Legislative Updates

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 instrument exempts certain types of work carried out by unlawful non-citizens in immigration detention from a criminal offence created under the Migration Act 1958 (Cth).

"The purpose of the instrument is to update the information previously contained in [the instrument to be repealed on 31 March 2020] to ensure all officers, agencies and their employees who require access to movement records for various purposes are authorised to do so. Accordingly, changes have been made to the legislation specified under subregulation 3.10A(1) and the agencies, employees and purposes specified under subregulation 3.10A(2)".

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

"Western Australia’s South West region will look to fill critical labour shortages for business and industry with the Federal Government creating a Designated Area Migration Agreement (DAMA) with the Shire of..."

Sch 2: Minister would be authorised to give documents through ImmiAccount; Sch 1: 'when an unlawful non-citizen is in the process of being removed to another country and the removal is aborted... and as a direct result the person is returned to Australia, then that person has a lawful basis to return to Australia without a visa'

"The purpose of the instrument is to specify circumstances under these provisions to allow refunds of the first instalment of visa application charge.  Refunds are being made available in respect of visa holders and former visa holders who have been impacted due to COVID-19 pandemic travel restrictions introduced on 20 March 2020 and hold, or have held, the following visas"

The Pacific Agreement on Closer Economic Relations Plus (PACER Plus) came into force on 13 December 2020. As a result, a legislative instrument based on the PACER Plus exempting individuals from Labour Market Testing requirements has commenced on the same day.

'The intention [of the new instrument] is to remove any uncertainty as to the number of weeks a course must be registered on the Commonwealth Register of Institutions and Courses for Overseas Students'

"The purpose of the [new] instrument is to undertake a biannual update of the places and corresponding currencies in which payment of a fee may be made".