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One of the requirements for the grant of a prospective marriage visa (subclass 300) is that the applicant still intends to marry the Australian/PR/NZ citizen at the time of decision. But if they marry before the visa is granted, is that visa automatically "converted" into a partner visa application?

Common mistake: "a no further stay condition must be waived for most visa applications and can only be waived if compelling or compassionate circumstances have developed". Actually: a waiver is not always required; in cases where it is required, compelling or compassionate circumstances are sometimes unnecessary; a waiver is even given by default by ImmiAccount in many cases where compelling or compassionate circumstances are unnecessary.

Common mistake: It is commonly said that a BVA can only be granted if a person makes a substantive visa application while that person is onshore, but a closer look at the relevant legislative provisions reveals otherwise.

Common mistake: "If incorrect information is provided as part of visa application X and that visa is granted, visa X can be cancelled under s 109 of the Migration Act 1958, but if the same applicant applies for visa Y without providing incorrect information and that visa is granted, visa Y cannot be cancelled under s 109".

Obviously, "time of application" (TOA) provisions set out the criteria applicants must meet with reference to the time of application. However, can TOA provisions change after an application is made in a way that impacts the applicant's eligibility? Readers might be surprised with the answer.

'The [Bill] will facilitate the secure, automated and accountable exchange of identity information between the Commonwealth and state and territory governments, pursuant to the objectives of the Intergovernmental Agreement on Identity Matching Services (IGA), agreed by COAG in October 2017. The Bill will achieve this by providing explicit legal authority for the Department of Home Affairs ... to collect, use and disclose identification information'

'This Bill amends the Australian Passports Act 2005 ... to provide a legal basis for ensuring that the Minister is able to make Australian travel document data available for all the purposes of, and by the automated means intrinsic to, the identity-matching services to which the Commonwealth and the States and Territories agreed in the Intergovernmental Agreement on Identity Matching Services'

'[The Bill] makes consequential amendments to legislation administered by the Department of Social Services, the Department of Education and the Attorney-General’s Department, to give effect to Government policy that holders of provisional skilled regional visas, which come into effect on 16 November 2019, to have ...'

'The instrument differs from the repealed instrument by clarifying that the form for applying for approval as a family sponsor, Form 1501, is an internet form; and by including a specification of the form and fee for making an application for variation of approval of terms as a parent sponsor'

The 190-page "Callinan Report" on the review of the AAT could bring about profound changes to clients' eligibility for bridging visas and the way we run Tribunal matters. This article summarises the recommendations and observations that will be of most interest to practitioners.