Migration Amendment (Strengthening Sponsorship and Nomination Processes) Bill 2024 https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r7224

Consistent with the Government’s Migration Strategy (released on 11 December 2023), the TSMIT will be replaced under the new Skills in Demand visa with a Core Skills Income Threshold (CSIT), set in alignment with the TSMIT and a Specialist Skills Income Threshold (SSIT), set at a higher amount to reflect specialist skills required by those occupations.

The Bill will also make amendments to the Migration Act to:

·          provide that labour market testing be completed within 6 months (increased from 4 months) prior to the sponsor of a skilled migrant worker lodging a nomination;

·          for the proposed temporary Skills in Demand visa, legislate income thresholds of:

o    a SSIT of $135,000 for highly skilled specialists, to ensure Australia can quickly recruit top talent; and

o    a CSIT of $73,150 for persons that are nominated for occupations that are in national shortage or where Australia has committed to providing access to our labour market in relation to that occupation through international trade agreements;

·          provide the annual indexation of the income thresholds which would be implemented on 1 July each year. The indexation will reflect changes in the trend figure for Average Weekly Ordinary Time Earnings;

·          provide that the income threshold for an applicant with essential skills will be worked out in accordance with the Migration Regulations, unless the Minister has specified an amount in writing that an employer must pay in relation to the applicant;

·          provide for the publication of a register of approved standard business sponsors and accredited sponsors who have nominated skilled workers for entry to Australia, including the sponsor’s business name, and Australian Business Number, postcode, the number of individuals nominated under the sponsorship approval process and the occupations of the nominated workers.

Migration Amendment (Workplace Justice Visa) Regulations 2024 https://www.legislation.gov.au/F2024L00837/latest/text

- to implement a new workplace justice visa that enables a temporary migrant to remain in Australia for a period of time to undertake a workplace justice activity. The Workplace Justice Visa operates as a new clause in the subclass 408 (Temporary Activity) visa. Under policy, a Workplace Justice Visa may generally be granted for a period to allow the holder the right to remain in Australia for a minimum period of 6 months or up to 12 months (within a maximum available period of 4 years available under the Migration Regulations).  The visa is only available to temporary migrants in Australia, and who have certification regarding their workplace exploitation matter from a participating government entity or accredited non-government party.  Workplace Justice Visa holders will be able to work in order to support themselves while they pursue workplace justice. Members of their family unit who are in Australia are also able to apply for this visa.

Migration (Class of Persons for Nil VAC—Workplace Justice Visa) Instrument (LIN 24/056) 2024 https://www.legislation.gov.au/F2024L00831/latest/text

The purpose of this instrument is to specify that the visa application charge is nil for applicants for a Workplace Justice visa.

Migration (Strengthening Reporting Protections—LIN 24/057) Instrument 2024 https://www.legislation.gov.au/F2024L00919/latest/text

The Strengthening Reporting Protections Regulations amended the Migration Regulations to prescribe matters that the Minister must have regard to in determining under paragraph 116(1)(b) of the Migration Act 1958, whether to cancel certain temporary visas for a breach of a visa condition in certain circumstances. The Strengthening Reporting Protections Regulations also prescribe:

• circumstances in which the visa of a temporary migrant worker who has been subject to a workplace exploitation matter must not be cancelled (non-discretionary protection); and
• where the non-discretionary circumstances do not apply – matters that the Minister must have regard to when determining whether to cancel the visa of a temporary migration worker (discretionary protection).

Migration (Workplace Justice Visa—LIN 24/055) Instrument 2024 https://www.legislation.gov.au/F2024L00918/latest/text

The Migration Amendment (Workplace Justice Visa) Regulations 2024 (the Workplace Justice Visa Regulations) amended the Migration Regulations on 1 July 2024. The Workplace Justice Visa Regulations established a new clause under the subclass 408 Temporary Activity Visa in Schedule 2 of the Migration Regulations for a workplace justice visa. The workplace justice visa enables a temporary migrant worker to remain in Australia for a period of time to undertake a workplace justice activity in relation to a matter of workplace exploitation. Further information about the Workplace Justice Visa Regulations can be found in the Explanatory Statement for those Regulations on the Federal Register of Legislation.

As amended by the Workplace Justice Visa Regulations, the Migration Regulations provide for a legislative instrument to be made by the Minister to specify the following matters:

• the persons, bodies or government entities that may issue a certificate as to a matter of workplace exploitation;
• the kind of matters relating to workplace exploitation that may be set out in the certificate; and
• the class of persons who may apply for the workplace justice visa.

