Premium

A new instrument that commences on 25 Feb 2020: "The instrument operates for the Minister to specify classes of persons to whom subparagraph 1222(2)(a)(i) of Schedule 1 to the Regulations applies. For applicants included in these classes of persons, the first instalment of the visa application charge amount is nil... 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 Student (Temporary) (Class TU) 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".

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".

A new instrument that commences on 25 Feb 2020: "The Instrument operates for the Minister to specify the approved forms, and the place and manner for making a valid application for an Item 1222 Student (Temporary) (Class TU) visa... 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 Student (Temporary) (Class TU) 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".

"The amendments in the [new legislation on RMA application charges] ensure that a [registered migration agent] who paid the non-commercial application charge in relation to their current period of registration, but gives immigration assistance otherwise than on a non-commercial basis, is liable to pay an adjusted charge". The date of commencement of the new legislation is...

The "Deregulation" Bill passed the House of Reps on 12 Feb 2020 and was introduced and read a first time in the Senate on 13 Feb 2020. On 28 November 2019, the Senate referred the provisions of the Bill to the Legal and Constitutional Affairs Legislation Committee for inquiry and report by 18 March 2020. As a result, it is unlikely that the Senate will debate the Bill before 23 March 2020, which is the first sitting day following the report's deadline. We discuss in this article that the Deregulation Bill is not just about the deregulation of lawyers, but also includes other important changes.

"The main purpose of this Bill is to update specific references to short titles of regulations in the statute law of the Commonwealth that have become out of date due to the remaking or renaming of the regulations or that are at risk of becoming out of date in future due to remaking or renaming".

It is often said that, if PIC 4020 is contained in a time of decision (TOD) criterion under Schedule 2, only the TOD is relevant for the purposes of the look-back provisions in PIC 4020. But is that really the case?

"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.  Specifically, section 6 of the instrument includes three new free trade agreements made under ..." 

Sponsors' obligations and liabilities are a serious matter and practitioners should ensure that clients are made aware of them. For instance, sponsors are required to notify Immigration (not via email) when certain events occur, such as a change to any information provided in the sponsorship application. Lack of notification can result in the following sanctions against the sponsor: a bar; sponsorship cancellation; civil penalty order; and others. Further, the visa's expiry date is brought forward if the sponsorship is cancelled.

It is very common for clients to ask us questions such as: "would visa X give me access to Medicare and if so, would I have full benefits, or would there be some limitation?"; "would visa X allow my children to study in public schools?"; "would visa X give me access to welfare benefits?". And the list goes on. We discuss some of the implications of giving advice on matters in which we do not have the required knowledge and/or licence/registration.