New CPD requirements for RMAs

"The purpose of the instrument is to specify certain matters relating to the Continuing Professional Development (CPD) requirements for registered migration agents and CPD providers..."

Labour Market Testing: Jobactive replaced

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

Unlawful non-citizen necessarily s 48 barred?

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.

New workplace justice visa

The new Regulations "implement a new workplace justice visa that enables a temporary migrant to remain in Australia for a period of time to undertake a workplace justice activity... The Workplace Justice Visa is one component of a range of measures that the Government is introducing to address migrant worker exploitation..."

Arrangements for visitor visa applications

"The purpose of the instrument is to update the approved form, place and manner (“the arrangements”) requirements for making an application for a Visitor (Class FA) visa (Class FA visa)..."

Family violence provisions for skilled visas

The new regulations "insert family violence provisions into Schedule 2 criteria for certain Skilled visas. This allows for the grant of a visa to a secondary applicant (and members of their family unit) for certain Skilled visas where the secondary applicant’s spouse or de facto relationship with a primary applicant has ended, and there was family violence committed by the primary applicant"

Specified subclass 417 work exemption

"The purpose of the instrument is to specify the kinds of passports, held by applicants for second or third Subclass 417 (Working Holiday) visas for the purposes of subitem 1225(3BA) of Schedule 1 to the Migration Regulations. This cohort will be exempt from the requirements for making a valid application for a second or third Subclass 417 (Working Holiday) visa..."

Coronavirus: visitor visa application arrangements

A new instrument that commences on 25 Feb 2020: "As a response to the cancellation of visas as a direct consequence of the Covid-19 pandemic, the instrument creates arrangements for applicants who are in Australia and who are former Visitor (Class FA) visa holders and whose visas were cancelled due to the risk of a Public Health Emergency of International Concern designated by the World Health Organisation, to the health, safety or good order the Australian community, or a segment of that community".

Daily Maintenance Amount for Persons in Detention

"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".

Strengthening reporting protections

The new instrument specifies the following matters for the purpose of s 116(1)(b) of the Migration Act 1958 (Cth): "the persons, bodies or government entities that may issue a certificate as to a matter of workplace exploitation; and the kind of matters relating to workplace exploitation that may be set out in the certificate"