Selected Legislation Changes July - December 2023

Change Details Effective From
 Payment of fees and charges in foreign currencies

Migration (Payment of visa application charges and fees in foreign currencies) Instrument (LIN 23/004) 2023: https://www.legislation.gov.au/Details/F2023L00805

Migration (Places and currencies for paying of fees) Instrument (LIN 23/005) 2023: https://www.legislation.gov.au/Details/F2023L00806

 01 July 2023
Visa application charges increase

Migration Amendment (Visa Application Charges) Regulations 2023: https://www.legislation.gov.au/Details/F2023L00831

The purpose is to amend the Migration Regulations 1994 (the Migration Regulations) to increase VACs for the majority of visas. 

01 July 2023
Citizenship application fees increase

Australian Citizenship Amendment (Indexation of Citizenship Application Fees) Regulations 2023: https://www.legislation.gov.au/Details/F2023L00822

The purpose of this amendment is to increase fees for certain Australian citizenship applications in order to keep pace with the cost of processing applications and delivering the Citizenship Program.

01 July 2023
Tribunal fees increase

Annual federal courts and tribunals fee increases from 1 July 2023 https://www.legislation.gov.au/Details/C2023G00663

AAT Migration decisions other than relating to protection visas - fee $3,374.00

AAT Migration decisions relating to protection visas - fee $2,076.00

01 July 2023
Duration of 485 visa, Student visa work rights

Migration Amendment (Extension of Subclass 485 (Temporary Graduate) Visa and Increase in Subclass 500 (Student) Visa Work Hours) Regulations 2023: https://www.legislation.gov.au/Details/F2023L00821

Changes to the duration of Temporary Graduate visas

The extended stay will be implemented from 1 July 2023. Current settings, detailed in published policy, will be increased by two years. This will extend post study stay in Australia from:

- two years to four years for select Bachelor degrees
- three years to five years for select Masters degrees
- four years to six years for all Doctoral degrees.


Existing settings for regional and remote Australia will also be maintained, and where relevant, will be eligible for the additional two years.

The visa periods that will apply under policy, to 485 visa applications made from 1 July 2023, will be as follows, subject to any future decisions of Government to change these policies:

·         a Temporary visa in the Graduate Work steam will be granted for 2 years (This was temporarily increased from 18 months on 1 December 2021 in response to COVID-19, and this measure ceases on 2 September 2023). However, Hong Kong and British National (Overseas) passport holders are granted visas valid for five years (subsequent to Government concessions announced in 2020 and 2021, which include dedicated pathways to permanent residence);

·         The first Temporary Graduate visa in the Post-Study Work stream will be granted for a period based on eligible Australian qualifications:

o   Bachelor degree – two years (or four years if specified qualifications are held);

o   Masters Degree – three years (or five years if specified qualifications are held);

o   Doctoral degree – six years (all doctoral degrees will be covered).

·         However, Hong Kong and British National (Overseas) passport holders will be granted first Temporary Graduate visas in the Post-Study Work stream valid for five years. This reflects the existing concessions;

·         A Temporary Graduate visa in the Post-Study Work stream, based on study and residence in a regional centre or other regional area, will be granted for two years (on the basis previously set out in clauses 485.511 and 485.512A) or for four years if: (i) specified  qualifications are held; (ii) the additional two years has not been provided on a previous Temporary Graduate visa; and (iii) the applicant does not hold a Hong Kong passport or a British National (Overseas) passport;

·         A Temporary Graduate visa in the Post-Study Work stream, based on study and residence in a designated regional area, will be granted for one year (on the basis previously set out in clauses 485.512 and 485.512B) or for three years if: (i) specified  qualifications are held; (ii) the additional two years has not been provided on a previous Temporary Graduate visa; and (iii) the applicant does not hold a Hong Kong passport or a British National (Overseas) passport;

·         A Temporary Graduate visa in the Replacement stream will be granted for the same period as the visa that is being replaced (i.e. the COVID-19 affected visa), and two years will be added if: (i) specified  qualifications are held; (ii) the additional two years has not been provided on a previous Temporary Graduate visa; and (iii) the applicant does not hold a Hong Kong passport or a British National (Overseas) passport;

·         A Temporary Graduate visa in the Post-Study Work stream, based on a ‘nil’ VAC application, will be granted for two years.  The two year period will be calculated from the date that the visa held at time of application was originally scheduled to cease. The purpose of the nil VAC visa is to provide a two year extension to the visa held by the applicant at that time, because they hold a specified degree.

