Legislative Updates

The new instrument: "extends previously granted temporary skilled and temporary graduate visas (Subclasses 457,482, 485), and provides for future grants of those visas to be for five years, if ..."; "creates pathways to permanent residence for temporary skilled and temporary graduate visa holders from..."; and "brings forward the commencement of Schedule 3 to the Migration Amendment (New Skilled Regional Visas) Regulations 2019 from 16 November 2022 to..."

"Refunds are being made available to certain persons who continue to be adversely impacted by COVID-19 related travel difficulties and hold, or have held, a Subclass 300 Prospective Marriage (Temporary) visa (Prospective Marriage visa)"

Section 278A of the Migration Act 1958 (Cth) provides that a restricted legal practitioner can apply for an extension of the period of 2 years within which to be an RMA. The MARA can give an extension if it considers it reasonable to do so in the circumstances, including (but not limited to) the ones to be set out in an instrument. The instrument has now been registered.

"The purpose of the instrument is to specify: activities for subparagraph 22A(1)(a)(i) of the Act, organisations for paragraph 22A(1)(b) of the Act, and kinds of work for paragraph 22B(1)(a) of the [Citizenship] Act."

The new regulations "insert a new Australian Agriculture Worker stream in the Subclass 403 (Temporary Work (International Relations)) visa, to provide for the entry and temporary stay of workers across primary industry sectors including horticulture, meat processing, dairy, wool, grains, fisheries (including aquaculture) and forestry in response to identified labour market gaps and workforce needs in primary industry sectors now and in the future"

"The purpose of the instrument is to update the approved form, place and manner (“the arrangements”) requirements for making an application for a Visitor (Class FA) visa (Class FA visa)..."

"As part of supporting this cohort, this instrument expands eligibility for tuition in approved English courses, known as the Adult Migrant Education Program (AMEP), to holders of Subclass..."

"The purpose of the instrument is to specify under subregulation 5.40(1) of the Migration Regulations: the fees payable to TRA for an application of assessment of...

On 24 August 2021, a Senator gave a notice of motion for disallowance of an important instrument concerning reviews by the Administrative Appeals Tribunal

"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.