minimum English language score requirements and reduced the test certificate validity window for Student (Subclass 500) and Temporary Graduate (Subclass 485) visa applicants. For Subclass 500, the baseline IELTS requirement increased from 5.5 to 6.0 (packaged ELICOS from 4.5 to 5.0). For Subclass 485, minimum IELTS increased from 6.0 to 6.5 (with at least 5.5 in each component) and the test validity window was reduced from 3 years to 1 year. Phase scope: Applies to all Student and Temporary Graduate visa applications lodged on or after 23 March 2024.", "operativeDate": "2024-03-23", "year": 2024, "affectedGroup": "International students and temporary graduate visa applicants", "materialConditionsAndExceptions": "Validated condition or limit: Raised the minimum English language score requirements and reduced the test certificate validity window for Student (Subclass 500) and Temporary Graduate (Subclass 485) visa applicants.; For Subclass 500, the baseline IELTS requirement increased from 5.5 to 6.0 (packaged ELICOS from 4.5 to 5.0).; For Subclass 485, minimum IELTS increased from 6.0 to 6.5 (with at least 5.5 in each component) and the test validity window was reduced from 3 years to 1 year.; Phase scope: Applies to all Student and Temporary Graduate visa applications lodged on or after 23 March 2024.", "policyCategory": "International education / temporary entry", "policyTool": "Language proficiency standards", "sourceName": "studyaustralia.gov.au", "sourceUrl": "https://studyaustralia.gov.au/ko/tools-and-resources/news/english-language-requirements-changes", "preciseCitation": "Study Australia / Department of Home Affairs, 'English Language Requirements changes', 25 March 2024", "evidencePassage": "requirements for Student and Temporary Graduate visas. Home chevron_right Tools and resources chevron_right keyboard_return News chevron_right English Language Requirements changes 25 March 2024 share공유하다 mail이메일 print인쇄 As announced in the Migration Strategy released on 11 December 2023, the Australian Government has made changes to English language requirements for Student and Temporary Graduate visas. The new English language requirements apply to all Student and Temporary Graduate visa applications lodged on and after the 23 March 2024. How have the English language requirements changed? … Student Visas The minimum test score for a Student visa has increased from International English Language Testing System (IELTS) score 5.5 to 6.0 (or equivalent). The minimum test score for students undertaking an English Language Intensive Course for Overseas Students (ELICOS) course before their main course of study has increased from IELTS score 4.5 to 5.0 (or equivalent). The minimum test score required for students undertaking university foundation or pathway programs that deliver reputable English language training is IELTS 5.5 (or equivalent). These recognised courses will be listed on … the Department of Home Affairs website. For students studying English only through ELICOS, full time school students, secondary exchange students, and postgraduate research students, there is no change. Temporary Graduate visas (TGV) The minimum test score required for a Temporary Graduate visa has increased from IELTS score 6.0 to 6.5 (or equivalent), with a minimum score of 5.5 for each component of the test (reading, writing, speaking, and listening). Passport holders from Hong Kong and British National Overseas (BNO) are not required to meet this increased minimum English language requirement. The settings for this cohort remains at IELTS 6.0 (or equivalent), with a minimum score of 5.0 for each component of the test (reading, writing, speaking and listening). Applicants must provide evidence that they have completed an English Language test, meeting these requirements, no more than one year immediately before the date of the visa application. Why have English language requirements changed? The new English language requirements will support you to have a positive student experience in Australia and, if you choose to apply for a graduate visa, support you to succeed in the Australian", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "repair-fcp3-5b6b541d31f652e0f580", "countryCode": "AU", "country": "Australia", "title": "Commencement of statutory visa pre-application ballot framework", "policyEffect": "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.", "operativeDate": "2024-03-29", "year": 2024, "affectedGroup": "Applicants for visa classes subject to prescribed ballot criteria", "materialConditionsAndExceptions": "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.", "policyCategory": "Regional agreements & permanent settlement", "policyTool": "Ballot / quota mechanism", "sourceName": "Federal Register of Legislation / Parliament of Australia", "sourceUrl": "https://www.legislation.gov.au/C2023A00086/asmade/text", "preciseCitation": "Commencement of statutory visa pre-application ballot framework", "evidencePassage": "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", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-f6711cb1d452b415c1f9", "countryCode": "AU", "country": "Australia", "title": "Ministerial Direction No. 110: Character Test Visa Refusal and Cancellation Framework", "policyEffect": "Direction No. 110 was executed pursuant to section 499 of the Migration Act 1958, revoking Ministerial Direction No. 99. The direction reformed the mandatory assessment framework for delegates and tribunals deciding visa refusals, cancellations, and revocation of mandatory cancellations under sections 501 and 501CA. It elevated the protection and safety of the Australian community to the primary consideration of highest priority, alongside increased weighting against family violence and serious crimes.", "operativeDate": "2024-06-21", "year": 2024, "affectedGroup": "Non-citizens subject to section 501 character scrutiny", "materialConditionsAndExceptions": "", "policyCategory": "Border control / deportation / character enforcement", "policyTool": "Not stated", "sourceName": "homeaffairs.gov.au", "sourceUrl": "https://immi.homeaffairs.gov.au/support-subsite/files/ministerial-direction-110.pdf?ref=onenewsaustralia.com", "preciseCitation": "Minister for Immigration, Citizenship and Multicultural Affairs, Direction No. 110: Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA, 7 June 2024.", "evidencePassage": "DIRECTION NO. 110 MIGRATION ACT 1958 DIRECTION UNDER SECTION 499 Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA I, Andrew Giles, Minister for Immigration, Citizenship and Multicultural Affairs, give this Direction under section 499 of the Migration Act 1958. Dated 7 June 2024 Minister for Immigration, Citizenship and Multicultural Affairs Part 1. Preliminary 1. Name of Direction This Direction is 'Direction no. 110 — Visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA'. It may be cited as Direction no. 110. 2. Commencement This Direction commences on 21 June 2024. 3. Revocation Direction no. 99, given under section 499 of the Migration Act 1958 (the Act) and commenced on 3 March 2023, is revoked with effect from the date this Direction commences. Page 1 of 24 4. Interpretation Note 1: A number of expressions used in this Direction are defined in section 5 of the Act, including immigration detention, minor, non­ citizen, remove, substantive visa, visa applicant, visa holder. Note 2: The following expressions have the same meaning as in the Act … another reason to revoke the cancellation given the specific circumstances of the case. (4) The purpose of this Direction is to guide decision-makers in performing functions or exercising powers under section 501 and 501CA of the Act. Under section 499(2A) of the Act, such decision-makers must comply with a direction made under section 499. 5.2. Principles The principles below provide the framework within which decision-makers should approach their task of deciding whether to refuse or cancel a non-citizen's visa under section 501, or whether to revoke a mandatory cancellation under section 50 ICA. … The factors (to the extent relevant in the particular case) that must be considered in making a decision under section 501 or section 501CA of the Act are identified in Part 2. (1) Australia has a sovereign right to determine whether non-citizens who are of character concern are allowed to enter and/or remain in Australia. Being able to come to or remain in Australia is a privilege Australia confers on non-citizens in the expectation that they are, and have been, law-abiding, will respect important institutions, such as Australia's law enforcement framework, and will not cause or threaten harm to individuals or the Australian community. (2) The safety of the Australian Community is the highest priority of the Australian Government. (3) Non-citizens who engage or have engaged in criminal or other serious conduct should expect to be denied the privilege of coming to, or to forfeit the privilege of staying in, Australia. (4) The Australian community expects that the Australian Government can and should refuse entry to non-citizens, or cancel their visas, if they engaged in conduct, in Australia or elsewhere, that raises serious character concerns. This expectation of the Australian community … applying the considerations (both primary and other), information and evidence from independent and authoritative sources should be given appropriate weight. (2) The primary consideration at 8.1 below (protection of the Australian community) is generally to be given greater weight than other primary considerations. Otherwise, primary considerations should generally be given greater weight than the other considerations. (3) One or more primary considerations may outweigh other primary considerations. 