Legislative Updates

The new instrument "repeals the Migration (LIN 21/002: Places and Currencies for Paying of Fees) Instrument 2021 as in force on 1 January 2021 and operates to specify the place in which a fee (excluding visa application charges mentioned in subregulation 5.36(3A) of the Regulations) must be paid and to specify the currency in which a fee must be paid in that place, being Australia or a foreign country, for the purpose of paragraphs 5.36(1)(a) and (b) of the Regulations as at 1 July 2021"

"This instrument amends the Migration Regulations 1994 (the Migration Regulations), to make it easier for applicants for a Subclass 189 (Skilled – Independent) visa in the New Zealand stream to satisfy the annual income requirement"

The new instrument specifies: the minimum amount of taxable income for an income year that a primary applicant for a subclass 189 visa in the New Zealand stream must meet; the circumstances under which an applicant for a subclass 189 visa is a member of a class of applicants exempt from the minimum amount of taxable income specified and the evidence required for the class.

"The purpose of this instrument is to ... expand the class of persons specified in subsection 8(3) to capture people who are ...; and amend the class of persons specified in subsection 8(1) to allow for an application for a Subclass 408 visa to be made if the person holds a ..."

The new Bill "amends the Migration Act 1958 (the Migration Act) to provide that if the Minister makes certain character decisions under current subsection ... in relation to a person, then the Minister must cause notice of the making of the decision to be laid before each House of the Parliament within 15 sitting days of that House after the day the decision was made"

"The purpose of the instrument is to clarify the types of former Subclass 600 (Visitor) visa (Subclass 600 visa) holders who can apply for a new Subclass 600 visa with a nil visa application charge (VAC) where their travel to Australia has been affected by the COVID-19 pandemic"

"The purpose of the instrument is to determine the maximum number of visas that may be granted for certain classes of visas in the financial year from 1 July 2020 to 30 June 2021. The instrument covers the following visa classes (with item numbers referring to items in Schedule 1 of the Migration Regulations 1994 (the Migration Regulations))".

The new Regulations "allow the Minister to impose a number of existing visa conditions, relating to the safety and security of the Australian community, on Subclass 050 (Bridging (General)) visas and Subclass 070 (Bridging (Removal Pending)) visas. The conditions may be imposed if the visa is granted by the Minister exercising his or her personal power under section 195A of the Migration Act to grant a visa to a detainee".

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...

"The proposed amendments enable visa grants to some Parent visa applicants who are located in Australia, but who would be otherwise required to be outside Australia at the time of visa grant... The proposed amendments also enable visa grants to some Parent visa applicants who are located outside Australia, but who would otherwise be required to be in Australia at the time of visa grant".