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The new Subclass 494 visa will "replace" subclass 187 in November 2019. What happens if the existing nomination application is not approved? Understand whether it will be possible to link a new nomination application to an existing visa application and why.

"The purpose of the instrument is to specify the organisation ... for the purposes of the definition of independent expert in regulation 1.21 of the Migration Regulations..."

The new Bill strengthens "arrangements around skilled entry to Australia, by legislating income threshold requirements for skilled workers and amending the labour market testing provisions in the Migration Act. The amendments will promote transparency and worker mobility by introducing a public register of approved sponsors..."

New Direction No 81 (Order of Consideration – Certain Skilled Migration Visas): replaces Direction No 74; sets the order of processing of applications for visa subclasses 189, 190, 489, 186 and 187; sets the order of processing of nomination applications for visa subclasses 186 and 187

The purpose of the Act is to "improve and clarify the intended operation of the legislative framework for the giving of notices and other documents, and to remove restrictions on certain non-citizens from lodging a valid application for a protection visa". Part of the new Act commenced on 24 June 2023.

"The purpose of the Instrument is to specify institutions for the purposes of paragraph 476.212(b) and disciplines for the purposes of clause 476.212 of Schedule 2 to the Migration Regulations. The Instrument operates to enable recent engineering graduates to live, work or study in Australia for up to 18 months, subject to satisfying the criteria for grant of a subclass 476 visa. Graduates must have completed a degree or higher qualification from a specified institution."

The explanatory statement to the legislative instrument that created visa subclass 870 states that the new visa "is not intended to be a pathway to any other parent category visa". However, with respect, the legislation has not achieved that purpose. For instance, we explain how it is possible to apply for an 870 visa and then, while that application is pending, apply for a 143 visa, and vice-versa.

Among the new considerations to determine whether an applicant is a genuine applicant for entry and stay as a student, one of the two new Direction requires decision-makers to consider whether visa applicants "participated in assessment activities for the course"

'The purpose of the instrument is to update the language of the values statement for all visa subclasses specified to better reflect the values that are important to Australian society'

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?