8. Primary considerations In making a decision under section 501(1), 501(2) or 501CA(4), the following are primary considerations: (1) protection of the Australian community from criminal or other serious conduct; (2) whether the conduct engaged in constituted family violence; (3) the strength, nature and duration of ties to Australia; (4) the best interests of minor children in Australia; (5) expectations of the Australian community. Page 5 of 24 8.1. Protection of the Australian community (1) When considering protection of the Australian community, decision-makers should keep in mind that the safety of the Australian community is the highest priority of the Australian Government. To that", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp3-cc26ad930002e4c70c3b", "countryCode": "AU", "country": "Australia", "title": "Enhanced Labour Market Mobility and Extended Work Cessation Period", "policyEffect": "Amends visa conditions (such as 8107, 8607, and 8608) to provide holders of Subclasses 457, 482 (Temporary Skill Shortage), and 494 visas up to 180 consecutive days (and up to 365 cumulative days across the visa term) to cease employment with their sponsor without breaching conditions, allowing them to work for other employers or in different occupations while seeking a new sponsor.", "operativeDate": "2024-07-01", "year": 2024, "affectedGroup": "Temporary skilled migrant workers", "materialConditionsAndExceptions": "Validated condition or limit: Amends visa conditions (such as 8107, 8607, and 8608) to provide holders of Subclasses 457, 482 (Temporary Skill Shortage), and 494 visas up to 180 consecutive days (and up to 365 cumulative days across the visa term) to cease employment with their sponsor without breaching conditions, allowing them to work for other employers or in different occupations while seeking a new sponsor.", "policyCategory": "In-country work rights / post-entry flexibility", "policyTool": "Visa conditions amendment (conditions 8107, 8607, 8608)", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2024L00776/latest/text", "preciseCitation": "Migration Amendment (Work Related Visa Conditions) Regulations 2024 (F2024L00776).", "evidencePassage": "repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.Authorised Version F2024L00776 registered 25/06/2024 Schedule 1 Amendments 2 Migration Amendment (Work Related Visa Conditions) Regulations 2024 OPC66894 - A Schedule 1—Amendments Migration Regulations 1994 1 Paragraph 8107(3)(b) of Schedule 8 Repeal the paragraph, substitute: (b) the holder may cease to work in accordance with paragraph (a) for a period, but: (i) any such period must not exceed 180 consecutive days; and (ii) the total number of days on which the holder does not work in accordance with paragraph (a) must not exceed 365 during the visa period for the holder’s visa; and 2 Subclause 8607(5) of Schedule 8 Repeal the subclause, substitute: (5) The holder may cease to work in accordance with subclauses (1) and (2) for a period, but: (a) any such period must not exceed 180 consecutive days; and (b) the total number of days on which the holder does not work in accordance with subclauses (1) and (2) must not exceed 365 during the visa period for the holder’s visa. 3 Subclause 8608(5) of Schedule 8 Repeal the subclause, … substitute: (5) The holder may cease to work in accordance with subclauses (1) and (2) for a period, but: (a) any such period must not exceed 180 consecutive days; and (b) the total number of days on which the holder does not work in accordance with subclauses (1) and (2) must not exceed 365 during the visa period for the holder’s visa. 4 In the appropriate position in Schedule 13 Insert: Part 132—Amendments made by the Migration Amendment (Work Related Visa Conditions) Regulations 2024 13201 Operation of amendment (1) The amendments of these Regulations made by Schedule 1 to the Migration Amendment", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-4dd95066086809c3d05e", "countryCode": "AU", "country": "Australia", "title": "Migration Amendment (Strengthening Employer Compliance Act) 2024", "policyEffect": "Introduced civil and criminal penalties to combat temporary migrant worker exploitation in Australia. This includes criminal offenses for exploiting a worker based on their visa status and establishing a prohibition measure to ban non-compliant employers from hiring additional temporary migrant workers.", "operativeDate": "2024-07-01", "year": 2024, "affectedGroup": "", "materialConditionsAndExceptions": "", "policyCategory": "Work", "policyTool": "Enforcement", "sourceName": "immi.homeaffairs.gov.au", "sourceUrl": "https://immi.homeaffairs.gov.au/employer-subsite/files/strengthening-the-law-to-tackle-migrant-worker-exploitation.PDF", "preciseCitation": "immi.homeaffairs.gov.au. Migration Amendment (Strengthening Employer Compliance Act) 2024. Effective 2024-07-01.; Parliament of Australia, Migration Amendment (Strengthening Employer Compliance) Act 2024, Act No. 1 of 2024.; Migration Amendment (Strengthening Employer Compliance) Act 2024 (Act No. 12, 2024).", "evidencePassage": "person contravenes subsection (1). Note: It is not necessary to prove a person’s state of mind in proceedings for a civil penalty order (see section 486ZF). Civil penalty: 240 penalty units. 245AAC Coercing etc. a lawful non-citizen to work—adverse effect on status etc. (1) A person (the first person) contravenes this subsection if: (a) the first person coerces, or exerts undue influence or undue pressure on, another person (the worker) to accept or agree to an arrangement in relation to work; andAuthorised Version C2024A00001 registered 22/02/2024 Schedule 1 Amendments Part 1 New employer sanctions 6 Migration Amendment (Strengthening Employer Compliance) Act 2024 No. 1, 2024 (b) the worker is a lawful non-citizen (other than a holder of a permanent visa); and (c) the work is done, or is to be done, by the worker in Australia, whether for the first person or someone else; and (d) the first person’s conduct mentioned in paragraph (a) results in the worker believing that, if the worker does not accept or agree to the arrangement: (i) there will be an adverse effect on the worker’s status as a lawful non-citizen; or (ii) the worker will be unable to provide information or documents about work the worker has done in Australia that the worker is required, under this Act or the regulations, to provide in connection with a visa held by the worker or an application for a visa by the worker. Note: For the meaning of arrangement in relation to work, see section 245AGA. Offence (2) A person commits an offence if the person contravenes subsection (1). The physical elements of the offence are set out in that subsection. Penalty: Imprisonment for 2 years or 360 penalty units, or both. (3) For the purposes of subsection (2), the fault element for paragraphs (1)(b), (c) and (d) is knowledge … than holders of permanent visas) of making such a declaration; and (d) encouraging employers to demonstrate their ability to: (i) remediate their non-compliance; and (ii) comply with the law relating to migrant worker sanctions in the future. 245AYA Overview (1) This Subdivision provides for the Minister to declare a person to be a prohibited employer for a specified period if: (a) the person is subject to a migrant worker sanction; and (b) no more than 5 years have passed since the person became subject to that sanction. (2) Sections 245AYE to 245AYJ set out when a person is subject to a migrant worker sanction. (3) While a declaration is in effect, a prohibited employer must not: (a) allow certain additional non-citizens to begin work; or (b) have a material role in a decision made by a body corporate or other body to allow certain additional non-citizens to begin work. (4) After a person stops being a prohibited employer, the person must give the Department specified information about certain lawfulAuthorised Version C2024A00001 registered 22/02/2024 Schedule 1 Amendments Part 2 Prohibited employers 10 Migration Amendment (Strengthening Employer Compliance) Act 2024 No. 1, 2024 … prohibited employer. Note: Section 27A of the Administrative Appeals Tribunal Act 1975 requires that people whose interests are affected by the Minister’s decision be given notice of their rights to seek review of the decision. 245AYL Prohibition on allowing additional non-citizens to begin work (1) A person (the first person) contravenes this subsection if: (a) the first person is a prohibited employer at a particular time; and (b) either:Authorised Version C2024A00001 registered 22/02/2024 Amendments Schedule 1 Prohibited employers Part 2 No. 1, 2024 Migration Amendment (Strengthening Employer Compliance) Act 2024 23 (i) the first person allows a non-citizen to begin work at that time; or (ii) the first person has a material role in a decision made by a body corporate or other body to allow a non-citizen to begin work at that time; and (c) at that time, the non-citizen is either: (i) an unlawful non-citizen; or (ii) a lawful non-citizen (other than a holder of a permanent visa). Offence (2) A person commits an offence if the person contravenes subsection (1). The physical elements of the offence are set out in that subsection. Penalty: Imprisonment for 2 years or 360 penalty units, or both … work-related breaches Migration Act 1958 13 Subsection 140Q(1) (penalty) Repeal the penalty, substitute: Civil penalty: (a) if the person is an approved work sponsor—240 penalty units; or (b) in any other case—60 penalty units. 