Legislative Updates

Some aspects of the deregulation Bill have gone unnoticed by most practitioners, such as its floating transitional period.

A Bill that discourages practitioners to leave charities and work solely on a non-commercial basis.

The government has proposed in the Senate that the commencement date of the 'Deregulation Bill' be amended from 19 November 2018 to 30 June 2019.

The Bill is planned to be debated in the Senate on 18 September, according to the Department of Prime Minister and Cabinet. It separates immigration lawyers from agents and provides a transitional period for agents who become lawyers.

The Bill is scheduled to be debated in the Senate on 19 September. It introduces a framework that facilitates the sharing of personal information, requires approval of persons as family sponsors and imposes obligations and sanctions on them.

Although the new provision makes it lawful for employers to disclose to the Department the tax file numbers of applicants, holders or former holders of certain visas to be prescribed, it does not oblige them to do so.

If sponsors fail to satisfy their sponsorship obligations, their information could be published, potentially leading to significant reputational damage. Practitioners should frequently (and accurately) remind their corporate clients of those obligations, bearing in mind that the changes will operate retrospectively from 18 March 2015.

The article recently published on the changes made to s 338(2) of the Migration Act has prompted industry discussions, with some practitioners arguing that those changes will not affect the AAT eligibility of TSS applicants. The writer respectfully disagrees, as s 57 not always applies.

Part 2 of the Migration and Other Legislation Amendment (Enhanced Integrity) Act 2018 brings changes to the circumstances in which a subclass 482 visa refusal is reviewable by the AAT. If s 57 of the Migration Act is not enlivened and the TSS application is refused, the visa applicant might not be eligible for merits review.