 

 

Migration (Specified Qualifications Applicable for Extension of Subclass 485 Visa) Instrument (LIN 23/048) 2023 https://www.legislation.gov.au/Details/F2023L00916

This instrument specifies the qualifications that entitle certain graduates from Australian educational institutions to apply for an additional Subclass 485 Temporary Graduate visa in the Post-Study Work stream at no cost – i.e. without paying a visa application charge (VAC).

 

 

Changes to the permitted hours of work for Student visa holders

The amending Regulations increase the permitted hours of work for holders of Subclass 500 (Student) visas, and for holders of associated bridging visas, from 40 hours per fortnight to 48 hours per fortnight. 

The background and context to this change is as follows:

  • Student visa work restrictions were relaxed throughout the COVID-19 pandemic, and completely removed in January 2022 to allow primary and secondary student visa holders to work over their normal limit of 40 hours per fortnight to address workforce shortages;
  • At the Jobs and Skills Summit in September 2022, the Government announced that the relaxed enforcement would continue until 30 June 2023. After 30 June 2023, work hours for international students would be capped again. The number of hours would be subject to consultation with peak bodies across industry and education sectors, with a view to striking the right balance between work and study;
  • A working group was established to advise the Ministers for Home Affairs and Education on this matter as part of their remit to consider the extension of post study work rights for international graduates.
  • In their report to the Government, the working group recommended increasing the cap to 48 hours per fortnight. This recommendation was supported by the Government.
  • In an announcement on 21 February 2023, the Government clarified that the cap on work hours would again be enforced from 1 July 2023, however the period of work allowed per fortnight would be increased from 40 hours to 48 hours. The Government considers 48 hours a fortnight as an appropriate balance between work and study, acknowledging that study is the primary purpose of the Student visa.
  • The Government also announced that student visa holders already working in the aged care sector on 9 May 2023 can continue to work unrestricted hours in the aged care sector until 31 December 2023. This is being implemented by not enforcing the condition for those who fall within this category.
01 July 2023
Overseas Organ Transplant Disclosure

Migration Amendment (Overseas Organ Transplant Disclosure and Other Measures) Bill 2023 https://www.legislation.gov.au/Details/C2023B00110

This Bill amends the Migration Act 1958 (the “Migration Act”) to better inform the Commonwealth of Australia about persons entering Australia who have received an organ transplant and to enable certain relevant information to be made publicly available. It also amends the Migration Act to allow the Minister to refuse to grant, or to cancel, a person’s visa if the Minister reasonably suspects the person has been involved in conduct constituting an offence involving organ trafficking.

BILL ONLY
Strengthening Employer Compliance

Migration Amendment (Strengthening Employer Compliance) Bill 2023 https://www.legislation.gov.au/Details/C2023B00108

The proposed amendments seek to ensure employers do not misuse migration rules to exploit temporary migrant workers.

BILL ONLY
Health Matrix / Medical Assessment

Migration (Required Medical Assessment) Amendment Instrument (LIN 23/042) 2023: https://www.legislation.gov.au/Details/F2023L00848

The purpose of LIN 23/042 is to amend IMMI 15/144 by:

·           updating the country list under Column A of Schedule 1 and Column A of Schedule 2 based on low and high Tuberculosis risk countries; and

·           introducing an express requirement for a Serum Creatinine/eGFR test for the classes of person specified in IMMI 15/144 pursuant to paragraphs 4005(1)(aa) and 4007(1)(aa) of the Migration Regulations.

Compilation: https://www.legislation.gov.au/Details/F2023C00541

01 July 2023
189NZ stream closed

Migration Amendment (Subclass 189 (Skilled—Independent) Visa in the New Zealand Stream) Regulations 2023 https://www.legislation.gov.au/Details/F2023L00853

 amends the Migration Regulations 1994 (the Migration Regulations) to permanently close the Subclass 189 (Skilled – Independent) visa in the New Zealand Stream to new primary applications. Partners and dependants of primary applicants may still join an undecided application.