14 Subsection 140Q(2) (penalty) Repeal the penalty, substitute: Civil penalty: 240 penalty units. 15 Subsection 245AB(3) Repeal the subsection, substitute: Offence (3) A person commits an offence if the person contravenes subsection (1). The physical elements of the offence are set out in that subsection. Note: A defendant bears an evidential burden in relation to the matter in subsection (2) (see subsection 13.3(3) of the Criminal Code). Penalty: Imprisonment for 2 years or 360 penalty units, or both. 16 Subsection 245AB(5) Repeal the subsection, substitute: Civil penalty provision (5) A person is liable to a civil penalty if the person contravenes subsection (1).Authorised Version C2024A00001 registered 22/02/2024 Amendments Schedule 1 Aligning and increasing penalties for work-related breaches Part 3 No. 1, 2024 Migration Amendment (Strengthening Employer Compliance) Act 2024 29 Note: It is not necessary to prove a person’s state of mind in proceedings for a", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-4dbcbaa4a784f3d6d038", "countryCode": "AU", "country": "Australia", "title": "Removal of Specified Work Requirements for UK Working Holiday Visa Holders", "policyEffect": "Removed the obligation for British passport holders to carry out \"specified work\" (such as regional/agricultural labour) in order to qualify for a second or third Working Holiday (Subclass 417) visa.", "operativeDate": "2024-07-01", "year": 2024, "affectedGroup": "Working holiday makers", "materialConditionsAndExceptions": "", "policyCategory": "Admission / post-entry rights", "policyTool": "Work requirement exemptions", "sourceName": "Australian Department of Home Affairs", "sourceUrl": "https://immi.homeaffairs.gov.au/what-we-do/whm-program", "preciseCitation": "Migration Amendment Regulations / UK-Australia Free Trade Agreement arrangements.; Department of Home Affairs, \"Working Holiday (subclass 417) visa arrangements for UK passport holders,\" July 2024.", "evidencePassage": "arrangements for UK passport holders Australia and the UK have agreed to new arrangements under the Working Holiday Maker (WHM) program and Youth Mobility Scheme following entry into force of the Australia-Un​ited Kingdom Free Trade Agreement (Australia-UK FTA)​​.​ Commencement of these arrangementsFrom 1 July 202​​3 UK passport holders can apply for a Working Holiday visa between the ages of 18 and 35 years inclusive. From 1 July 2024​​ UK passport holders can be granted up to three separate Working Holiday visas without having to meet any specified work requirements. These arrangements apply … From 1 July 2023, the eligible age for UK applicants for Working Holiday (subclass 417) is 18 to 35 years inclusive. UK passport holders can lodge an application for any Working Holiday (subclass 417) visa until midnight (Australian Eastern Standard Time) on the day before their 36th birthday. Removal of ‘specified work’ requirements To be eligible for a second or third Working Holiday visa, applicants must show that they have completed at least three or six months of ‘specified work’. UK passport holders, including those who previously entered Australia on a Working Holiday (subclass 417) visa using a different eligible passport (for example, from the Republic of Ireland), do not have to meet the specified subclass 417 work requirement when applying for a second or third Working Holiday visa on or after 1 July 2024. Maximum stay of three years Working Holiday visa holders can currently stay three years in Australia. This stay consists of three separate visas granted for 12 months each (not counting any 'COVID-19 affected visa'). These arrangements have not changed. UK passport holders can choose to apply for a first, second and third Working Holiday (subclass 417) visa at any time while", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp3-19702d5e6891301b855f", "countryCode": "AU", "country": "Australia", "title": "Closure of the Business Innovation and Investment Program (BIIP) (Subclass 188)", "policyEffect": "The Business Innovation and Investment Program (Subclass 188) was formally closed to all new applications [search_result]. The Government announced refund arrangements for unfinalized applicants wishing to withdraw.", "operativeDate": "2024-07-31", "year": 2024, "affectedGroup": "Business/investor migrants", "materialConditionsAndExceptions": "", "policyCategory": "Business and investment migration", "policyTool": "Program abolition / visa stream closure", "sourceName": "Department of Home Affairs [search_result]", "sourceUrl": "https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/business-innovation-and-investment-188", "preciseCitation": "Department of Home Affairs, \"Closure of the Business Innovation and Investment Program (BIIP),\" July 2024 [search_result].", "evidencePassage": "BIIP closure and refunds Skip to navigation Skip to main content Loading  Select language English You have entered feedback mode. Right click on translated text to report Menu  Menu Home Affairs Portfolio Immigration and citizenship Search pop-up content starts  Back Search Search Popular searches Your previous searches pop-up content ends ​​ ImmiAccount Visa Entitlement Verification Online (VEVO) My Tourist Refund Scheme (TRS) ​ BIIP closure and refunds Page Content ​​​​​​​​​​​​​​The Business Innovation and Investment Program (BIIP) closed permanently to new applications on 31 July 2024.​ … We will continue to process applications made before this date in line with the permanent Migration Program planning levels and skilled visa processing priorities.​ Visa Application Charge refunds​ You may be able to get a refund of the Business Innovation and Investment (subclass 188) Visa Application Charge (VAC) if you withdraw your application on or after 31 July 2024. Refunds are available for these streams: Business Innovation Investor Significant Investor Entrepreneur Refunds are not available for these streams: Business Innovation Extension ​Significant Investor Extension.​ Refunds are", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-f3cd9af1dcea4b641cbf", "countryCode": "AU", "country": "Australia", "title": "Mobility Arrangement for Talented Early-professionals Scheme (MATES) Stream", "policyEffect": "Establishes the Mobility Arrangement for Talented Early-professionals Scheme (MATES) stream within the Subclass 403 (Temporary Work (International Relations)) visa for eligible Indian graduates and early career professionals. Applicants must be outside Australia when applying, hold a valid passport issued by the Republic of India, and must not currently or previously have been in Australia as a Subclass 403 visa holder in the MATES stream. Additional requirements include being a selected participant for a visa pre-application process, being between 18 and 30 years old at the beginning of the registration open period, graduating from a specified foreign educational institution within 2 years of the beginning of the registration open period, and applying on or before the date specified in the notice of selection. Applicants must hold a qualification of a specified kind related to a specified industry conferred by a specified foreign educational institution, satisfy specified language test requirements or English language proficiency, and meet public interest criteria 4005 and 4019. The visa permits travel to and entry into Australia within 12 months of grant, and a stay of 24 months after first entry. Visas are subject to mandatory conditions 8303, 8501, and 8516, with discretionary conditions 8301, 8502, 8503, 8525, and 8526.", "operativeDate": "2024-11-12", "year": 2024, "affectedGroup": "Eligible indian graduates and early career professionals in designated fields holding a valid passport issued by the republic of india.", "materialConditionsAndExceptions": "Validated condition or limit: Establishes the Mobility Arrangement for Talented Early-professionals Scheme (MATES) stream within the Subclass 403 (Temporary Work (International Relations)) visa for eligible Indian graduates and early career professionals.; Applicants must be outside Australia when applying, hold a valid passport issued by the Republic of India, and must not currently or previously have been in Australia as a Subclass 403 visa holder in the MATES stream.; Additional requirements include being a selected participant for a visa pre-application process, being between 18 and 30 years old at the beginning of the registration open period, graduating from a specified foreign educational institution within 2 years of the beginning of the registration open period, and applying on or before the date specified in the notice of selection.; Applicants must hold a qualification of a specified kind related to a…", "policyCategory": "Bilateral mobility agreements / temporary skilled work", "policyTool": "Subclass 403 mates stream", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2024L01424/asmade/2024-11-07/text/original/pdf", "preciseCitation": "Migration Amendment (Mobility Arrangements for Talented Early-professionals Scheme) Regulations 2024 (F2024L01424).", "evidencePassage": "If an applicant is seeking to satisfy the primary criteria for a Subclass 403 (Temporary Work (International Relations)) visa in the Mobility Arrangement for Talented Early-professionals Scheme stream … the applicant holds a valid passport issued by the Republic of