AAT: notice of motion for disallowance of instrument

On 24 August 2021, a Senator gave a notice of motion for disallowance of an important instrument concerning reviews by the Administrative Appeals Tribunal

Migration Amendment (Strengthening the Character Test) Bill 2019

The amendments expand the character test from a sentence-based approach to a test that also involves convictions, whether or not they are followed by sentences.

New occupations for subclasses 189, 190, 489 & 485

38 occupations added to MLTSSL; 27 occupations removed from the STSOL, 6 of which moved to the MLTSSL; 18 occupations added to the ROL; all physicists are eligible (not only 'medical' physicists); changed skills assessing authorities for 5 occupations

Types of work exempted from criminal offence

The new instrument exempts certain types of work carried out by unlawful non-citizens in immigration detention from a criminal offence created under the Migration Act 1958 (Cth).

Subclass 494: nomination validity not 6 months

The new Subclass 494 (Skilled Employer Sponsored Regional (Provisional)) visa will "replace" subclass 187. However, r 5.19 of the Migration Regulations 1994 will not apply to the new subclass. Instead, nomination applications will need to satisfy the requirements in the newly introduced r 2.72C, which is very different to r 5.19. For instance, nomination applicants will need to be Standard Business Sponsors (or a party to a work agreement) for the new visa, which is not a requirement for subclass 187.

Pool & pass marks for subclasses 491, 189 and 190

The new instrument specifies the pool and pass marks for the following visa subclasses: 491, 189 and 190

Student visas: English tests & evidence exemptions

The new instrument amends "the definition of eligible pathway program and to specify by way of a Schedule, the list of registered courses that are an eligible pathway program"

A Bill to create the Administrative Review Tribunal

The Bill "would establish a new, fit-for-purpose, federal administrative review body, to be named the Administrative Review Tribunal (the Tribunal), which will replace the Administrative Appeals Tribunal (AAT)"

New VACs from 1 July 2023

The purpose of the new Regulations is to increase VACs for the majority of visas

Bridging visa conditions

The new Regulations "allow the Minister to impose a number of existing visa conditions, relating to the safety and security of the Australian community, on Subclass 050 (Bridging (General)) visas and Subclass 070 (Bridging (Removal Pending)) visas. The conditions may be imposed if the visa is granted by the Minister exercising his or her personal power under section 195A of the Migration Act to grant a visa to a detainee".

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