01 July 2023
Giving Documents

Migration Amendment (Giving Documents and Other Measures) Act 2023 https://www.legislation.gov.au/Details/C2023A00026

Proclamation: https://www.legislation.gov.au/Details/F2023N00438

Original bill: https://www.legislation.gov.au/Details/C2023B00076

The purpose is to:

  • improve certainty and consistency in the giving of cancellation-related documents, including by requiring all cancellation-related documents to be given in writing, and confirming that the regulations can prescribe methods for giving such documents;
  • ensure that where the Minister gives a document to a person under the Migration Act or Migration Regulations 1994 (Regulations) and makes an error in doing so, the giving of the document is valid where the person actually receives the document; and the document is taken to have complied with requirements as to the content of the document where the Minister has substantially complied with those content requirements and the error does not cause substantial prejudice to the relevant person’s rights (including, but not limited to, rights to seek review in connection with the matter to which the document relates);
  • repeal Subdivision AK of Division 3 of Part 2 (Subdivision AK) of the Migration Act to remove the prohibition on non-citizens who are nationals of two or more countries and certain other cohorts making a valid application for a protection visa.  

 Schedule 2 - 24 June 2023

Schedule 1 - 1 November 2023

Giving Documents - Regulations

Migration Amendment (Giving Documents) Regulations 2023 https://www.legislation.gov.au/Details/F2023L01392

amends the Migration Regulations 1994 (the Migration Regulations) to clarify the requirements relating to the giving of documents relating to the proposed cancellation, cancellation or revocation of the cancellation of a visa (cancellation-related documents).

1 November 2023

ITO relating to LMT

Migration (International trade obligations relating to labour market testing) Determination (LIN 21/075) 2021: https://www.legislation.gov.au/Details/F2023C00507

- compilation reflecting Migration (International trade obligations relating to labour market testing – Australia-United Kingdom Free Trade Agreement) Amendment Determination (LIN 22/098) 2022.

31 May 2023

417 - UK applicants - increased age to 35

Migration (Arrangements for subclass 417 visa applications) Amendment Instrument (LIN 23/047) 2023 https://www.legislation.gov.au/Details/F2023L00888

This instrument is to expand the eligibility requirements for United Kingdom applicants for a Subclass 417 visa, by increasing the age from 30 to 35.

01 July 2023

TSMIT increase to $70,000pa

Migration (Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment Instrument (LIN 23/045) 2023 https://www.legislation.gov.au/Details/F2023L00921 amends Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Instrument 2018

The amendments made by this instrument implement a commitment made before the 2022 federal election. The lifting of the TSMIT from $53,900 to $70,000 is the amount the TSMIT would have been, had it been indexed annually since 2013.

Compilation: https://www.legislation.gov.au/Details/F2023C00644

01 July 2023

408 AGEE Covid-19 closure

Migration (COVID-19 Pandemic event for Temporary Activity (Subclass 408) visa) Amendment Instrument (LIN 23/061) 2023: https://www.legislation.gov.au/Details/F2023L01167 amends LIN 22/046

Compilation: https://www.legislation.gov.au/Details/F2023C00848

The purpose of the instrument is to amend LIN 22/046 to gradually close the COVID-19 pandemic event 408 visa to new applications from 2 September 2023. This is designed to encourage individuals to apply for a more appropriate visa to meet their individual circumstances.

02 September 2023

 Innovation and Early Careers Skills Exchange Pilot (IECSEP) - Australia - UK

New short term opportunities for early career and innovative UK citizens to work and live in Australia under the AustraliaUnited Kingdom Free Trade Agreement (A-UKFTA).
https://www.dfat.gov.au/sites/default/files/a-ukfta-innovation-early-careers-skills-exchange-pilot-iecsep.pdf

https://www.dfat.gov.au/publications/trade-and-investment/benefits-tech-entrepreneurs-and-innovators/iecsep

There are two application streams under the IECSEP ( Applicants can come from any sector.):

• Early Careers stream – tertiary qualified UK citizens aged 21-45 can undertake a placement, secondment or intra-corporate transfer for up to a year in Australia in a position relevant to their field of work.

• Innovation stream – highly experienced and skilled UK citizens with a demonstrated contribution to innovation, can undertake employment opportunities for up to three years in Australia.

Applications will be lodged online and will be processed by the Department of Foreign Affairs and Trade. To live and work in Australia, successful IECSEP applicants will need to be granted a visa by the Department of Home Affairs. The Department of Foreign Affairs and Trade will provide successful IECSEP applicants with a Letter of Support to present to the Department of Home Affairs to support their visa application. IECSEP applicants will apply for a Temporary Work (International Relations) Government Agreement stream subclass 403 visa and need to meet the requirements of this visa. 

