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The Instrument specifies the approved forms for making a valid application for the following visa subclasses: 188 (temporary business innovation and investment); 888 (permanent business innovation and investment); 132 (business talent); 124/858 (distinguished talent)

According to the explanatory memorandum to the Bill introduced on 19 September 2019, "a person who is a national or citizen of a country other than Australia ceases to be an Australian citizen if the person acts inconsistently with their allegiance to Australia by" engaging in certain type of conduct. Is this Bill a further erosion of the "sacred" concept of citizenship? Could it become a "slippery slope" towards citizenship cancellation on less serious, more subjective grounds?

"The purpose of the instrument is to remove the reference to special purpose visas (SPVs) granted to a person on the grounds that they are a crew member, or a spouse, de-facto partner or dependant of a crew member, of a non-military ship. These grounds have no longer been available for the granting of SPVs since 1 January 2008. The reference is therefore redundant".

The explanatory statement to the legislative instrument that created visa subclass 870 states that the new visa "is not intended to be a pathway to any other parent category visa". However, with respect, the legislation has not achieved that purpose. For instance, we explain how it is possible to apply for an 870 visa and then, while that application is pending, apply for a 143 visa, and vice-versa.

Applications for the new subclass 191 visa will be open from 16 November 2022. One of the Schedule 1 requirements for that visa is that the applicant has held a 491 visa for 3 years or a 494 visa for 3 years. But if, for instance, a person has held a 491 visa for 2 years and a 494 visa for 1 year, will that person be eligible for visa 191?

The new instrument specifies the Australian Government Endorsed Event (AGEE) and classes of persons for the purposes of a Subclass 408 visa.

The new Subclass 494 visa will "replace" subclass 187 on 16 November 2019. What will be the SAF amount for the new subclass? On what circumstances will the SAF for subclass 187 be refundable?

The new Subclass 494 visa will "replace" subclass 187 on 16 November 2019. However, that does not necessarily mean that 187 nomination and visa applications must be made before that date.

"Under paragraph 050.212(8)(c) of Schedule 2 to the Regulations, the reasons for the delay in making an application for a Protection (Class XA) visa must be acceptable to the Minister. The instrument operates to specify a class of persons who are not required to satisfy the Minister with an acceptable reason for a delay in making an application for a Protection (Class XA) visa".

The visa conditions for the new subclass 494 are completely different and much more strict compared to subclass 187. For instance, subclass 494 visa holders: will need to commence work within 90 days; will not be able to cease employment for more than 90 days; will need to notify Immigration of any change to their phone number or email address; etc. And the list of requirements goes on. Non-compliance might lead to visa cancellation.