AAT on deregulation: action required

The Tribunal is requiring Australian legal practitioners with pending migration matters to take the steps described in this article, due to the commencement of deregulation

Facilitating onshore/offshore grant of parent visas

"The proposed amendments enable visa grants to some Parent visa applicants who are located in Australia, but who would be otherwise required to be outside Australia at the time of visa grant... The proposed amendments also enable visa grants to some Parent visa applicants who are located outside Australia, but who would otherwise be required to be in Australia at the time of visa grant".

Subclass 186: occupations & assessing authorities

"The purpose of the instrument is to update the specified assessing authorities in relation to the following occupations..."

New instrument: Capstone

"The instrument also amends IMMI 18/003 to reflect the fact that the Capstone Assessment examination must be passed before 1 January 2021. This is required because The College of Law Limited ceased to be a provider of the Capstone Assessment on 31 December 2020. However, as candidates have ..."

Hidden & potentially significant consequences of deregulation to lawyers

With respect, it appears that Parliament did not consider some unintended, but potentially significant, consequences of the "deregulation legislation". For instance, the Department will no longer be required, in some circumstances, to communicate with non-RMA lawyers, even if informed that they are both the representative and authorised recipient, as we explain in this article. It is true that, although the Department will not be required to communicate with the non-RMA lawyer in those circumstances, it might be very likely to do so anyway. However, who would like to take the risk, even if very low?

Arrangements for certain business skills visas

"The main purpose of the instrument is to specify the approved form (see the third column of the table in Schedule 1) for making a valid application for the following visa classes..."

VAC refunds for certain visas

"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"

Sub 408: post covid-19 economic recovery event

"The purpose of the instrument is to specify an Australian Government endorsed event and a class of persons in relation to that event for the purpose of clause 408.229 of Schedule 2 to the Migration Regulations"

Nil VAC for certain 482/TSS applicants

"Former holders of a Subclass 482 (Temporary Skill Shortage) visa (Subclass 482 visa) or Subclass 457 (Temporary Work (Skilled)) visa (Subclass 457 visa) will be able to apply for a Temporary Skill Shortage (Class GK) visa (Class GK visa) with a nil visa application charge (VAC) where they are within the circumstances specified in the instrument"

New arrangements Work & Holiday (sub 462)

"The purpose of the instrument is to update the following requirements in relation to applications for Work and Holiday (Temporary) (Class US) visas (Class US visas): the list of countries where an applicant is exempt from providing evidence of home government support; the education requirements for applicants from various countries; and the place and manner for making an application".

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