Legislative Updates

"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.

"The purpose of the instrument is to update the arrangements for making an application for a Skilled (Provisional) (Class VF) visa or for a Skilled (Provisional) (Class VC) visa"

The new Regulations "amend the Migration Regulations 1994 (the Migration Regulations) to address the ongoing impact of COVID-19 by providing for the extension of Subclass 300 (Prospective Marriage) visas" in certain circumstances

"The purpose of amendments to the Migration Regulations 1994 (the Regulations) is to give effect to the Government’s commitment to: a) allow certain Subclass 485 (Temporary Graduate) visa holders an additional duration of stay in Australia; and b) increase permitted work hours for Subclass 500 (Student) visa holders, and holders of associated bridging visas, from 40 hours to ..."

The new regulations "provide an opportunity for former international students to obtain another Subclass 485 (Temporary Graduate) visa - a kind of temporary work visa granted after study in Australia - in circumstances where they were unable to stay in Australia for the full period of grant of their previous Subclass 485 visa due to COVID-19 international travel restrictions"

"Schedule 1 makes routine amendments to the Citizenship Regulation to incorporate instruments made under the Migration Regulations updating the places and currencies in which citizenship application fees may be paid and the relevant exchange rates. Schedule 2 amends the Migration Regulations to allow the Minister responsible for skills assessment services to delegate the power to approve persons and bodies to be relevant assessing authorities, for the purposes of assessing the occupational skills of applicants for skilled visas. Schedule 3 amends the Migration Regulations to make a minor technical amendment".

The purpose of the new provision is to describe the visas that are COVID-19 affected visas. A working holiday maker visa is a COVID-19 affected visa if all of the following requirements are met...

Direction No 84 revokes Direction No 56: 'The purpose of this Direction is to guide decision makers performing functions or exercising powers under section 65, 414 or 415 of the Act when considering an application for the grant of a Protection visa and when reviewing a decision to grant a Protection visa.'

The new Regulations "strengthen the protections available to migrant workers to given them confidence to report workplace exploitation matters"

The new instrument provides for approved activities for the purposes of s 245AF(a) of the Migration Act 1958 (Cth)