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Common mistake: "An unlawful non-citizen is necessarily barred under s 48 of the Migration Act 1958 (Cth) from making an application for most visa classes while in the migration zone". With respect, we explain why that assertion is wrong.

The regulations "amend the Migration Regulations 1994 (the Migration Regulations) to allow for persons affected by the High Court’s decision in Love v Commonwealth; Thoms v Commonwealth (2020) 270 CLR 152 (Love) who have accepted an offer of permanent stay in Australia made by the Australian Government to be granted a permanent visa, the Subclass 851 (Resolution of Status) (RoS) visa..."

The intent of the new instrument "is to ensure that the Department can process the ‘complying investment’ criteria in Subclass 188 and Subclass 888 visa applications that were made prior to 31 July 2024 but are not yet finally determined"

"The instrument operates to determine the daily amount applicable to a person for the cost of keeping and maintaining the person in immigration detention at a specified place for a specified period. Subsection 262(3) of the [Migration] Act requires the amount to be no more than the cost to the Commonwealth of detaining a person at that place for that period".

Common mistake: "If incorrect information is provided as part of visa application X and that visa is granted, visa X can be cancelled under s 109 of the Migration Act 1958, but if the same applicant applies for visa Y without providing incorrect information and that visa is granted, visa Y cannot be cancelled under s 109".

The purpose of this instrument is to enable applicants from a specific country to make valid applications for a Subclass 462 visa without providing evidence of support from the government of that country

"The purpose of the instrument is to determine Australia’s obligations under international trade agreements under subsection 140GBA(2) of the Act, to give domestic effect to...

The new Regulations "support the transition to the ART. Most amendments ... broadly have the effect of standardising the way reviews of reviewable migration and protection decisions are conducted with reviews of other types of decisions. The Amending Regulations also specify the requirements for properly making an application to the ART (a necessary precondition to invoking the Tribunal’s jurisdiction) and make other minor amendments aimed at improving efficiency for the ART or to simplify drafting in the Migration Regulations..."

"By making a legislative instrument under subclauses 4005(3) and 4007(1B), the Minister can exclude the cost of specified ... from the consideration of costs under...

"The purpose of the instrument is to specify the English language requirements to be satisfied to meet the criteria for a Subclass 476 (Skilled – Recognised Graduate) visa or Subclass 485 (Temporary Graduate) visa under clauses 476.213 and 485.212"