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Legislative Updates

New instrument on sub 408 & COVID-19

"The purpose of the instrument is to provide a pathway for certain former and current holders of temporary visas to lawfully remain in Australia and who would otherwise be required to depart Australia who, but for the COVID-19 pandemic, are unable to leave Australia. The instrument limits the class of persons who can be granted the visa to those who hold a visa that is 28 days or less from ceasing to be in effect, or held a visa that is no more than 28 days from ceasing to be in effect. It further limits the class of persons to those who are unable to apply for the same temporary visa they hold or held or any other subclass of temporary visa other than the Subclass 408 visa".

New instrument on values statement

'The purpose of the instrument is to update the language of the values statement for all visa subclasses specified to better reflect the values that are important to Australian society'

Citizenship: concession codes and fee payment

The new Regulations 'allow citizenship application fees ... and refunds ... to be paid in foreign currencies and in foreign countries, and [align] the concession codes in Schedule 3 with the concession codes currently employed by the Department of Human Services'

Deregulation Bill stalls in Senate

We previously announced that the Deregulation Bill was scheduled to be debated in the Senate on 18 September 2018. However, plans have changed and it has not been debated at all this sitting week. Parliament sits again on 15 October 2018.

New instrument: international trade & LMT

"The purpose of the instrument is to determine Australia’s obligations under international trade agreements under subsection 140GBA(2) of the Act, to give domestic effect to...

New arrangements for protection visa applications

This instrument updates the arrangements for lodging visa applications for these three visa classes: Protection (Class XA) visa; Temporary Protection (Class XD) visa; Safe Haven Enterprise (Class XE) visa

Deferral of sunsetting: RMA legislation

"The Certificate defers the sunsetting date of the following instruments by 24 months from..."

Amending the definition of ‘Australian seabed’

Timor Sea Maritime Boundaries Treaty Consequential Amendments Bill 2018

Extension of temporary graduate and skilled regional provisional visas

The new instrument amends the Migration Regulations 1994 (Cth) to "extend previously granted temporary graduate and skilled regional provisional visas whose holders have been impacted by COVID-19 related international travel restrictions in place from..." and to "extend certain Subclass 489 (Skilled – Regional (Provisional)), Subclass 491 (Skilled Work Regional (Provisional)) and Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visas for three years"

Clarifying international obligations for removal

The Bill that passed both houses on 13 May 2021 to 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" has received the Royal Assent and will commence on...

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