Bill could prohibit internet and mobiles in detention

A Bill introduced and read a first time in the House of Representatives on 14 May 2020 would "amend the Migration Act 1958 (Migration Act) to allow the Minister to determine that a thing is a prohibited thing in relation to immigration detention facilities and detainees (whether or not they are in an immigration detention facility). These things may include controlled drugs (as defined in the Criminal Code Act 1995) and prescription drugs not taken by the person to whom they are prescribed, mobile phones, Subscriber Identity Module (SIM cards), and internet-capable devices".

New instrument on sub 408 & COVID-19

"The purpose of the instrument is to provide a pathway for certain former and current holders of temporary visas to lawfully remain in Australia and who would otherwise be required to depart Australia who, but for the COVID-19 pandemic, are unable to leave Australia. The instrument limits the class of persons who can be granted the visa to those who hold a visa that is 28 days or less from ceasing to be in effect, or held a visa that is no more than 28 days from ceasing to be in effect. It further limits the class of persons to those who are unable to apply for the same temporary visa they hold or held or any other subclass of temporary visa other than the Subclass 408 visa".

Can non-compliance with social distancing lead to cancellation?

"I will also say a very clear message to those backpackers who may not be adhering to the social distancing rules... [Y]ou will be breaching your visa condition and if we find that out, we will be kicking you out of the country". We discuss whether non-compliance with social distancing rules can in fact lead to a breach of a visa condition and ultimately the cancellation of a working holiday, work and holiday or other visas.

New instrument on child visa

The purpose of the instrument is to update the specified place and manner for making an application for the following visas subclasses: 101 (child), 102 (adoption), 117 (orphan relative), 802 (child), 837 (orphan relative) and 445 (dependent child).

New instrument on movement records

"The purpose of the instrument is to update the information previously contained in [the instrument to be repealed on 31 March 2020] to ensure all officers, agencies and their employees who require access to movement records for various purposes are authorised to do so.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)".

28-day “grace period” for student visa applicants?

It is sometimes said by applicants that a person who remains in Australia after their student visa expires has a 28-day "grace period" during which they remain lawful non-citizens. We explain why that is not the case.

New Home Affairs legislation

"Schedule 1 makes routine amendments to the Citizenship Regulation to incorporate instruments made under the Migration Regulations updating the places and currencies in which citizenship application fees may be paid and the relevant exchange rates. Schedule 2 amends the Migration Regulations to allow the Minister responsible for skills assessment services to delegate the power to approve persons and bodies to be relevant assessing authorities, for the purposes of assessing the occupational skills of applicants for skilled visas. Schedule 3 amends the Migration Regulations to make a minor technical amendment".

Subs 491 & 494: new instrument

The purpose of the new instrument is "to update the place and manner of lodgement for applications for the Subclass 491 (Skilled Work Regional (Provisional)) visa in the Skilled Work Regional (Provisional) (Class PS) class of visa" and to "update the definition of departmental email and repeal the definition of official departmental email address to provide clarity regarding an official departmental email address" for visa class PE (subclass 494).

Sub 417: specified areas of Australia & kinds of work

The new instrument commences on 5 Mar 2020: "One of the purposes of the instrument is to specify... areas of Australia affected by bushfires occurring after 31 July 2019 and before 1 March 2020 as regional Australia. Another purpose of the instrument is to specify ... bushfire recovery work carried out after 31 July 2019 in an area specified [in the instrument] either as paid employment or voluntary work, as specified work. Bushfire recovery work is defined in ... the instrument".

Sub 462: specified areas of Australia & kinds of work

The new instrument commences on 5 Mar 2020: "One of the purposes of the instrument is to specify... areas of Australia affected by bushfires occurring after 31 July 2019 and before 1 March 2020 as areas of Australia. Another purpose is to specify bushfire recovery work as work undertaken, including work undertaken on a volunteer basis, carried out after 31 July 2019 in an area specified ... as a kind of work. Bushfire recovery work is defined in ... the instrument... The last purpose is to specify construction work as a kind of work for areas specified in [the instrument], in alignment with specified work for Subclass 417 (Working Holiday) visa".

Copyrighted Image