India … The applicant is a selected participant for a visa pre-application process (the relevant process) conducted in relation to: (a) the Subclass 403 (Temporary Work (International Relations)) visa in the Mobility Arrangement for Talented Early-professionals Scheme stream; and (b) the Republic of India … At the beginning of the registration open period for the relevant process, the applicant was at least 18 and no more than 30 … The applicant: (a) must have graduated from a foreign educational institution specified by the Minister in an instrument in writing for the purposes of this table item; and (b) must have so graduated within 2 years of the beginning of the registration open period for the relevant process … For a Subclass 403 visa in the Mobility Arrangement for Talented Early-professionals Scheme stream—temporary visa permitting the holder: (a) to travel to and enter Australia, within 12 months after the date of the grant of the visa; and (b) to remain in Australia for 24 months after first entry. … (2) The visa is subject to conditions 8303, 8501 and 8516. (3) Conditions 8301, 8502, 8503, 8525 and 8526 may be imposed.", "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-813c1a059734cb34235f", "countryCode": "AU", "country": "Australia", "title": "Nil Visa Application Charge (VAC) for Pacific Australia Card Holders (LIN 25/007)", "policyEffect": "Legislative Instrument LIN 25/007 specifies that holders of a valid Pacific Australia Card issued by the Government of Australia are in a specified class of persons for a nil Visa Application Charge (VAC) for the first instalment when applying outside Australia for a Subclass 600 (Visitor) visa in either the Tourist stream or the Business Visitor stream.", "operativeDate": "2025-03-22", "year": 2025, "affectedGroup": "Holders of a valid pacific australia card seeking a subclass 600 (visitor) visa in the tourist or business visitor stream while outside australia", "materialConditionsAndExceptions": "", "policyCategory": "Entry / short-stay & regional mobility", "policyTool": "Visa fee waiver / exemption", "sourceName": "Federal Register of Legislation / Department of Home Affairs", "sourceUrl": "https://www.legislation.gov.au/F2025L00364/asmade/2025-03-13/text/original/pdf", "preciseCitation": "Australian Government, Migration (Class of Persons for Nil VAC for Subclass 600 (Visitor) Visa Applications—Pacific Australia Card Holders) Specification 2025 (LIN 25/007) (16 March 2025).", "evidencePassage": "5 Class of persons for nil VAC—Subclass 600 (Visitor) visa For subparagraph 1236(2)(a)(iv) of Schedule 1 to the Migration Regulations, a person (the applicant) is specified to be in a class of persons if: (a) the person holds a valid Pacific Australia Card; and (b) the person seeks to satisfy the primary criteria for the grant of a Subclass 600 (Visitor) visa: (i) in the Tourist stream as set out in Subdivision 600.22 of Schedule 2 to the Migration Regulations; or (ii) in the Business Visitor stream as set out in Subdivision 600.24 of Schedule 2 to the Migration Regulations; and (c) the person is outside Australia at the time of application.", "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp3-79de104031f81a438581", "countryCode": "AU", "country": "Australia", "title": "Establishment of Subclass 192 (Pacific Engagement) Treaty Stream (Australia-Tuvalu Falepili Union)", "policyEffect": "Amends the Migration Regulations 1994 to implement Article 3 of the Australia-Tuvalu Falepili Union Treaty by creating two streams in the Subclass 192 (Pacific Engagement) visa: the Pacific Engagement stream and a dedicated permanent Treaty stream for eligible citizens of Tuvalu (with an annual allocation allowing unrestricted work and study in Australia).", "operativeDate": "2025-05-01", "year": 2025, "affectedGroup": "Nationals of tuvalu", "materialConditionsAndExceptions": "Validated condition or limit: Amends the Migration Regulations 1994 to implement Article 3 of the Australia-Tuvalu Falepili Union Treaty by creating two streams in the Subclass 192 (Pacific Engagement) visa: the Pacific Engagement stream and a dedicated permanent Treaty stream for eligible citizens of Tuvalu (with an annual allocation allowing unrestricted work and study in Australia).", "policyCategory": "Permanent residence / legal entry / humanitarian-bilateral", "policyTool": "Not stated", "sourceName": "Federal Register of Legislation (Office of Parliamentary Counsel, Australia)", "sourceUrl": "https://www.legislation.gov.au/F2025L00183/latest/text", "preciseCitation": "Migration Amendment (Australia Tuvalu Falepili Union Treaty Visa) Regulations 2025 (Select Legislative Instrument / FRL No. F2025L00183)", "evidencePassage": "this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.Authorised Version F2025L00183 registered 21/02/2025 Schedule 1 Amendments 2 Migration Amendment (Australia Tuvalu Falepili Union Treaty Visa) Regulations 2025 OPC67236 - B Schedule 1—Amendments Migration Regulations 1994 1 Paragraph 1140(2)(a) of Schedule 1 Repeal the paragraph, substitute: (a) first instalment (payable at the time the application is made): (i) for: (A) an applicant seeking to satisfy the primary criteria for the grant of a Subclass 192 (Pacific Engagement) visa in the Pacific Engagement stream; or (B) an applicant seeking to satisfy the secondary criteria for the grant of a Subclass 192 (Pacific Engagement) visa whose application is combined, or sought to be combined, with an application made by that person: First instalment Item Component Amount 1 Base application charge $325 2 Additional applicant charge for an applicant who is at least 18 $80 3 Additional applicant charge for an applicant who is less than 18 $80 (ii) for: (A) an applicant seeking to satisfy the primary criteria for the grant of a Subclass 192 (Pacific Engagement) visa in the Treaty stream; or (B) an applicant seeking to satisfy the secondary criteria for the grant of a Subclass 192 (Pacific Engagement) visa whose application is combined, or sought to be combined, with an application made by that person: First instalment Item Component Amount 1 Base application charge $200 2 Additional applicant charge for an applicant who is at least 18 $50 3 Additional applicant charge for an applicant who is less than 18 $50 Note: Regulation 2.12C explains the components of the first instalment of visa application charge … ) visa in the Treaty stream must meet the requirements in the following table. Requirements Item Requirements 1 The applicant is a selected participant for a visa pre-application process (the relevant process) conducted in relation to: (a) the Subclass 192 (Pacific Engagement) visa in the Treaty stream; and (b) a country that issued the applicant with a valid passport 2 At the beginning of the registration open period for the relevant process, the applicant must be aged at least 18 3 At the time of registration of the applicant as a registered participant in the relevant process, the applicant … held a valid passport issued by the country to which the relevant process relates 4 All of the following: (a) the applicant, a parent of the applicant or a grandparent of the applicant was born in the country to which the relevant process relates; (b) the applicant is a citizen of that country and that citizenship was not obtained due to an investment to that country; (c) the applicant is not a citizen of New ZealandAuthorised Version F2025L00183 registered 21/02/2025 Schedule 1 Amendments 4 Migration Amendment (Australia Tuvalu Falepili Union Treaty Visa) Regulations 2025 OPC67236 - B Requirements … this paragraph; (c) a medical practitioner employed by an organisation approved by the Minister for the purposes of this paragraph. Note: For Medical Officer of the Commonwealth, see regulation 1.03. 11 Division 192.2 of Schedule 2 Repeal the Division, substitute: Division 192.2—Primary criteria Note: The primary criteria for the grant of a Subclass 192 visa include criteria set out in streams. If an applicant applies for a Subclass 192 visa in the Pacific Engagement stream, the criteria in Subdivisions 192.21 and 192.22 are the primary criteria for the grant of the visa. If an applicant applies … for a Subclass 192 visa in the Treaty stream, the criteria in Subdivisions 192.21 and 192.23 are the primary criteria for the grant of the visa. The primary criteria must be satisfied by at least one member of a family unit. The other members of the family unit who are applicants for a visa of this subclass need satisfy only the secondary criteria. All criteria must be satisfied at the time a decision is made on the application. 192.21—Common criteria Note: These criteria are for all applicants seeking to satisfy the primary criteria for a Subclass 192 visa. 192.211 The applicant has complied … person to undergo assessment in relation to the criterion. 192.23—Criteria for Treaty stream Note: These criteria are only for applicants seeking to satisfy the primary criteria for a Subclass 192 visa in the Treaty stream.Authorised Version F2025L00183 registered 21/02/2025 Schedule 1 Amendments 8 Migration Amendment (Australia Tuvalu Falepili Union Treaty Visa) Regulations 2025 OPC67236 - B 192.231 The applicant has undergone a medical examination carried out by a relevant medical practitioner, unless a Medical Officer of the Commonwealth decides otherwise. 192.232 The applicant has undergone … satisfy the primary criteria for the grant of a Subclass 192 visa in the Treaty stream; each member of the family unit of the secondary applicant who is an applicant for a Subclass 192 visa satisfies the criteria in clauses 192.231 to 192.235. 