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The new instrument specifies the application form and the deadline for that application. If the visa applicant is onshore, the deadline is calculated by reference to the date of approval by the Minister to lodge the application while onshore. If the visa applicant is offshore, the deadline is calculated by reference to the date of approval  (or variation) of the sponsorship.

The explanatory statement to LIN 20/029 reads: "The purpose of this instrument is to give domestic effect to Australia’s obligations under international trade agreements, to which it is a party, for the purposes of applying the labour market testing condition". Parts of LIN 20/029 commenced on 17 Jan 2020 and 11 Feb 2020. The remaining part of LIN 20/029, which concerns the Indonesia-Australia Comprehensive Economic Partnership Agreement (IACEPA), commenced on 5 July 2020. Understand why.

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...

As discussed in a previous article, if a subclass 870 visa holder who is overseas applies for a further 870 visa, they must be overseas for a number of days by reference to the "relevant departure day". But how to calculate the "relevant departure day"?

"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)..."

"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..."

The new instrument includes new rules for establishing non-judicially determined claims of family violence

"The purpose of the instrument is to specify an Australian Government endorsed event and a class of persons in relation to that event for the purpose of clause 408.229 of Schedule 2 to the Migration Regulations"

"The purpose of this instrument is to enhance the quality, integrity and competitiveness of Australia’s international education sector by providing for post-study work arrangements for applicants conferred or awarded a specified degree by a specified institution"

It is commonly said that a BVE holder cannot apply for, and obtain, a BVA. With respect, we explain why that is not necessarily true.