Premium

The purpose of the new instrument is to amend a drafting error

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.

"The purpose of the instrument is to undertake a biannual update of the places and corresponding currencies in which the payment of a fee...

The OMARA has recently informed practitioners that it will not be able to refund registration (or repeat registration) application charges for legal practitioners who will no longer be regulated by the OMARA. Although the OMARA is not itself able to offer refunds, we carried out research for our readers and found a piece of legislation which gives the Commonwealth government the discretion to make payments to individuals in certain circumstances, which in the case of OMARA fees could effectively work as a refund. We also discuss the government's policies on such circumstances and how to make a "refund" request.

"The purpose of the instrument is to undertake a biannual update of the foreign currency exchange rates"

From 1 July 2020, credit card surcharges relating to visa and citizenship applications will be increased, as detailed in this update. It is important to know the precise amount of charges and fees to be paid by clients in order to comply with cl 2.20(a) of the Code, which reads as follows: A registered migration agent must ... find out the correct amount of any visa application charge and all other fees or charges required to be paid for a client’s visa application...

The purpose of the new instrument commencing on 26 May 2020 concerning bridging visas is to amend a drafting error in the repealed instrument

A Bill introduced and read a first time in the House of Representatives on 14 May 2020 would "amend the Migration Act 1958 (Migration Act) to allow the Minister to determine that a thing is a prohibited thing in relation to immigration detention facilities and detainees (whether or not they are in an immigration detention facility). These things may include controlled drugs (as defined in the Criminal Code Act 1995) and prescription drugs not taken by the person to whom they are prescribed, mobile phones, Subscriber Identity Module (SIM cards), and internet-capable devices".

"The purpose of the instrument is to provide a pathway for certain former and current holders of temporary visas to lawfully remain in Australia and who would otherwise be required to depart Australia who, but for the COVID-19 pandemic, are unable to leave Australia. The instrument limits the class of persons who can be granted the visa to those who hold a visa that is 28 days or less from ceasing to be in effect, or held a visa that is no more than 28 days from ceasing to be in effect. It further limits the class of persons to those who are unable to apply for the same temporary visa they hold or held or any other subclass of temporary visa other than the Subclass 408 visa".

"I will also say a very clear message to those backpackers who may not be adhering to the social distancing rules... [Y]ou will be breaching your visa condition and if we find that out, we will be kicking you out of the country". We discuss whether non-compliance with social distancing rules can in fact lead to a breach of a visa condition and ultimately the cancellation of a working holiday, work and holiday or other visas.