16 Clause 192.511 of Schedule 2 Repeal the clause, substitute: 192.511 (1) In the case of a visa granted to a person on the basis of the person satisfying: (a) the criteria in Subdivisions 192.21 and 192.23; or (b) the criteria in Division 192.3, if the visa was granted because the person met the requirements of clause 192.311 in relation to: (i) a primary", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-772650da25de7ac7a208", "countryCode": "AU", "country": "Australia", "title": "Pre-Application Process and Selection Rules for Subclass 192 Visa (Treaty Stream)", "policyEffect": "Establishes the rules for the conduct of the visa pre-application process (ballot registration framework) for a Subclass 192 (Pacific Engagement) visa in the Treaty stream.", "operativeDate": "2025-05-01", "year": 2025, "affectedGroup": "Persons registering for a treaty stream visa pre-application process who hold a valid passport of the related country, are aged at least 18 at the beginning of the registration open period, have a birthplace connection to the country, are citizens not via investment, and are not new zealand citizens.", "materialConditionsAndExceptions": "", "policyCategory": "Legal entry / administration", "policyTool": "Not stated", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2025L00249/asmade/2025-02-25/text/original/pdf", "preciseCitation": "", "evidencePassage": "For the purposes of subsection 46C(14) of the Act, this Part sets out the rules that apply in relation to the conduct of a visa pre-application process that is specified in section 6. … The eligibility requirements for registration of a person as a registered participant in a particular Treaty stream visa pre-application process are all of the following: (a) the person holds a valid passport issued by the country to which that process relates; (b) at the beginning of the registration open period for that process, the person is aged at least 18; (c) the person, or a parent of the person, or a grandparent of the person, was born in the country to which that process relates; (d) the person is a citizen of the country to which that process relates and that citizenship was not obtained due to an investment to that country; (e) the person is not a citizen of New Zealand.", "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp3-e0a48311a441fc739948", "countryCode": "AU", "country": "Australia", "title": "Indexation of Skilled Visa Income Thresholds (TSMIT) via LIN 25/038", "policyEffect": "Annual indexation of the TSMIT threshold from AUD 73,150 to AUD 76,515 applying in relation to an application for the approval of a nomination made on or after 1 July 2025.", "operativeDate": "2025-07-01", "year": 2025, "affectedGroup": "Applicants for the approval of a nomination made on or after 1 july 2025", "materialConditionsAndExceptions": "Validated condition or limit: Annual indexation of the TSMIT threshold from AUD 73,150 to AUD 76,515 applying in relation to an application for the approval of a nomination made on or after 1 July 2025.", "policyCategory": "Labour migration", "policyTool": "Wage and income requirement", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2025L00731/asmade/2025-06-19/text/original/pdf", "preciseCitation": "https://www.legislation.gov.au/F2025L00731/asmade/2025-06-19/text/original/pdf; https://immi.homeaffairs.gov.au/visas/employing-and-sponsoring-someone/sponsoring-workers/nominating-a-position/salary-requirements", "evidencePassage": "1 Section 6 Omit “AUD 73,150”, substitute “AUD 76,515”. … 13 Application of amendments made by LIN 25/038 The amendments made by Schedule 1 to the Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment (Annual TSMIT Increase) Instrument 2025 apply in relation to an application for the approval of a nomination made on or after 1 July 2025.", "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-a8a561c998a2b3d98385", "countryCode": "AU", "country": "Australia", "title": "Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Amendment (Internet Lodgement) Instrument 2025", "policyEffect": "Enables digital internet-based lodgement of Subclass 202 (Global Special Humanitarian) visa applications under the Special Humanitarian Program (SHP).", "operativeDate": "2025-07-01", "year": 2025, "affectedGroup": "Special humanitarian program applicants", "materialConditionsAndExceptions": "", "policyCategory": "Humanitarian and asylum", "policyTool": "Application procedure / digital processing", "sourceName": "Department of Home Affairs", "sourceUrl": "https://www.legislation.gov.au/F2025L00750/latest/text", "preciseCitation": "Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Amendment (Internet Lodgement) Instrument 2025, Department of Home Affairs.; Federal Register of Legislation, Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Amendment (Internet Lodgement) Instrument 2025 (LIN 25/050 / F2025L00750).", "evidencePassage": "Instrument 2025 Schedule 1—Amendments Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Instrument (LIN 20/169) 2020 1 Section 8 (table item 1) Repeal the table item, substitute: 1 An applicant whose entry to Australia has been proposed in accordance with approved form 681 842 (Internet) and 681 (Internet) (a) The application must be made as an Internet application; (b) If the application cannot be made in accordance with paragraph (a) and the Department has given written notice authorising the person to do so, it can be made using form 842 and 681 and: (i) posted with sufficient prepaid postage, to: Special Humanitarian Processing Centre Department of Home Affairs GPO Box 9984 SYDNEY NSW 2001; or (ii) made via the online portal at the following address: https://www.homeaffairs.gov.au/humvisaapplic ation 1A An applicant whose entry to Australia has been proposed in accordance with approved form 1417 842 and 1417 Application must be: (a) posted with sufficient prepaid postage to: Special Humanitarian Processing Centre Department of Home Affairs GPO Box 9984 SYDNEY NSW 2001; or (b) made via the online portal at the following address: https://www.homeaffairs.gov.au/humvisaapplicationAuthorised", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-4e629841e119a61bfd13", "countryCode": "AU", "country": "Australia", "title": "Revised English Language Proficiency Benchmarks and Approved Tests (LIN 25/016)", "policyEffect": "Updates and specifies the accepted English language test providers and scores across four proficiency bands (Vocational, Competent, Proficient, Superior) under the Migration Regulations 1994, repealing instrument IMMI 15/005. The instrument applies to visa applications made on or after commencement on 7 August 2025 and specifies transitional provisions for tests undertaken in the 36-month period before application and before commencement. It specifies approved tests including C1 Advanced, CELPIP General, IELTS Academic, IELTS General Training, LANGUAGECERT Academic, MET, OET, PTE Academic, and TOEFL iBT, subject to specific exclusions per band (such as C1 Advanced excluded from Vocational, and MET excluded from Superior). It also specifies exempt passport-issuing countries: Canada, New Zealand, the Republic of Ireland, the United Kingdom of Great Britain and Northern Ireland, and the United States of America.", "operativeDate": "2025-08-07", "year": 2025, "affectedGroup": "Visa applicants subject to english language proficiency requirements under the migration regulations 1994", "materialConditionsAndExceptions": "Validated condition or limit: The instrument applies to visa applications made on or after commencement on 7 August 2025 and specifies transitional provisions for tests undertaken in the 36-month period before application and before commencement.; It specifies approved tests including C1 Advanced, CELPIP General, IELTS Academic, IELTS General Training, LANGUAGECERT Academic, MET, OET, PTE Academic, and TOEFL iBT, subject to specific exclusions per band (such as C1 Advanced excluded from Vocational, and MET excluded from Superior).; It also specifies exempt passport-issuing countries: Canada, New Zealand, the Republic of Ireland, the United Kingdom of Great Britain and Northern Ireland, and the United States of America.", "policyCategory": "Skilled migration / criteria & qualifications", "policyTool": "Not stated", "sourceName": "Federal Register of Legislation (Department of Home Affairs, Australia)", "sourceUrl": "https://www.legislation.gov.au/F2025L00905/asmade/2025-08-05/text/original/pdf", "preciseCitation": "Migration (Specification of Language Tests, Test Scores and Passports) Instrument 2025 (LIN 25/016 / FRL No. F2025L00905)", "evidencePassage": "This instrument is the Migration (Specification of Language Tests, Test Scores and Passports) Instrument 2025. … Migration Regulations 1994 – Specification of Language Tests, Score and Passports 2015 – IMMI 15/005 1 The whole of the instrument Repeal the instrument. … Schedule 3—Specified passports Item Country 1 Canada 2 New Zealand 3 The Republic of Ireland 4 The United Kingdom of Great Britain and Northern Ireland 5 The United States of AmericaAuthorised", "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-b34a61dd1de3859f7a94", "countryCode": "AU", "country": "Australia", "title": "Specification of English Language Proficiency Requirements for Subclass 500 (Student) Visas (LIN 25/090)", "policyEffect": "Formally sets out the approved English language tests, minimum scores, and exempt categories required to satisfy primary grant criteria