Migration Legislation Amendment (2016 Measures No. 1) Regulation 2016

Source: https://www.legislation.gov.au/Details/F2016L00523

The purpose of the Regulation is to amend the Migration Regulations 1994 (Migration Regulations) to:

  • Address inappropriate use of the Subclass 457 programme by imposing an obligation on standard business sponsors to require them not to engage in recruitment practices which discriminate against potential employees on the grounds of immigration status or citizenship;

  • Streamline the processing of Subclass 457 visa applications by requiring visa applicants to enter details of a nomination by a sponsor or proposed sponsor when making internet visa applications;

  • Remove visa criteria which require provision of evidence of English language proficiency by Subclass 457 visa applicants who are already required to demonstrate such proficiency to obtain occupational registration or licensing;

  • Clarify that in deciding whether there are compelling reasons for giving special consideration to granting a Subclass 202 (Global Special Humanitarian) visa to an applicant, where the applicant has been proposed by an individual proposer, the Minister must have regard to the capacity of the Australian community to provide for the permanent settlement of persons such as the applicant in Australia;

  • Introduce a simplified international student visa framework which would:
    • reduce the current eight student visa subclasses to two visa subclasses: Subclass 500 (Student) and Subclass 590 (Student Guardian);
    • streamline application and processing requirements for student visa applicants, in particular by making criteria common to all applicants, including criteria relating to enrolment, English language requirements, financial capacity, and genuineness of  application for entry and stay as a student;
    • simplify a range of requirements including enrolment requirements, financial requirements, and requirements relating to visas previously held if the application is made in Australia;
    • repeal the provisions relating to the current regulatory assessment level framework and streamlined processing provisions and introduce new requirements to strengthen the integrity of the programme by providing a larger range of factors for decision makers to assess genuineness and the need for individuals to provide evidence of financial and English proficiency;
    • revise a condition placed on student visas to make it clear to visa holders what kinds of courses they are permitted to undertake while holding the particular visa and when a change of course would require them to apply for a new student visa; and
    • make other amendments to repeal duplicate and redundant provisions and clarify the operation of the relevant provisions.  

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Migration Agents Code of Conduct

The Code of Conduct for registered migration agents is set out in legislation to regulate the conduct of registered migration agents (direct link here). 

It prescribes obligations of migration agents towards their clients.

Provision for a Code of Conduct for migration agents is set out in Section 314 of the Migration Act 1958 and is prescribed in Schedule 2, Regulation 8 of the Migration Agents Regulations 1998.

Consumer protection - see MARA Consumer Guide.

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Migration Institute of Australia

Ales Welter (MIA:10623) is a member of the Migration Institute of Australia (MIA). MIA members must abide by a Code of Ethics and Practice which is designed to protect members and the reputation of the profession by assisting agents to maintain the highest standards of professionalism.

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Ales Welter, MARN 1464306

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