Migration Amendment (Visa Application Charge Refund) Regulations 2024 https://www.legislation.gov.au/F2024L01016/asmade/text

- to mitigate the impact of the increase to the VAC (from 1 July 2024) for Student (Subclass 500) visa and Student Guardian (Subclass 590) visa applicants from the Pacific and Timor-Leste.

Migration Amendment (Overseas Organ Transplant Disclosure and Other Measures) Bill 2024 https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=s1384

- to require persons entering Australia to respond to specified questions in relation to organ transplants outside Australia; provide for annual reporting requirements in relation to this information; and enable 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 trafficking in human organs. 

Administrative Review Tribunal (Miscellaneous Measures) Bill 2024 https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r7237

Administrative Review Tribunal Commencement Proclamation 2024 https://www.legislation.gov.au/F2024N00804/asmade/text

- specifies that the Administrative Review Tribunal Act 2024 commences on 14 October 2024 which means that the new Administrative Review Tribunal will commence operations from this date.

Administrative Review Tribunal Rules 2024 https://www.legislation.gov.au/F2024L01179/asmade/text

The purpose of the Rules is to:

• set out the timeframes for applying to the Tribunal for review of a decision
• set out requirements for the processes by which decision-makers may issue notices electing not to participate in a kind of proceeding or a Tribunal case event
• set out the witness fees and allowances payable for compliance with a summons
• identify certain kinds of Tribunal decisions in relation to which a person cannot apply for referral to the Tribunal’s guidance and appeals panel
• prescribe the matters which decision-makers must have regard to when giving notices of decision
• identify additional powers and functions conferred on the Tribunal by Commonwealth legislation and prescribe that the President may authorise members, registrars and staff members to exercise or perform those functions or powers, and
• set out the fees for making applications to the Tribunal for review of a decision, and applications to the President to refer a decision of the Tribunal to the guidance and appeals panel.

Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Rules 2024 https://www.legislation.gov.au/F2024L01292/asmade/text

The Rules complement the transitional provisions in Schedule 16 to the Act. The Rules are technical in nature, and ensure that the transition from the AAT to the ART occurs smoothly and as intended. It also modifies, for a period of 6 months, the timeframe in which an application to the ART for review of a reviewable migration decision or reviewable protection decision, under section 347(3)(a) of the Migration Act 1958 (Migration Act), must be made by an applicant who is in immigration detention.

Administrative Review Tribunal Legislation Consequential Amendments (2024 Measures No. 1) Regulations 2024 https://www.legislation.gov.au/F2024L01299/asmade/text

This instrument makes minor consequential amendments to regulations across the Commonwealth statute book to align with the ART Act. The purpose of the Amending Regulations is to:

• Update terminology, such as repealing outdated references to the Administrative Appeals Tribunal, the AAT and the Administrative Appeals Tribunal Act 1975 (AAT Act) and replacing them with references to the Administrative Review Tribunal, the ART and the ART Act.
• Update and replace references to provisions of the AAT Act with references to the equivalent, or broadly equivalent provisions under the ART Act. This includes updating provisions with legislative references in respect of notification requirements, jurisdiction provisions, timeframe, fees, among others.

More info: https://www.ag.gov.au/legal-system/statutory-declarations/about-commonwealth-statutory-declarations/digital-commonwealth-statutory-declarations

Migration Amendment (Subclass 462 (Work and Holiday) Visa) Regulations 2024 https://www.legislation.gov.au/F2024L01105/asmade/text

 to introduce a requirement that to make a valid application for a Subclass 462 (Work and Holiday) visa, applicants who hold a passport issued by a specified foreign country must have been randomly selected in a visa pre-application process arranged by the Minister in respect of the relevant country. Countries in respect of which a ballot for Subclass 462 visa applications will be introduced initially include the Peoples’ Republic of China, India and Vietnam.

Migration (Visa Pre‑application Process) Charge Amendment (Work and Holiday Visa) Regulations 2024 https://www.legislation.gov.au/F2024L01106/asmade/text

The Regulations prescribe an amount of $25 as the charge for registration as a registered participant in a ballot process for a Subclass 462 visa. 