for Subclass 500 (Student) visa applications.", "operativeDate": "2025-08-07", "year": 2025, "affectedGroup": "International students", "materialConditionsAndExceptions": "Validated condition or limit: Formally sets out the approved English language tests, minimum scores, and exempt categories required to satisfy primary grant criteria for Subclass 500 (Student) visa applications.", "policyCategory": "International students / entry requirements", "policyTool": "Not stated", "sourceName": "Federal Register of Legislation (Department of Home Affairs, Australia)", "sourceUrl": "https://www.legislation.gov.au/F2025L00906/latest/text", "preciseCitation": "Migration (English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visas) Instrument 2025 (LIN 25/090 / FRL No. F2025L00906)", "evidencePassage": "Subclass 500 (Student) visa 6 English language test requirements (1) For the purposes of subclause 500.213(1) of Schedule 2 to the Regulations, the following requirements are specified: (a) the visa applicant must undertake one of the following approved English language tests: (i) Cambridge Advanced Test (C1 Advance); (ii) Canadian English Language Proficiency Index Program General (CELPIP General); (iii) International English Language Test System (IELTS) Academic (IELTS Academic); (iv) International English Language Test System (IELTS) General Training. (IELTS General Training); (v) LANGUAGECERT Academic Test (LANGUAGECERT Academic); (vi) Michigan English Test (MET); (vii) Occupational English Test (OET); (viii) Pearson Test of English Academic (PTE Academic); (ix) Test of English as a Foreign Language internet-Based Test (TOEFL iBT); and (b) the visa applicant must have undertaken the test within the following period: (i) if evidence of the test is provided at the time the visa applicant makes an application for a Subclass 500 (Student) visa—the 2 year period immediately before the day on which the visa application is made; or (ii) if evidence of the test is not provided at the time the visa application is made—the 2 year period immediately before the day on which a decision to grant or refuse to grant the visa is made; and (iii) the visa applicant meets the requirements in subsection (2), (3) or (4). (2) The visa applicant achieved the required minimum English language test score specified in Column 2 of an item in the table in Schedule 1. (3) If the visa applicant is enrolled in: (a) at least 10 weeks of an ELICOS that accompanies a principal course and that is intended to commence after the Subclass 500 (Student) visa application was made; or (b) a standard foundation program; or (c) an extended foundation program; or (d) a registered course that is specified in an item in the table in Schedule 2 (an eligible pathway program); and Note: Registered course is defined in regulation 1.03 of the Migration Regulations 1994.Authorised Version F2025L00906 registered 06/08/2025 4 Migration (English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visas) Instrument 2025 the applicant achieved the required minimum English language test score specified in Column 3 of an item in the table in Schedule 1, unless the test was a C1 Advanced. (4) If the … visa applicant is enrolled in: (a) at least 20 weeks of an ELICOS that accompanies a principal course; and (b) that principal course is intended to commence after the Subclass 500 (Student) visa application was made; the visa applicant achieved the required minimum English language test score specified in Column 4 of an item in the table in Schedule 1, unless the test was a C1 Advanced. 7 English language test requirements do not apply (1) For the purpose of subclause 500.213(2) of Schedule 2 to the Regulations, subclause 500.213(1) of Schedule 2 to the Regulations does not apply to the following", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-0a65a4d1fc59d513ee22", "countryCode": "AU", "country": "Australia", "title": "Specification of Medical Assessment Matrix for Public Interest Criteria (LIN 25/049)", "policyEffect": "Repeals and replaces the health matrix instrument to specify mandatory immigration medical assessments, authorized medical examiners, and required health exams necessary to satisfy Public Interest Criteria (PIC) 4005 and 4007 according to country of origin, stay duration, and intended activity.", "operativeDate": "2025-11-29", "year": 2025, "affectedGroup": "Temporary and permanent visa applicants", "materialConditionsAndExceptions": "Validated condition or limit: Repeals and replaces the health matrix instrument to specify mandatory immigration medical assessments, authorized medical examiners, and required health exams necessary to satisfy Public Interest Criteria (PIC) 4005 and 4007 according to country of origin, stay duration, and intended activity.", "policyCategory": "Border & health screening / eligibility", "policyTool": "Not stated", "sourceName": "Federal Register of Legislation (Department of Home Affairs, Australia)", "sourceUrl": "https://www.legislation.gov.au/F2025L01437/asmade/text", "preciseCitation": "Migration (Specification of Required Medical Assessment) Instrument 2025 (LIN 25/049 / FRL No. F2025L01437)", "evidencePassage": "hepatitis B risk countries and jurisdictions 14 Schedule 6—Repeals 16 Migration Regulations 1994 –Specification of Required Medical Assessment – IMMI 15/144 16Authorised Version F2025L01437 registered 27/11/2025 Authorised Version F2025L01437 registered 27/11/2025 Migration (Specification of Required Medical Assessment) Instrument 2025 1 1 Name This instrument is the Migration (Specification of Required Medical Assessment) Instrument 2025. 2 Commencement This instrument commences on 29 November 2025. 3 Authority This instrument is made under paragraphs 4005(1)(aa) and 4007(1)(aa) of Schedule 4 … to the Migration Regulations 1994. 4 Definitions In this instrument: high hepatitis B risk jurisdiction means a country or jurisdiction not mentioned in Schedule 5. panel physician means a doctor or radiologist who: (a) is outside Australia; and (b) provides medical assessment services for visa applicants for purposes under the Migration Act 1958 and the Regulations; and (c) provides those services on the basis that the doctor or radiologist either: (i) has entered into and continues to be a party to an arrangement with the Department to provide the services as part of the Australian Panel Physician … and any other item in a Schedule to this instrument has effect according to its terms.Authorised Version F2025L01437 registered 27/11/2025 2 Migration (Specification of Required Medical Assessment) Instrument 2025 6 Specified classes of person required to undertake medical assessment For paragraphs 4005(1)(aa) and 4007(1)(aa) of Schedule 4 to the Regulations, the following classes of person are specified: (a) a person who: (i) is a citizen of a country or jurisdiction; or (ii) has spent 3 or more consecutive months during the last 5 years in one or more countries or jurisdictions; where the country or jurisdiction is listed in column 1 of the table in Schedule 1 to this instrument; (b) a person who: (i) is a citizen of a country or jurisdiction; or (ii) has spent 3 or more consecutive months during the last 5 years in one or more countries or jurisdictions; where the country or jurisdiction is not listed in column 1 of the table in Schedule 1 to this instrument; (c) a person who is covered by both paragraphs 6(a) and (b) of this instrument. 7 Specified medical assessments For subparagraphs 4005(1)(aa)(i) and 4007(1)(aa)(i) of Schedule 4 to the Regulations, the following medical assessments are specified: (a) for a person in a class of person specified in paragraph 6(a)—the medical assessments specified in columns 2, 3, 4 and 5 of the table in Schedule 1 to this instrument; (b) for a person in a class of person specified in paragraph 6(b)—the medical assessments specified in: (i) columns 2, 3 and 4 of the table in Schedule 2 to this instrument; and (ii) Schedule 3 to this instrument; (c) for a person specified in paragraph 6(c)—the medical assessments specified in: (i) columns 2, 3 and 4 of the table in Schedule 2 to this instrument; and (ii) Schedule 3 to this instrument.Authorised Version F2025L01437 registered 27/11/2025 Migration (Specification of Required Medical Assessment) Instrument 2025 3 8 Specified persons to conduct medical assessments For subparagraphs 4005(1)(aa)(ii) and 4007(1)(aa)(ii) of Schedule 4 to the Regulations: (a) for a medical assessment conducted in Australia—Bupa Australia Health Pty Ltd (trading as Bupa Medical Visa Services) is specified; (b) for a medical assessment conducted outside Australia for visa purposes— panel physicians are specified. Note: Paragraphs 4005(1)(aa) and 4007(1)(aa) of Schedule 4 to the Regulations both relevantly … Islands 120 Ukraine Column 1 Column 2 Item Name 121 United Arab Emirates 122 United Kingdom 123 United States of America 124 United States Minor Outlying Islands 125 Uruguay 126 Venezuela 127 Wallis and Futuna 128 Western Sahara 129 ZambiaAuthorised Version F2025L01437 registered 27/11/2025 16 Migration (Specification of Required Medical Assessment) Instrument 2025 Schedule 6—Repeals Migration Regulations 1994 –Specification of Required Medical Assessment – IMMI 15/144 1 The whole of the instrument Repeal the instrument.Authorised Version F2025L01437 registered 27/11/2025", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "record-measure-e2fc9dc53c1123208268737c", "countryCode": "AU", "country": "Australia", "title": "Brisbane 2032-accredited participants designated for nil-VAC Subclass 408 treatment", "policyEffect": "The instrument designates the Brisbane 2032 Olympic and Paralympic Games and the specified class of accredited participants for nil visa-application-charge treatment under the Subclass 408 Temporary Activity visa provisions.", "operativeDate": "2026-01-21", "year": 2026, "affectedGroup": "A person who is: (a) approved for accreditation for the event by the organising committee; and (b) a member or personnel of any of the following: (i) the international olympic committee (ioc); (ii) ioc controlled entities; (iii) national olympic committees; (iv) international federations; (v) rights-holding broadcasters; (vi) the official timekeeper; (vii) ioc marketing partners; (viii) media.", "materialConditionsAndExceptions": "Recorded validated scope: Nil VAC for Subclass 408 (Temporary Activity) visa.", "policyCategory": "Migration policy", "policyTool": "", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2026L00008", "preciseCitation": "Migration (Class of Persons for Nil VAC for Subclass 408 (Temporary Activity) – Brisbane 2032 Olympic and Paralympic Games) Instrument 2025, ss. 2, 5–7; commenced 21 January 2026.", "evidencePassage": "Visa Application Charge. 