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Legislative Updates

New Bill: tabling of character decisions

The new Bill "amends the Migration Act 1958 (the Migration Act) to provide that if the Minister makes certain character decisions under current subsection ... in relation to a person, then the Minister must cause notice of the making of the decision to be laid before each House of the Parliament within 15 sitting days of that House after the day the decision was made"

Nil VAC for some visitor visas

"The purpose of the instrument is to clarify the types of former Subclass 600 (Visitor) visa (Subclass 600 visa) holders who can apply for a new Subclass 600 visa with a nil visa application charge (VAC) where their travel to Australia has been affected by the COVID-19 pandemic"

Cap on parent visas & other family visas

"The purpose of the instrument is to determine the maximum number of visas that may be granted for certain classes of visas in the financial year from 1 July 2020 to 30 June 2021. The instrument covers the following visa classes (with item numbers referring to items in Schedule 1 of the Migration Regulations 1994 (the Migration Regulations))".

Bridging visa conditions

The new Regulations "allow the Minister to impose a number of existing visa conditions, relating to the safety and security of the Australian community, on Subclass 050 (Bridging (General)) visas and Subclass 070 (Bridging (Removal Pending)) visas. The conditions may be imposed if the visa is granted by the Minister exercising his or her personal power under section 195A of the Migration Act to grant a visa to a detainee".

Clarifying international obligations for removal

The Bill that passed both houses on 13 May 2021 will amend the Migration Act 1958 (Cth) to "modify the effect of section 197C to ensure it does not require or authorise the removal of an unlawful non-citizen who has been found to engage protection obligations through the protection visa process unless"...

Facilitating onshore/offshore grant of parent visas

"The proposed amendments enable visa grants to some Parent visa applicants who are located in Australia, but who would be otherwise required to be outside Australia at the time of visa grant... The proposed amendments also enable visa grants to some Parent visa applicants who are located outside Australia, but who would otherwise be required to be in Australia at the time of visa grant".

Subclass 186: occupations & assessing authorities

"The purpose of the instrument is to update the specified assessing authorities in relation to the following occupations..."

New instrument: Capstone

"The instrument also amends IMMI 18/003 to reflect the fact that the Capstone Assessment examination must be passed before 1 January 2021. This is required because The College of Law Limited ceased to be a provider of the Capstone Assessment on 31 December 2020. However, as candidates have ..."

Arrangements for certain business skills visas

"The main purpose of the instrument is to specify the approved form (see the third column of the table in Schedule 1) for making a valid application for the following visa classes..."

VAC refunds for certain visas

"The purpose of the instrument is to specify circumstances under these provisions to allow refunds of the first instalment of visa application charge.  Refunds are being made available in respect of visa holders and former visa holders who have been impacted due to COVID-19 pandemic travel restrictions introduced on 20 March 2020 and hold, or have held, the following visas"

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