Migration (Subclass 462 (Work and Holiday) Visa Pre-application Process) Determination (LIN 24/060) 2024 https://www.legislation.gov.au/F2024L01141/asmade/text

The purpose of the instrument is to make a determination in relation to visa pre-application processes for the random selection of registered participants who are seeking to apply for a Subclass 462 (Work and Holiday) visa and who hold valid passports issued by specified countries.

Migration (Specification of Foreign Countries for Subclass 462 (Work and Holiday) Visa Pre-Application Process) Instrument (LIN 24/058) 2024 https://www.legislation.gov.au/F2024L01137/asmade/text

The requirement to be selected in a visa pre-application process only applies to applicants who hold a passport issued by a country specified in this instrument for the purposes of paragraph 1224A(3A)(b) of the Migration Regulations. The specified countries are the People’s Republic of China, India and Vietnam.

Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) (India) Amendment Instrument (LIN 24/059) 2024 https://www.legislation.gov.au/F2024L01139/asmade/text

- to specify India as a foreign country for WHV462 and associated requirements

Migration, Pathway to Nation Building- Report from the Joint Standing Committee on Migration Inquiry https://www.aph.gov.au/Parliamentary_Business/Committees/Joint/Migration/MigrationPathway/Report/List_of_recommendations

The Australian Bureau of Statistics and Statistics New Zealand announced, that while maintaining comparability, each country will introduce their own tailored occupational statistical classifications.

https://www.abs.gov.au/media-centre/media-releases/anzsco-change

https://www.abs.gov.au/about/consultation-and-conferences/updating-anzsco/about-osca

Migration Amendment (Family Violence Provisions for Skilled Visa Applications) Regulations 2024 https://www.legislation.gov.au/F2024L01286/asmade/text

-  to insert family violence provisions into Schedule 2 criteria for certain Skilled visas. This allows for the grant of a visa to a secondary applicant (and members of their family unit) for certain Skilled visas where the secondary applicant’s spouse or de facto relationship with a primary applicant has ended, and there was family violence committed by the primary applicant. The secondary applicant in these circumstances can only be granted a visa if the primary applicant has their visa granted, or if the primary applicant’s visa is refused for reasons which include family violence related conduct. This conduct does not necessarily have to be family violence committed against one of the members of the family unit, and could include violence committed against another person who was not included in the visa application.

Migration Amendment (Family Violence Provisions and Other Measures) Regulations 2024 https://www.legislation.gov.au/F2024L01652/asmade/text

The Migration Amendment (Family Violence Provisions and Other Measures) Regulations 2024 (the Regulations) amend the Migration Regulations 1994 (the Migration Regulations) to insert family violence provisions into Schedule 2 criteria for certain permanent visas and amends the Schedule 1 criteria for a primary applicant for a Subclass 804 visa, Subclass 864 visa and Subclass 884 visa to be an aged parent (as defined in regulation 1.03 of the Migration Regulations).

Migration Amendment (Public Interest Criteria 4005 and 4007) Regulations 2024 https://www.legislation.gov.au/F2024L01288/asmade/text

amends paragraphs 4005(1)(c) and 4007(1)(c) of Schedule 4 to the Migration Regulations 1994 (the Migration Regulations) so that a minor visa applicant born and ordinarily resident in Australia, is not required to satisfy the Minister that they are free from a disease or condition which would necessitate the provision of health care or community services, where that would result in a significant cost to the Australian community or prejudice the access of an Australian citizen or permanent resident to that health care or community service.

Migration Amendment (Removal and Other Measures) Bill 2024  https://www.aph.gov.au/Parliamentary_Business/Bills_LEGislation/Bills_Search_Results/Result?bId=r7179

The new powers in this Bill will enable the Minister to give a direction to a removal pathway non-citizen to do specified things necessary to facilitate their removal, or to do other things the Minister is satisfied are reasonably necessary to determine whether there is a real prospect of their removal becoming practicable in the reasonably foreseeable future

A failure to comply with a direction, without a reasonable excuse, will be a criminal offence carrying a mandatory minimum sentence of 12 months’ imprisonment, and a maximum available sentence of five years’ imprisonment or 300 penalty units, or both.

The amendments in the Bill also confer a discretionary personal power on the Minister to designate a country as a removal concern country.  A non-citizen who is a national of a removal concern country and who is outside Australia cannot, subject to certain exceptions, make a valid application for a visa while the designation is in force.