5 Specified event for paragraph 408.229(b) For paragraph 408.229(b) of Schedule 2 to the Regulations, the Brisbane 2032 Olympic and Paralympic Games is a specified event. 6 Specified class of persons for paragraph 408.229(c) For paragraph 408.229(c) of Schedule 2 to the Regulations, the class of persons specified in relation to the event specified in section 5 is a person who is: (a) approved for accreditation for the event by the Organising Committee; and (b) a member or personnel of any of the following: (i) the International Olympic Committee (IOC);Authorised Version … F2026L00008 registered 09/01/2026 2 Migration (Class of Persons for Nil VAC for Subclass 408 Visas—Brisbane 2032 Olympic and Paralympic Games) Instrument 2025 (ii) IOC Controlled entities; (iii) National Olympic Committees; (iv) International Federations; (v) Rights-Holding Broadcasters; (vi) the Official Timekeeper; (vii) IOC Marketing Partners; (viii) Media. 7 Visa application charge For subparagraph 1237(2)(a)(i) of Schedule 1 to the Regulations, the specified class of persons is a person who is: (a) seeking to satisfy clause 408.229 of Schedule 2 to the Regulations; and (b) in the class of", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp3-ced5bb1e757cce1b7ecf", "countryCode": "AU", "country": "Australia", "title": "Creation of Statutory Arrival Control Determination Powers (Subdivision AGA)", "policyEffect": "Inserts Subdivision AGA into Division 3 of Part 2 of the Migration Act 1958 through Schedule 1 of the Migration Amendment (2026 Measures No. 1) Act 2026. The new provisions empower the Minister for Home Affairs to issue an \"Arrival Control Determination\" to temporarily suspend the travel and entry rights of entire classes of offshore temporary visa holders during international crises or rapid shifts in geopolitical conditions to protect system integrity.", "operativeDate": "2026-03-14", "year": 2026, "affectedGroup": "Offshore temporary visa holders", "materialConditionsAndExceptions": "", "policyCategory": "Border control / emergency powers / temporary entry", "policyTool": "Legal / administrative framework for temporary visa entry suspension", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/C2026A00010/asmade/text", "preciseCitation": "Migration Amendment (2026 Measures No. 1) Act 2026 (Act No. 10, 2026).", "evidencePassage": "The object of this Subdivision is to allow temporary restrictions on the arrival of certain classes of temporary visa holders in Australia, where this is necessary to protect the integrity and sustainability of Australia’s immigration system, including when events or circumstances outside Australia mean that there is an increased risk that certain classes of temporary visa holders will not depart Australia when their visas cease to be in effect.", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-9982ccc14e3d321f1d03", "countryCode": "AU", "country": "Australia", "title": "Australia creates temporary arrival-control power and applies it to certain Iranian visitor visa holders", "policyEffect": "Australia used new Migration Amendment (2026 Measures No. 1) powers to make an Arrival Control Determination restricting travel by certain Visitor visa holders linked to Iranian passports, with limited permitted-travel exceptions.", "operativeDate": "2026-03-26", "year": 2026, "affectedGroup": "Current holders", "materialConditionsAndExceptions": "Validated condition or limit: 1) powers to make an Arrival Control Determination restricting travel by certain Visitor visa holders linked to Iranian passports, with limited permitted-travel exceptions.", "policyCategory": "Visitor", "policyTool": "Entry restriction", "sourceName": "Minister for Home Affairs arrival control determination announcement", "sourceUrl": "https://minister.homeaffairs.gov.au/TonyBurke/Pages/protecting-integrity-and-sustainability-of-our-migration-system.aspx", "preciseCitation": "Minister for Home Affairs arrival control determination announcement. Australia creates temporary arrival-control power and applies it to certain Iranian visitor visa holders. Effective 2026-03-26.", "evidencePassage": "protect the integrity and sustainability of our migration system. An Arrival Control Determination will be in force from 26 March 2026 for six months, made possible under the Migration Amendment (2026 Measures No. 1) Act 2026 that passed Parliament earlier this month. The Government is acting in the national interest amid rapidly changing global conditions. The conflict in Iran has increased the risk that some temporary visa holders may be unable or unlikely to depart Australia when their visas expire. This measure gives the Government time to assess the situation properly, while still allowing flexibility in limited cases. The Arrival Control Determination only applies to people outside Australia who have a Visitor (Subclass 600) visa linked to an Iranian passport. The determination does not apply to: people in Australia when the Arrival Control Determination commenced the spouse, de facto partner, or dependent child of Australian citizens, an Australian permanent visa holder, or an Australian resident who is not subject to a time limitation (such as a New Zealand citizen) parents of a child under 18 already in Australia a person who has been issued with a Permitted Travel Certificate", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp5-be088a2607f96848197c", "countryCode": "AU", "country": "Australia", "title": "Remaking and Modernisation of Migration Agents Regulations and Mandatory CPD Standards", "policyEffect": "Replaces the sunsetting Migration Agents Regulations 1998 with the Migration Agents Regulations 2026, setting updated regulatory requirements for migration agent registration, disciplinary actions, and continuing professional development (CPD). Phase scope: Full legal commencement across Australia.", "operativeDate": "2026-04-01", "year": 2026, "affectedGroup": "Registered migration agents (rmas) and cpd providers", "materialConditionsAndExceptions": "", "policyCategory": "Immigration advice / migration agent regulation", "policyTool": "Subordinate regulation / legislative instrument", "sourceName": "Office of Impact Analysis", "sourceUrl": "https://oia.pmc.gov.au/published-impact-analyses-and-reports/migration-agents-regulations-1998", "preciseCitation": "Office of Impact Analysis, Department of the Prime Minister and Cabinet, 'Migration Agents Regulations 1998', 06 March 2026.", "evidencePassage": "The new regulations are the Migration Agents Regulations 2026 and commence on 1 April 2026.", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-3434484f3a771bafbea2", "countryCode": "AU", "country": "Australia", "title": "Online Lodgement Transition for Permanent Parent Visas", "policyEffect": "Updates the approved form, place, and manner requirements for Parent (Class AX), Aged Parent (Class BP), Contributory Parent (Class CA), and Contributory Aged Parent (Class DG) visas to transition lodgements from paper/courier submission to electronic lodgement via ImmiAccount.", "operativeDate": "2026-04-22", "year": 2026, "affectedGroup": "Parent visa applicants (class ax, class bp, class ca, class dg)", "materialConditionsAndExceptions": "Validated condition or limit: Updates the approved form, place, and manner requirements for Parent (Class AX), Aged Parent (Class BP), Contributory Parent (Class CA), and Contributory Aged Parent (Class DG) visas to transition lodgements from paper/courier submission to electronic lodgement via ImmiAccount.", "policyCategory": "Family / parent visas", "policyTool": "Ministerial determination", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/Details/F2026L00441", "preciseCitation": "Migration (Arrangements for Parent Visa Applications) Instrument 2026 (LIN 26/005 / F2026L00441)", "evidencePassage": "Arrangements for Parent Visa Applications) Instrument 2026 5 Schedule 1—Place, manner and form for making Parent visa applications Item No. Column 1 Item and visa Column2 Kind of applicant Column 3 Approved form Column 4 Place and manner 1 Item 1124 Parent (Migrant) (Class AX) All applicants 47PA (Internet) Application must be made: (a) as an internet application; or (b) if authorised in writing to use Form 47PA, in accordance with directions from the Department, by the date specified. 