 
Removal of health workforce certificate requirements from Skilled Occupation Lists (186, 187, 494, 482)

 LIN 23/065: Migration (Removal of health workforce certificate requirements) Amendment Instrument (LIN 23/065) 2023 https://www.legislation.gov.au/Details/F2023L01250 amends:

- LIN 19/047 Subclass 187 Visa https://www.legislation.gov.au/Details/F2019L00276
 Compilation: https://www.legislation.gov.au/Details/F2023C00976

- LIN 19/049 Subclass 186 Visa https://www.legislation.gov.au/Details/F2019L00275
Compilation: https://www.legislation.gov.au/Details/F2023C00992

LIN 23/067: Migration (Removal of health workforce certificate requirements) Amendment Instrument (LIN 23/067) 2023 (No. 2) https://www.legislation.gov.au/Details/F2023L01249 amends:

- LIN 19/048 Subclass 482 Visa https://www.legislation.gov.au/Details/F2019L00274
Compilation: https://www.legislation.gov.au/Details/F2023C00985

- LIN 19/219 Subclass 494 Visa https://www.legislation.gov.au/Details/F2019L01403
Compilation: https://www.legislation.gov.au/Details/F2023C00994

 The purpose is to remove the requirement for employers to provide a health workforce certificate (HWC) or a health workforce exemption certificate (HWEC) for the medical occupations:

- general practitioner (ANZSCO code: 253111);
- resident medical officer (ANZSCO code: 253112); and
- medical practitioners (nec) (ANZSCO code: 253999).

 16 September 2023
Evidence of financial capacity - 500 Student visa

LIN 23/070: https://www.legislation.gov.au/Details/F2023L01349

Compilation: https://www.legislation.gov.au/Details/F2023C00940

The purpose of LIN 23/070 is to amend LIN 19/198 to revise and increase the amount of funds required to be evidenced by a Subclass 500 visa applicant or Subclass 590 visa applicant, to reflect the current cost of living pressures that Subclass 500 and Subclass 590 visa holders will be subject to once they arrive in Australia. This will help to reduce the number of international students experiencing financial hardship while in Australia, and ensure that they have adequate financial support for the duration of their studies.

(a)      The amount of living costs and expenses required for an applicant seeking to meet the primary criteria for a Subclass 500 visa or Subclass 590 visa under clauses 500.214 or 590.216, respectively:

-       an increase from AUD21,041 to AUD24,505;

(b)      The living costs for a spouse or de facto partner of an applicant under clauses 500.214 or 590.216:

-       an increase from AUD7,362 to AUD8,574;

(c)      The living costs for each dependent child:

-       an increase from AUD3,152 to AUD3,670;

(d)      The annual school costs for each school-aged dependent child:

-       an increase from AUD8,296 to AUD9,661;

(e)      The personal annual income for a primary applicant if there is no secondary applicant:

-       an increase from AUD62,222 to AUD72,465;

(f)       The personal annual income for a primary applicant where there is a secondary applicant:

-       an increase from AUD72,592 to AUD 84,543

 1 October 2023
Resolution of Status

Migration Amendment (Resolution of Status Visa) Regulations 2023 https://www.legislation.gov.au/Details/F2023L01393

This instrument enables permanent residence to be granted to certain cohorts of Temporary Protection and Safe Haven Enterprise Visa applicants, holders and former holders whose individual circumstances were not included in previous amendments, and enhance the ability to verify an applicant’s identity and, if identity issues are found, permit a new protection obligations assessment under some circumstances:

-                     persons who held a TPV or SHEV on the TPV/SHEV transition day, but who failed to apply for a RoS visa before their TPV or SHEV ceased, who were previously unable to apply for a RoS visa;

-                     initial TPV or SHEV applicants (who do not have their own claims for protection, but are a family member of a person who does) who were previously unable to have their TPV or SHEV application converted to a RoS visa application if the family member is found to engage protection obligations;

-                     persons who did not hold a TPV or SHEV on the TPV/SHEV transition day, but who had held a TPV or SHEV before that day, who were previously unable to have their TPV or SHEV application converted to a RoS visa application; and

-                     persons who have previously made a valid application for a TPV or SHEV which was finalised, but who have never held a TPV or SHEV, and who were previously unable to have the current TPV or SHEV application converted to a RoS visa application.