Migration Amendment Bill 2024 https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r7276

- to provide for the cessation of certain bridging visas where the holder of the visa has been granted permission by a foreign country to enter and remain in that country;
- to enable the minister to make a decision that a protection finding would no longer be made in relation to a non-citizen who holds a visa as a removal pathway non-citizen;
- to create an immunity from civil liability in relation to certain acts or omissions;
- to provide for the collection, use and disclosure of criminal history information or information to foreign countries;
- to provide for spending authority for third country reception arrangements; and make technical amendments.

to allow the Minister to determine that a thing is a prohibited thing in relation to immigration detention facilities and detainees (whether or not they are in an immigration detention facility), if the Minister is satisfied that possession or use of that thing might be a risk to the health, safety or security of persons in the facility, or to the order of the facility.

Prohibited things may include, but are not limited to, controlled drugs (as defined in the Criminal Code (Cth) ) and prescription drugs not taken by the person to whom they are prescribed, mobile phones, Subscriber Identity Module (SIM) cards and other internet-capable devices. A thing will only be determined to be a prohibited thing and seized where it is necessary and proportionate to do so.

Migration Amendment (National Innovation Visa) Regulations 2024 https://www.legislation.gov.au/F2024L01416/asmade/text

to:
- rename the Global Talent (Class BX) visa to the National Innovation (Class BX) visa;
- require visa applicants to be invited by the Minister to apply for the National Innovation visa;
- require that an applicant’s internationally recognised record of exceptional and outstanding achievement to be the same as that stated in the invitation at the time of application; and
- repeal references to the ‘Prime Minister’s Special Envoy for Global Business and Talent Attraction’ for Subclass 858 visa applications.

Migration (Arrangements for certain business skills visas) Amendment (LIN 24/078) Instrument 2024 https://www.legislation.gov.au/F2024L01417/asmade/text - to specify, the approved form, place and manner for an application.

Migration Amendment (2024 Measures No. 1) Regulations 2024 https://www.legislation.gov.au/F2024L01585/asmade/text

• implement the Subclass 482 (Skills in Demand) visa, which replaces the Subclass 482 (Temporary Skill Shortage) visa as of 7 December 2024;
• align employer sponsorship obligations with labour market mobility reforms introduced on 1 July 2024 through the Migration Amendment (Work Related Visa Conditions) Regulations 2024, and also ensure that existing employer sponsorship obligations apply to approved work sponsors of Skills in Demand primary visa holders;
• ensure that applicants for, and holders of, the new Skills in Demand (SID) visa will have a pathway to permanent residence through the temporary residence transition (TRT) stream of the subclass 186 Employer Nomination Scheme (ENS), and in which all periods of sponsored employment can count towards permanent residence;
• reduce the minimum relevant work experience requirement for applicants for the Skills in Demand visa from two years (the current requirement for the Temporary Skill Shortage visa) to one year of full-time employment, or equivalent, within the five years that immediately preceded the date of the visa application.

LIN 24/097 Migration Amendment (Skills in Demand and Nil VAC) Instrument 2024 https://www.legislation.gov.au/F2024L01615/asmade/text

The main purpose of the Migration (Skills in Demand and nil VAC) Amendment (LIN 24/097) Instrument 2024 is to amend or repeal two instruments relating to the Government’s temporary skilled migration program to ensure that they are consistent with amendments made to the Regulations by the Amendment Regulations. These instruments provide for matters relating to manner and form of visa applications and nil visa application charges in certain circumstances.

LIN 24/099 Migration (Language Test Requirements for Subclass 482 Visa) Instrument 2024 https://www.legislation.gov.au/F2024L01617/asmade/text

- to repeal IMMI 18/032 and specify the language test requirements for an applicant to the Specialist Skills stream and Core Skills stream of the Subclass 482 (Skills in Demand) visa

LIN 24/089 Migration (Specification of Occupations—Subclass 482 Visa) Instrument 2024 https://www.legislation.gov.au/F2024L01620/asmade/text and amended by LIN 24/108 Migration Amendment (Caveats) Specification 2024 https://www.legislation.gov.au/F2024L01625/latest/text

Migration (Skilling Australians Fund) Charges Amendment (Subclass 482 (Skills in Demand) Visa) Regulations 2024 https://www.legislation.gov.au/F2024L01589/asmade/text
 Compilation: https://www.legislation.gov.au/F2018L01092/latest/text

The amendments of the Skilling Australians Fund Regulations are necessary to ensure that the nomination training contribution charge that currently applies to the Temporary Skill Shortage visa will apply to the Skills in Demand visa from 7 December 2024.

