Legislation Updates

Migration Legislation Tracker

A single source about the status of pieces of legislation, Bills, commencement dates, disallowances, etc

Strengthening sponsorship and nomination processes

The new Bill strengthens "arrangements around skilled entry to Australia, by legislating income threshold requirements for skilled workers and amending the labour market testing provisions in the Migration Act. The amendments will promote transparency and worker mobility by introducing a public register of approved sponsors..."

New VACs from 1 July 2024

The new regulations implement new VACs. The increase for student visas is significant, from $710 for primary applicants to...

Case Law Updates

Does para 8.3(4)(a)(i) compel the giving of considerable weight?

Federal Court. Para 8.3(4)(a)(i) of Direction 90 provided that "considerable weight should be given to the fact that a non-citizen has been ordinarily resident in Australia during and since their formative years". Does that compel the Tribunal to give "considerable weight"?

Citizenship: must decision-makers consider s 21(2)?

Federal Court. Does the "Citizenship Act require the relevant decision maker to consider and decide on each aspect of s 21(2) once s 21(1) is enlivened, even if a prohibition on approval applies", such as s 24(6)(g)?

Does FCA have jurisdiction to review s 198(6) decisions?

Federal Court. Does the Federal Court have jurisdiction to review decisions made under s 198(6) of the Migration Act 1958 (Cth)?

Industry Updates

Increased Tribunal fees

Tribunal application fees will increase from 1 July 2024 as follows...

Did para 8.3(4)(f) require consideration of child’s own views of removal...

Federal Court. Can it be said that, as the Applicant did not raise with the Tribunal his age or health as relevant were he to be removed from Australia, par 9.2(1)(a) of Direction 90 did not require the Tribunal to take those matters into account, as that provision only required such matters to be taken into account 'where relevant'? Did para 8.3(4)(f) of Direction 90 require the decision-maker to have regard to a child’s own expression of the importance to him or her of the non-citizen seeking review of a decision affecting his or her visa, instead of only considering the evidence of adults as to the adverse impact?

Can unauthorised maritime arrivals apply for visas?

Can an "unauthorised maritime arrival" apply for any type of visa while in Australia? Is the answer determined by s 48 of the Migration Act 1958 (Cth)?

Media Updates

Increased flexibility for international students to support supermarkets

The Federal government has recently announced as follows: "Today the Morrison Government has announced that supermarkets in States and Territories subject to COVID-19 lockdowns...

Can non-compliance with social distancing lead to cancellation?

"I will also say a very clear message to those backpackers who may not be adhering to the social distancing rules... [Y]ou will be breaching your visa condition and if we find that out, we will be kicking you out of the country". We discuss whether non-compliance with social distancing rules can in fact lead to a breach of a visa condition and ultimately the cancellation of a working holiday, work and holiday or other visas.

Some students able to work more than 40 hrs / fortnight

"Australia’s major supermarkets will temporarily be able to offer more hours to international student employees to help keep shelves stocked". It will be interesting to see whether this measure is extended to other industries until the situation is normalised.

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