2 Item 1124A Aged Parent (Residence) (Class BP) All applicants 47PA(Internet) Application must be made: (a) as an internet application; or (b) if authorised in writing to use Form 47PA, in accordance with directions from the Department, by the date specified. 3 Item 1130 Contributory Parent (Migrant) (Class CA) All applicants 47PA(Internet) Application must be made: (a) as an internet application; or (b) if authorised in writing to use Form 47PA, in accordance with directions from the Department, by the date specified. 4 Item 1130A Contributory Aged Parent (Residence) (Class DG) All applicants 47PA(Internet) Application must be made: (a) as an internet application; or (b) if authorised in writing to use Form 47PA, in accordance with directions from the Department, by the date specified.Authorised Version F2026L00441 registered 17/04/2026 6 Migration (Arrangements for Parent Visa Applications) Instrument 2026 If the applicant is a contributory parent newborn child Nil (where birth is notified in writing to the addresses mentioned in Column 4) 5 Item 1221 Contributory Parent (Temporary) (Class UT) In any other case 47PA Applications must be made through any one of the following: (a) Post application to: Department of Home Affairs Parent Visa Centre Locked Bag 7 Northbridge WA 6865 AUSTRALIA (b) Courier", "reviewMethod": "Two separate automated exact-claim source reviews", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp5-2e89dea422a12b2ffea2", "countryCode": "AU", "country": "Australia", "title": "Removal of Letter of Support Requirement for Luxembourg Work and Holiday (Subclass 462) Applicants", "policyEffect": "From 3 June 2026, Luxembourg passport holders no longer need to provide a Letter of Support with their Work and Holiday (subclass 462) visa application.", "operativeDate": "2026-06-03", "year": 2026, "affectedGroup": "Luxembourg passport holders", "materialConditionsAndExceptions": "", "policyCategory": "Youth mobility / working holiday visas", "policyTool": "Administrative / bilateral visa rule adjustment", "sourceName": "Department of Home Affairs", "sourceUrl": "https://immi.homeaffairs.gov.au/what-we-do/whm-program/latest-news", "preciseCitation": "Department of Home Affairs, 'Working holiday Maker program - latest news', 25 August 2026.", "evidencePassage": "Luxembourg passport holders no longer need to provide a Letter of Support with their Work and Holiday (subclass 462) visa application.", "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-6071dddfa22abf534c99", "countryCode": "AU", "country": "Australia", "title": "Australia-New Zealand Refugee Resettlement Arrangement Wind-Down", "policyEffect": "The Department of Home Affairs has updated its policy guidance regarding the Australia-New Zealand resettlement arrangement. Following the closure of the referral window in June 2025, processing and departures of eligible individuals will officially finalize by the end of June 2026.", "operativeDate": "2026-06-30", "year": 2026, "affectedGroup": "Refugees in Nauru and temporarily in Australia eligible for the New Zealand resettlement arrangement", "materialConditionsAndExceptions": "Any person approved by the New Zealand Government to resettle in New Zealand can still do so.", "policyCategory": "humanitarian", "policyTool": "intergovernmental agreement", "sourceName": "Department of Home Affairs", "sourceUrl": "https://homeaffairs.gov.au/about-us/what-we-do/border-protection/regional-processing-and-resettlement", "preciseCitation": "Regional processing and resettlement, New Zealand resettlement section", "evidencePassage": "The arrangement ended in June 2025, with processing and departures concluding on 30 June 2026.", "reviewMethod": "Official-source daily scan followed by independent Gemini 3.8 Flash exact-claim and materiality verification.", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp-c52e68fb2f51a0d3c79e", "countryCode": "AU", "country": "Australia", "title": "Reduction of Regional Category Visa Allocation for FY 2026–27", "policyEffect": "Under the officially set 2026-27 Permanent Migration Program planning levels, the regional visa allocation (such as subclass 491 and 494) has been heavily reduced to 14,110 places from 33,000 in the previous year.", "operativeDate": "2026-07-01", "year": 2026, "affectedGroup": "Regional visa applicants (including subclass 491)", "materialConditionsAndExceptions": "Applies across the State and Territory Regional category within the Skilled Migration Program.", "policyCategory": "numerical_caps", "policyTool": "quota", "sourceName": "homeaffairs.gov.au", "sourceUrl": "https://immi.homeaffairs.gov.au/what-we-do/migration-program-planning-levels", "preciseCitation": "Permanent Program planning levels by financial year table, Regional category row", "evidencePassage": "| Regional | 33,000 | 33,000 | 14,110 |", "reviewMethod": "Official-source daily scan followed by independent Gemini 3.8 Flash exact-claim and materiality verification.", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp3-181d9e927a30ab9aa607", "countryCode": "AU", "country": "Australia", "title": "Subclass 202 Community Support Program Realignment and Selection Priorities", "policyEffect": "Amends the Migration Regulations 1994 to realign the Community Support Program (CSP) under the Subclass 202 (Global Special Humanitarian) visa framework. Introduces a legislative instrument mechanism allowing the Minister to specify annual caps on the number of applicants an Approved Proposing Organisation (APO) may propose in a financial year, including provisions for counting and disregarding applicants. Modifies visa criteria to ensure permanent settlement is consistent with Commonwealth priorities set by legislative instrument, updates provisions regarding proposing organisations and form 1417 submissions, and applies these changes to new applications and/or undecided applications made before or after commencement.", "operativeDate": "2026-07-01", "year": 2026, "affectedGroup": "Subclass 202 humanitarian applicants and approved proposing organisations", "materialConditionsAndExceptions": "Validated condition or limit: Modifies visa criteria to ensure permanent settlement is consistent with Commonwealth priorities set by legislative instrument, updates provisions regarding proposing organisations and form 1417 submissions, and applies these changes to new applications and/or undecided applications made before or after commencement.", "policyCategory": "Humanitarian / refugee resettlement", "policyTool": "Subordinate regulation", "sourceName": "Australian Federal Register of Legislation", "sourceUrl": "https://www.legislation.gov.au/F2026L00733/asmade/2026-06-11/text/original/pdf", "preciseCitation": "Migration Amendment (Realigning the Community Support Program) Regulations 2026 (F2026L00733 / LIN 26/063) & Migration (Specification of Commonwealth Priorities for Subclass 202 Visas) Instrument 2026 (LIN 26/036)", "evidencePassage": "The Minister may, by legislative instrument, specify, for an approved proposing organisation, a limit on the number of applicants that the approved proposing organisation may propose in a financial year. … persons who are proposed by approved proposing organisations for Subclass 202 visas. … (1) The amendments of item 1402 of Schedule 1 and clause 202.223 of Schedule 2 made by Schedule 1 to the Migration Amendment (Realigning the Community Support Program) Regulations 2026 apply in relation to an application for a visa made on or after the commencement of that Schedule. (2) The amendments of paragraph 202.212(c) of Schedule 2 and subclauses 202.221(2) and (3) of Schedule 2 made by Schedule 1 to the Migration Amendment (Realigning the Community Support Program) Regulations 2026 apply in relation to an application for a visa: (a) made, but not finally determined, before the commencement of that Schedule; or (b) made on or after the commencement of that Schedule.", "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." }, { "stableRecordId": "fcp5-69465221bc8acd4e98e3", "countryCode": "AU", "country": "Australia", "title": "Uruguay Work and Holiday (Subclass 462) Annual Quota Increase to 1,500 Places", "policyEffect": "From 1 July 2026, up to 1,500 first Work and Holiday (subclass 462) visas are available each program year to eligible passport holders from Uruguay.", "operativeDate": "2026-07-01", "year": 2026, "affectedGroup": "Eligible passport holders from uruguay", "materialConditionsAndExceptions": "Validated condition or limit: From 1 July 2026, up to 1,500 first Work and Holiday (subclass 462) visas are available each program year to eligible passport holders from Uruguay.", "policyCategory": "Youth mobility / bilateral quotas", "policyTool": "Quota determination / bilateral arrangement amendment", "sourceName": "Department of Home Affairs", "sourceUrl": "https://immi.homeaffairs.gov.au/what-we-do/whm-program/latest-news", "preciseCitation": "Department of Home Affairs, 'Working holiday Maker program - latest news', 25 August 2026.", "evidencePassage": "Cap increase for Uruguay From 1 July 2026, up to 1,500 first Work and Holiday (subclass 462) visas are available each program year to eligible passport holders from Uruguay. … This increase finalises a previously agreed amendment to the Work and Holiday (subclass 462) arrangement between Australia and Uruguay.", "reviewMethod": "Gemini 3.5 Flash-Lite extraction with independent Gemini 3.8 Flash verification", "legalReviewStatus": "Automated source validation is not independent human legal review. The finding should not be treated as legal advice." } ]