LIN 24/094 Migration Amendment (Skills in Demand Visa and Related Matters) Instrument 2024 https://www.legislation.gov.au/F2024L01621/asmade/text

The instrument amends the following principal legislative instruments, to support the implementation of the Subclass 482 (Skills in Demand) visa and related measures on 7 December 2024:

• Migration (IMMI 18/039: Mandatory Skills Assessment—Subclass 482 Visa) Instrument 2018;
• Migration (LIN 19/216: Exemptions from Skill, Age and English Language Requirements for Subclass 186, 187 and 494 Visas) Instrument 2019;
• Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Instrument 2018;
• Migration (LIN 19/212: Specification of Exempt Occupations) Instrument 2019;
• Migration (LIN 18/036: Period, manner and evidence of labour market testing) Instrument 2018;
• Migration (LIN 19/260: Assessing Authorities for Subclass 494 Visas) Instrument 2019;
• Migration (LIN 20/166: Australian Values Statement for Public Interest Criterion 4019) Instrument 2020.

LIN 24/093 Migration (Specification of Occupations and Assessing Authorities—Subclass 186 Visa) Instrument 2024 https://www.legislation.gov.au/F2024L01618/asmade/text and amended by LIN 24/108 Migration Amendment (Caveats) Specification 2024 https://www.legislation.gov.au/F2024L01625/latest/text

The purpose of the instrument is specify:

• the occupations in relation to applications for, and nominations of occupations relating to applications for, the Subclass 186 (Employer Nomination Scheme) visa (Subclass 186 visa)—the specified occupations are allocated to the new Core Skills Occupation List (CSOL);
• circumstances in which a nomination for an occupation does not apply to a nominee; and
• the assessing authorities in relation to the occupations.

LIN 24/092 Migration (Arrangements for Employer Nomination and Regional Employer Nomination Skilled Visas) Instrument 2024 https://www.legislation.gov.au/F2024L01619/asmade/text

The purpose of this instrument is to specify the following:

• approved forms for nominations for the Subclass 186 (Employer Nomination Scheme) visa (subclass 186 visa) and the Subclass 187 (Regional Sponsored Migration Scheme) visa;
• a different way of making a nomination application for subclass 186 visa;
• approved forms for the Employer Nomination (Permanent) (Class EN) visa (Class EN visa);
• the manner in which an application for Class EN visa must be made;
• the form for, and manner of making, an application for the Regional Employer Nomination (Permanent) (Class RN) visa.

Migration Amendment (Labour Agreement Requirements (Subclass 186, 482 and 494 Visas)) Regulations 2024 https://www.legislation.gov.au/F2024L01653/asmade/text

- to amend the Migration Regulations 1994 (the Migration Regulations) to clarify and enhance the statutory framework for the Minister to prescribe alternative requirements to the standard skilled nomination and visa criteria, in labour agreements, for visa applicants who are seeking to satisfy the Labour Agreement stream criteria for the following visa subclasses:

• Subclass 186 (Employer Sponsored Nomination);
• Subclass 482 (Skills in Demand);
• Subclass 482 (Temporary Skill Shortage); and
• Subclass 494 (Skilled Employer Sponsored Regional (Provisional)).

LIN 24/105 Migration (ANZSCO Definition) Specification 2024 https://www.legislation.gov.au/F2024L01616/asmade/text

The term ANZSCO is defined to mean the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics, as in force on 27 June 2013. However, for regulations 2.72 and 2.73 and subregulation 5.19(5) of the Migration Regulations, ANZSCO is defined as meaning the Australian and New Zealand Standard Classification of Occupations published by the Australian Bureau of Statistics, as in force on 23 November 2022.