Schedule 2 to the Amendment Regulations inserts new time-of-decision criteria in the RoS visa to allow the Minister to investigate and respond to identity related concerns.

19 October 2023
Visa Pre-application Process - Charges

Migration (Visa Pre-application Process) Charge Act 2023 https://www.legislation.gov.au/Details/C2023A00085
An Act to impose a charge on the registration of a person as a registered participant in a visa pre-application process, and for related purposes

 after Migration Amendment (Australia’s Engagement in the Pacific and Other Measures) Act 2023 comes in effect
Australia’s Engagement in the Pacific and Other Measures

Migration Amendment (Australia’s Engagement in the Pacific and Other Measures) Act 2023 https://www.legislation.gov.au/Details/C2023A00086

 waiting for proclamation
 Reporting requirements regarding overseas organ transplants

Migration Amendment (Overseas Organ Transplant Disclosure and Other Measures) Bill 2023 https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=s1384

The Bill amends the Migration Act to place new requirements on a person entering Australia to answer questions in their incoming passenger card regarding overseas organ transplants. They will need to declare whether they have received an organ transplant outside Australia within the last 5 years. If the person has received any organ transplants outside Australia within the last 5 years, they will be required to provide the name, and the place (as in the country, and the town or city) of the medical facility where each of those organ transplants took place.

This measure will help to improve the Australian Government’s ability to collect reliable data in relation to organ transplants upon persons entering Australia. It will provide much needed data and information about the occurrence, scale and location of potential illegal and unethical organ transplants, assist the Australian Government to monitor potential human rights abuses, and support the work of the Australian Government in combatting organ trafficking.

BILL ONLY
The government response to the High Court decision in NZYQ, a cohort of detainees with character issues have been released from detention

Migration Amendment (Bridging Visa Conditions) Act 2023 https://www.legislation.gov.au/Details/C2023A00093

Explnatory memorandum: https://www.legislation.gov.au/Details/C2023B00170/Explanatory%20Memorandum/Text
https://parlinfo.aph.gov.au/parlInfo/download/legislation/ems/r7114_ems_78ddce5e-0329-4111-958d-7da135dd3666/upload_pdf/JC011495.pdf;fileType=application%2Fpdf
https://parlinfo.aph.gov.au/parlInfo/download/legislation/ems/r7114_ems_bb7b1d94-e868-45d1-9e69-ea2530ac37f0/upload_pdf/Supplementary%20EM_23214_QN100.pdf;fileType=application%2Fpdf

The Government has introduced this amendment to the Migration Act 1958 with the objective of keeping the community safe and to strengthen the BVR framework to support the effective management of the migration status of this cohort.

A BVR permits eligible non-citizens whose removal is currently not reasonably practicable, to lawfully remain in Australia pending removal. The Department may use a BVR where a non-citizen in the NZYQ-affected cohort has no entitlement to remain in Australia and is unlikely to qualify for any other visa. The BVR includes requirements for the person to engage and cooperate with the Department to facilitate their removal from Australia.

 18 November 2023
The government response to the High Court decision in NZYQ, a cohort of detainees with character issues have been released from detention - technical amendments

Migration Amendment (Bridging Visa Conditions) Regulations 2023 https://www.legislation.gov.au/Details/F2023L01629

The Migration Amendment (Bridging Visa Conditions) Regulations 2023 (the Amendment Regulations) amend the Migration Regulations 1994 (the Migration Regulations) to:

· make technical amendments to provisions enabling the Minister to grant a Bridging R (Class WR) visa (BVR) without application; and

· make amendments consequential to amendments of the Migration Act that would be made by the Migration and Other Legislation Amendment (Bridging Visas, Serious Offenders and Other Matters) Act 2023 (Serious Offenders Act); and

· set out the operation and application of certain visa conditions which must be applied to a Subclass 070 (Bridging (Removal Pending)) visa (BVR) in certain circumstances; and

· provide for periodic review of the imposition of certain visa conditions (including curfews and monitoring devices), to ensure appropriate and effective consideration of the visa conditions necessary to manage the risk posed by a BVR holder to the Australian community.

