Legislative Updates

The new regulations "clarify the circumstances in which the Minister may grant a Bridging R (Class WR) visa (BVR) without application to certain eligible non-citizens who may be unlawful non-citizens at the time of grant, or who already hold a visa other than a substantive visa, a criminal justice visa or an enforcement visa"

"The purpose of the instrument is to determine the maximum number of visas that may be granted for certain classes of visas during the 2023-2024 financial year between 1 July 2023 and 30 June 2024"

The new regulations enable a cohort of secondary applicants for Subclass 309 (Partner (Provisional)) and Subclass 100 (Partner) visas who no longer meet the age requirement for the visa, to be eligible for the grant of the visa

"The Bill strengthens the integrity of the migration system by requiring non-citizens who are on a removal pathway and have exhausted all avenues to remain in Australia to cooperate in efforts to ensure their prompt and lawful removal..."

"The purpose of the instrument is to specify the class of persons for whom the amount of the first instalment of VAC is nil, under subparagraph 1236(2)(a)(iv) of Schedule 1 to the Migration Regulations"

The new instrument specifies a code of behaviour for the purposes of PIC 4022

Among the new considerations to determine whether an applicant is a genuine applicant for entry and stay as a student, one of the two new Direction requires decision-makers to consider whether visa applicants "participated in assessment activities for the course"

"This regulation provides that in considering whether to give an Immigration Minister’s certificate to a registered provider under section 97 of the Education Services for Overseas Students Act 2000 (ESOS Act), the Minister may have regard to ..."

The new regulations "amend Division 1.6 in Part 1 of the Migration Regulations 1994  to prescribe the ‘relevant score’ as a matter that the Minister may have regard to when considering whether to issue a suspension certificate under section 97 of the [Education Services for Overseas Students Act 2000 (Cth)]"

"The purpose of the instrument is to specify the English language requirements to be satisfied to meet the criteria for a Subclass 476 (Skilled – Recognised Graduate) visa or Subclass 485 (Temporary Graduate) visa under clauses 476.213 and 485.212"