Section 48: leaving and re-entering resets the bar?

Under s 48(3) of the Migration Act 1958 (Cth), a person who leaves and re-enters Australia while holding a BVB is taken to have been continuously in the MZ for the purposes of s 48. Thus, if a person leaves Australia, re-enters and applies for a visa, they are still s 48 barred. But does s 48(3) also apply to a person who leaves Australia on a BVB, applies for a visa and then re-enters Australia?

New legislative instrument on various visas

The new legislative instrument: increases the VAC for some visas; expands the group benefitting from transitional arrangements related to the closure of subclass 187; adds one of the new regional visas to the visas for which, unless there are compelling and compassionate circumstances, the Minister must be satisfied that an applicant claiming to be in a de facto relationship has been in that relationship for at least 12 months at time of application; ensures that eligible family members can join an application for one of the new regional visas after it is made and before it is decided.

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"The purpose of the instrument is to update the information previously contained in [the instrument to be repealed on 31 March 2020] to ensure all officers, agencies and their employees who require access to movement records for various purposes are authorised to do so.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

Fed Circuit Court: sharp increase in fees

"The Regulations specify the Federal Circuit Court application fee for migration litigants is increased from $690 to..."

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".

Expiry extension for prospective marriage visa

The new Regulations "amend the Migration Regulations 1994 (the Migration Regulations) to address the ongoing impact of COVID-19 by providing for the extension of Subclass 300 (Prospective Marriage) visas" in certain circumstances

Specified work & areas for subclass 417 visas

"The purpose of the instrument is to specify, under regulation 1.15FAA of the Regulations, areas of Australia and kinds of work for the definition of specified Subclass 417 work in regulation 1.03 of the Regulations"

Labour Market Testing: Jobactive replaced

"The amendment removes the Jobactive website ... as the mandatory manner for advertisement, and replaces it with the ..."

New TRA fees

The purpose of the new instrument is to specify the fees payable to TRA for assessment of a person’s occupational qualifications, experience, or both, and educational qualifications and the fees payable for the internal review of such assessments

Removal of health workforce certificate requirements: part 2

"The amendments made by this instrument enable employers to nominate a proposed occupation in relation to a person with one of the abovementioned ... occupations who is the holder of or who has applied for a Subclass 482 visa or Subclass 494 visa without being required to provide a HWC or HWEC"

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