8 December 2023
Further government response to the High Court decision in NZYQ

Migration and Other Legislation Amendment (Bridging Visas, Serious Offenders and Other Measures) Act 2023 https://www.legislation.gov.au/Details/C2023A00110

An Act to amend the law relating to migration, and to protect the Australian community from serious offenders, and for related purposes.

8 December 2023
The court to make an order to cease a dual citizen's Australian citizenship

Australian Citizenship Amendment (Citizenship Repudiation) Act 2023 https://www.legislation.gov.au/Details/C2023A00109

- to enable the Minister to make an application to request that a court exercises its power to make an order to cease a dual citizen’s Australian citizenship, where the person has been convicted of a serious offence or offences. 

 8 December 2023
Expanding Access to Temporary Residence Transition Stream)

Migration Amendment (Expanding Access to Temporary Residence Transition Stream) Regulations 2023 https://www.legislation.gov.au/Details/F2023L01543

This instrument amends the Migration Regulations 1994 to expand pathways to permanent residence for temporary skilled workers:

- expands access to the TRT streams of the Subclass 186 or 187 visas for all holders of SC 482 and SC 457 visas, regardless of the stream in which their visa is held
- reduces the length of the eligibility period that is required for approval of a nomination in the TRT stream eligibility period to 2 years in 3 years
- removes the requirement for the occupation identified in the nomination to be on the relevant skilled occupation list, ensuring that applicants under the TRT stream are not disadvantaged if their occupation is removed from the relevant occupation list
- allows all employers including parties to a work agreement who sponsored a worker under a labour agreement, to make a nomination under the TRT stream
removes the limit on the number of Subclass 482 visa applications in the Short term stream that can be made in Australia 

LIN 23/078: Migration Legislation Amendment (Expanding Access to Temporary Residence Transition Stream) Instrument (LIN 23/078) 2023 https://www.legislation.gov.au/Details/F2023L01531

LIN 23/078 amends the definitions for the classes of persons who are exempt from or are not required to meet the age requirement. (amend LIN 19/216)
Compilation: https://www.legislation.gov.au/Details/F2023C01171

LIN 23/078 removes skilled occupation list for 186TRT stream - amends LIN 19/049

LIN 23/078 repeals LIN 19/047 (187 skilled occupation list)

LIN 23/078 removes a number of covid-19 related concessions - repeals LIN 22/038.

25 November 2023
Covid-19 Concession Period Ends

LIN 23/063 Migration (Ending the COVID-19 Concession Period) (LIN 23/063) Specification 2023 https://www.legislation.gov.au/Details/F2023L01542

This instrument specifies 25 November 2023 as the end day of the concession period introduced by the former Government on 19 September 2020, during which time various concessions in relation to visas were provided as a response to the COVID-19 Pandemic.

More info: https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1147

25 November 2023
Location Requirements for Grant of Visas 820/309/485

Migration Amendment (Location Requirements for Grant of Visa) Regulations 2023 https://www.legislation.gov.au/Details/F2023L01544

- to provide flexibility to certain visa applicants by allowing them to be either in or outside Australia at the time of visa grant, recognising the mobility of modern travellers who may have moved locations before a visa is granted. This would provide flexibility in relation to applications for Partner visas and Temporary Graduate visa

- provides 309 Partner visa applicants the ability to apply for merits review in their own right

25 November 2023
ART (Administrative Review Tribunal) Bill

Administrative Review Tribunal Bill 2023 
https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r7117
https://www.legislation.gov.au/Details/C2023B00205

Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Bill 2023 
https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r7127
https://www.legislation.gov.au/Details/C2023B00206

The Administrative Review Tribunal Bill 2023 (the Bill) would establish a new, fit-for-purpose, federal administrative review body, to be named the Administrative Review Tribunal (the Tribunal), which will replace the Administrative Appeals Tribunal (AAT).  

The Tribunal would be made up of eight jurisdictional areas: General, Intelligence and Security, Migration, National Disability Insurance Scheme, Protection, Social Security, Taxation and Business and Veterans’ and Workers’ Compensation. 

It would also re-establish the Administrative Review Council. The Council’s functions would include monitoring the integrity of the Commonwealth administrative review system, inquiring into and reporting on systemic challenges in administrative law, and supporting education and training for Commonwealth officials in relation to administrative decision-making and the administrative law system.

