Legislative Updates

The new Regulations allow applicants for two visa subclasses to be either in or outside Australia at the time of visa grant and amend who can apply for merits review for one of those subclasses

The new Regulations "amend the Migration Regulations 1994 (the Migration Regulations) to expand access to the Temporary Residence Transition (TRT) stream of the Subclass 186 (Employer Nomination Scheme) visa (Subclass 186 visa). The changes also apply to the TRT stream of the Subclass 187 (Regional Sponsored Migration Scheme) visa (Subclass 187 visa)."

This instrument specifies the date for the purposes of paragraph 1.15N(1)(b) of the Migration Regulations 1994 (Cth), as the day on which the COVID-19 concession period ends

Among the many changes, the new instrument amends the definitions for the classes of persons who are exempt from or are not required to meet the age requirement for visa subclasses 186, 187 and 494

"The Bill will establish new criminal offence provisions, in relation to certain conduct by non-citizens in the NZYQ affected cohort that constitutes a serious breach of visa conditions, relating to the failure to comply with certain requirements to ..."

The new regulations "provide the Minister with a discretion to cancel the same specified visas in Australia in circumstances where it is reasonably believed that there has been an attempt to..."

"The Regulations provide for the calculation of refunds by determining the difference between relevant amounts set out in..."

"The amendments made to the Migration Regulations by the Regulations are technical amendments which are consequential to those made by the Amendment Act. They clarify the operation of the relevant regulations and thereby provide transparency and predictability in the operation of the legislation."

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

The new Certificate defers the sunsetting date of a legislative instrument "to enable the Department to evaluate the need for amendments to the family violence provisions, evaluate the need for any changes relating to the independent expert, and draft a new instrument, while avoiding having to remake the instrument twice in a short period of time"