Legislative Updates

"The Regulations address legal issues the High Court found in relation to clause 070.612A in its judgment in the case of YBFZ v Minister for Immigration, Citizenship and Multicultural Affairs & Anor (S27/2024) (YBFZ) on 6 November August 2024. The amendments require the imposition of visa conditions 8621, 8617, 8618 and/or 8620 only where ..."

The new instrument commenced on 1 January 2022 and makes changes to: the list of eligible countries; instances where approval from a foreign country is required; & more

The Minister has made an arrival control determination under the new s 84E of the Migration Act 1958 (Cth) The new Migration (Arrival Control) Determination...

The new regulations "introduce a new permanent Subclass 192 (Pacific Engagement) visa (the Pacific Engagement visa). The Pacific Engagement visa will provide access to permanent residence in Australia for citizens of a number of Pacific island countries and Timor-Leste, and members of their family units"

"The Government is taking action to strengthen the legislative framework in the Migration Act to improve employer compliance and protect temporary migrant workers from exploitation. The ... amendments ... seek to ensure employers do not misuse migration rules to exploit temporary migrant workers ..."

The new instrument commences on 5 Mar 2020: "One of the purposes of the instrument is to specify... areas of Australia affected by bushfires occurring after 31 July 2019 and before 1 March 2020 as areas of Australia. Another purpose is to specify bushfire recovery work as work undertaken, including work undertaken on a volunteer basis, carried out after 31 July 2019 in an area specified ... as a kind of work. Bushfire recovery work is defined in ... the instrument... The last purpose is to specify construction work as a kind of work for areas specified in [the instrument], in alignment with specified work for Subclass 417 (Working Holiday) visa".

'The [Bill] will facilitate the secure, automated and accountable exchange of identity information between the Commonwealth and state and territory governments, pursuant to the objectives of the Intergovernmental Agreement on Identity Matching Services (IGA), agreed by COAG in October 2017. The Bill will achieve this by providing explicit legal authority for the Department of Home Affairs ... to collect, use and disclose identification information'

"The purpose of the instrument is to specify the ... as an AGEE under paragraph 408.229(b) of Schedule 2 to the Migration Regulations"

"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."

"it was identified that further amendments were required to address gaps in the legislative scheme, to ensure that all intended eligible persons are covered..."