Premium

"The purpose of the instrument is to update the eligibility for certain classes of applicants to make an application for Temporary Protection (Class XD)...

"This Bill seeks to amend the Migration Act 1958 to enable applicants for Subclass 309 (Partner (Provisional)) visas to be granted the visa onshore,...

The purpose of the new instrument is to designate a country as a regional processing country

"The purpose of this instrument is to specify that the visa application charge is nil for applicants for a ..."

Understand why more and more subclass 407 visa application refusals are not reviewable by the AAT under s 338(2) of the Migration Act 1958. Can anything be done about it? Maybe...

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 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".

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.

"The instrument specifies bodies as Regional Certifying Bodies, who can give advice to the Minister about the matters set out in subregulation 2.72C(18) of the Regulations, in relation to applications for approval of an nomination for a subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa".

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".