BILLS ONLY
2024 ASEAN-Australia Special Summit

LIN 23/084: Migration (Australian Government Endorsed Event—2024 ASEAN-Australia Special Summit) Instrument (LIN 23/084) 2023 https://www.legislation.gov.au/Details/F2023L01630

This instrument specifies the 2024 ASEAN-Australia Special Summit as an Australian Government endorsed event for the purpose of clause 408.229(b) of Schedule 2 to the Migration Regulations 1994. It also specifies the class of persons in relation to that event and specifies a nil visa application charge applies.

9 December 2023
LMT streamline

LIN 23/072: Migration (LIN 18/036: Period, manner and evidence of labour market testing) Amendment (LIN 23/072) Determination 2023 https://www.legislation.gov.au/Details/F2023L01643 amends LIN 18/036 

Compilation: https://www.legislation.gov.au/Details/F2023C01149

This instrument amends the Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018 to streamline the labour market testing (LMT) requirements by updating the manner in which LMT in relation to a nominated position must be undertaken. (Workforce requirement removed)

11 December 2023
Migration Strategy Announcement

The Government’s Migration Strategy was released on 11 December 2023 and outlines a new vision for Australia’s migration system, with a policy roadmap containing 8 key actions and over 25 new policy commitments and areas for future reform. This Migration Strategy is informed by extensive consultation with business, unions and other stakeholders, and more than 450 submissions received as part of the Review of the Migration System.​​

https://immi.homeaffairs.gov.au/what-we-do/migration-strategy

Direct link to download pdf: Migration-strategy_11122023

Fact sheet - Student (500) and Graduate (485) Visa Migration-strategy-student-and-graduate-visa-measures-fact-sheet

 
Maximum number of Subclass 476 visas in 2023-24

LIN 23/089: Migration (Granting of Skilled—Recognised Graduate (Subclass 476) Visas in Financial Year 2023–2024) (LIN 23/089) Determination 2023 https://www.legislation.gov.au/Details/F2023L01735

This instrument determines the maximum number of Subclass 476 visas that may be granted in the 2023/2024 financial year. Once the maximum number of visas is reached all remaining applications that are still awaiting decision will be taken not to have been made by operation of section 39 of the Migration Act 1958.

22 December 2023
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Recent News

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    13.12.2022

    Applicants are not required to satisfy the New Zealand stream specific criteria relating to a period of residence in Australia, minimum taxable income and health. In addition, family members of primary applicants who made a Subclass 189 (Skilled – Independent) visa application in the New Zealand stream prior to the commencement of the Amendment Regulations are also not required to satisfy the health criteria. This applies to only already lodged application before 10 December 2022. More info in the legislative update summary

     



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    14.5.2021

    The updated legislation dealing with 408 Covid-19 Pandemic Visa came in effect today.

    We have prepared a structured summary of requirements for this visa on our website: http://visa.ozhome.info/visa/408-covid-19-pandemic




  • Priority Migration Skilled Occupation List - September 2020

    7.9.2020

    The Priority Migration Skilled Occupation List (PMSOL) identifies 17 occupations which fill critical skills needs that support Australia’s economic recovery from COVID-19 based on expert advice from the National Skills Commission and consultation with Commonwealth departments. More info here

  • New GSM points test 16 November 2019

    31.7.2019

    We prepared a new interactive GSM points test that will be in place after 16 November 2019 - check your points score here



  • New skilled occupation lists 11 March 2019

    12.3.2019

    New occupation lists came in force on 11 March 2019




Older »

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. 

The Code of Conduct:

(a) protects clients of migration agents; and

(b) strengthens the integrity of the immigration advice industry and Australia’s immigration system.


Provision for a Code of Conduct for migration agents is set out in Section 314 of the Migration Act 1958.

https://www.legislation.gov.au/Details/F2021L01856

Consumer protection - see MARA Consumer Guide.

We Are a Member of the MIA

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.

You will find us...

OZ HOME MIGRATION

Ales Welter  MARN 1464306

Level 15 Corporate Centre One

2 Corporate Court

Bundall QLD 4217

OZ HOME MIGRATION

Ales Welter  MARN 1464306

Level 2 Kings Court

8-12 King St

Rockdale NSW 2216

Website Photos

We would like to thank Marian Riabic who has provided photographs to our website. Marian can be contacted on 0417 774 174 if you are interested in his photos.