Legislative Updates

A new instrument that commences on 25 Feb 2020: "The instrument operates for the Minister to: specify the approved forms, place and manner for making a valid visa application for a Visitor (Class FA) visa; and specify for the Approved Destination Status stream in the Visitor (Class FA) visa, which includes the  Subclass 600 (Visitor) visa, the travel agents that may organise a tour of which an applicant must be intending to travel to Australia as a member of  that tour. As a response to the cancellation of visas as a direct consequence of the Covid-19 pandemic, the instrument creates arrangements for ...".

A new instrument that commences on 25 Feb 2020: "The instrument operates for the Minister to specify classes of persons to whom subparagraph 1222(2)(a)(i) of Schedule 1 to the Regulations applies. For applicants included in these classes of persons, the first instalment of the visa application charge amount is nil... As a response to the cancellation of visas as a direct consequence of the Covid-19 pandemic, the instrument creates arrangements for applicants who are in Australia and who are former Student (Temporary) (Class TU) visa holders and whose visas were cancelled due to the risk of a Public Health Emergency of International Concern designated by the World Health Organisation, to the health, safety or good order the Australian community, or a segment of that community".

A new instrument that commences on 25 Feb 2020: "As a response to the cancellation of visas as a direct consequence of the Covid-19 pandemic, the instrument creates arrangements for applicants who are in Australia and who are former Visitor (Class FA) visa holders and whose visas were cancelled due to the risk of a Public Health Emergency of International Concern designated by the World Health Organisation, to the health, safety or good order the Australian community, or a segment of that community".

A new instrument that commences on 25 Feb 2020: "The Instrument operates for the Minister to specify the approved forms, and the place and manner for making a valid application for an Item 1222 Student (Temporary) (Class TU) visa... As a response to the cancellation of visas as a direct consequence of the Covid-19 pandemic, the instrument creates arrangements for applicants who are in Australia and who are former Student (Temporary) (Class TU) visa holders and whose visas were cancelled due to the risk of a Public Health Emergency of International Concern designated by the World Health Organisation, to the health, safety or good order the Australian community, or a segment of that community".

The "Deregulation" Bill passed the House of Reps on 12 Feb 2020 and was introduced and read a first time in the Senate on 13 Feb 2020. On 28 November 2019, the Senate referred the provisions of the Bill to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 18 March 2020. As a result, it is unlikely that the Senate will debate the Bill before 23 March 2020, which is the first sitting day following the report's deadline. We discuss in this article that the Deregulation Bill is not just about the deregulation of lawyers, but also includes other important changes.

"The main purpose of this Bill is to update specific references to short titles of regulations in the statute law of the Commonwealth that have become out of date due to the remaking or renaming of the regulations or that are at risk of becoming out of date in future due to remaking or renaming".

"The purpose of this instrument is to give domestic effect to Australia’s obligations under international trade agreements, to which it is a party, for the purposes of applying the labour market testing condition.  Specifically, section 6 of the instrument includes three new free trade agreements made under ..." 

The new instrument is made under paragraphs 5.36(1)(a) and (b), and 5.36(1A)(a) of the Migration Regulations 1994 (Cth). "Paragraph 5.36(1)(a) of the Regulations states that the payment of a fee, other than a visa application charge mentioned in regulation 5.36(3A) of the Regulations must be made in a place, being Australia or a foreign country, that is specified by the Minister in a legislative instrument". Another instrument also published today amends the above new instrument.

"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".

The new Regulations make important changes to the conditions imposed on visa subclasses 600 (visitor) and 870 (parent) and to the eligibility for merits review for subclass 870 applicants. Some of the changes commence on 19 December 2019 and some on 29 February 2020.