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Legislative Updates

Citizenship: special residence requirement

"The purpose of the instrument is to specify: activities for subparagraph 22A(1)(a)(i) of the Act, organisations for paragraph 22A(1)(b) of the Act, and kinds of work for paragraph 22B(1)(a) of the [Citizenship] Act."

Agriculture Workers

The new regulations "insert a new Australian Agriculture Worker stream in the Subclass 403 (Temporary Work (International Relations)) visa, to provide for the entry and temporary stay of workers across primary industry sectors including horticulture, meat processing, dairy, wool, grains, fisheries (including aquaculture) and forestry in response to identified labour market gaps and workforce needs in primary industry sectors now and in the future"

Arrangements for visitor visa applications

"The purpose of the instrument is to update the approved form, place and manner (“the arrangements”) requirements for making an application for a Visitor (Class FA) visa (Class FA visa)..."

AMEP: tuition eligibility for Afghan citizens

"As part of supporting this cohort, this instrument expands eligibility for tuition in approved English courses, known as the Adult Migrant Education Program (AMEP), to holders of Subclass..."

New TRA fees

"The purpose of the instrument is to specify under subregulation 5.40(1) of the Migration Regulations: the fees payable to TRA for an application of assessment of...

AAT: notice of motion for disallowance of instrument

On 24 August 2021, a Senator gave a notice of motion for disallowance of an important instrument concerning reviews by the Administrative Appeals Tribunal

Deadline for AAT review of decisions referred to in s 411(1)(e)

"Subsection 419(1) of the Migration Act provides that if an application for review of a decision under subsection 197D(2) of the Migration Act is made to the Administrative Appeals Tribunal (the Tribunal), the Tribunal must make its decision on review, and notify the applicant of the decision, within a prescribed period". The new Regulations specify that prescribed period.

Protecting working holiday makers from exploitation

"The [new Regulations] exclude work for specified businesses, which would be listed in a legislative instrument signed by the Minister, from counting towards eligibility for a second or third working holiday maker visa. The exclusion would only apply to work undertaken after the business is listed in the legislative instrument."

Time extension for sub 870 visa holders

"The amendments limit the adverse impact of COVID-19 related travel restrictions on holders of Subclass 870 visas who were outside Australia on 1 July 2021. These visa holders may have been granted the visa while outside Australia and now have difficulty in travelling to Australia, or may have left Australia while holding the visa but now have difficulty in returning.  The amendments assist these visa holders by allowing them additional time to travel to and stay in Australia when travel resumes."

New instrument on complying investments

The new instrument "specifies the investments permitted for certain streams for Subclass 188 (Business Innovation and Investment (Provisional)) visa and Subclass 888 (Business Innovation and Investment (Permanent)) visa under Australia’s Business Innovation and Investment Program (BIIP)"

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