 Compilations:

407: Migration (LIN 19/050: Specification of Occupations—Subclass 407 Visa) Instrument 2019 https://www.legislation.gov.au/F2019L00277/latest/text

485/189/190/491: Migration (LIN 19/051: Specification of Occupations and Relevant Assessing Authorities) Instrument 2019 https://www.legislation.gov.au/F2019L00278/latest/text

482: 
Migration (Specification of Occupations—Subclass 482 Visa) Instrument 2024 https://www.legislation.gov.au/F2024L01620/latest/text
Migration (IMMI 18/039: Mandatory Skills Assessment—Subclass 482 Visa) Instrument 2018 https://www.legislation.gov.au/F2018L00294/latest/text

186: Migration (Specification of Occupations and Relevant Assessing Authorities—Subclass 186 Visa) Instrument 2024 https://www.legislation.gov.au/F2024L01618/latest/text

494: 
Migration (LIN 19/219: Occupations for Subclass 494 Visas) Instrument 2019 https://www.legislation.gov.au/F2019L01403/latest/text
Migration (LIN 19/260: Assessing Authorities for Subclass 494 Visas) Instrument 2019 https://www.legislation.gov.au/F2019L01405/latest/text 

LIN 24/084 Migration (Arrangements for Visitor (Class FA) visa applications) Amendment (LIN 24/084) Instrument 2024 https://www.legislation.gov.au/F2024L01520/asmade/text

This instrument amends the requirements for an application for a subclass 600 visa in the Frequent Traveller stream (FTS). The subclass 600 visa in the Frequent Traveller stream may be granted for up to 10 years and the holder may stay for up to 3 months each time they enter Australia. 

The instrument removes the requirement that an applicant must be a holder of a passport issued by the People’s Republic of China (PRC) who is located in the PRC when they make the application.

The instrument also expands the Frequent Traveller stream to applicants from the following countries: Brunei Darussalam, Cambodia, Indonesia, Lao People’s Democratic Republic, Malaysia, The People’s Republic of China, The Philippines, Singapore, Thailand, Timor-Leste, and Viet Nam.

Migration Amendment (Cessation and Grant of Bridging Visas) Regulations 2024 https://www.legislation.gov.au/F2024L01595/asmade/text

The Migration Amendment (Cessation and Grant of Bridging Visas) Regulations 2024 (the Amendment Regulations) amend the Migration Regulations 1994 (Migration Regulations) to cease certain bridging visas, held by a non-citizen if they have been determined by the Foreign Minister or their delegate, as a person whose presence in Australia may be directly or indirectly associated with the proliferation of weapons of mass destruction (WMD), and immediately grant a replacement Subclass 050 (Bridging (General)) visa to the non-citizen, by operation of law.

Migration Amendment (Graduate Visas No. 2) Regulations 2024 https://www.legislation.gov.au/F2024L01676/asmade/text

The Amending Regulations replace the previous definition of ‘degree’ (as it related to the definition of that term, currently found in subregulation 2.26AC(6) to the Migration Regulations) in clause 485.111 of Schedule 2, with a new definition of ‘degree’ specifically for the purposes of Subclass 485.

This provides clarity regarding PHEW stream eligibility for graduate certificate and graduate diploma holders. The updated definition of ‘degree’ for the PHEW stream makes certain that a graduate certificate is not an eligible qualification for a Subclass 485 visa.

LIN 24/086: Migration Legislation Amendment (Graduate Visas No. 2) Instrument (LIN 24/086) 2024 https://www.legislation.gov.au/F2024L01677/asmade/text

The instrument amends:

• the Migration (Specification under clause 485.231 – Educational Institutions) Instrument (LIN 23/021) 2023 (LIN 23/021); and
• the Migration (Specification of Degrees) Instrument (LIN 24/048) 2024 (LIN 24/048).

A graduate certificate will no longer be accepted as a specified degree for the purpose of subclause 485.231(1) of Schedule 2 to the Migration Regulations.
Educational institutions specified in paragraph (a)(ii) in LIN 23/021 must offer courses at the bachelor degree level or above

Migration Amendment (Temporary Graduate Visa Application Charge) Regulations 2024 https://www.legislation.gov.au/F2024L01691/asmade/text

The purpose of the Migration Amendment (Temporary Graduate Visa Application Charge) Regulations 2024 (the Amendment Regulations) is to amend the Migration Regulations to apply an uplift of 14.75% to the Subclass 485 (Temporary Graduate) visa application charge (VAC). The one-off increase to the VAC for the Subclass 485 visa supports the Australian Government’s approach to delivering managed, sustainable migration growth and restoring integrity in the international education sector. It is intended that CPI indexation amendments will be made in subsequent years.

Migration Amendment (Subclass 070 (Bridging (Removal Pending)) Visa) Regulations 2024 https://www.legislation.gov.au/F2024L01649/asmade/text

- to expand the cohort of non-citizens who would be eligible for grant of a Subclass 070 (Bridging (Removal Pending)) visa (BVR) with certain mandatory community protection-related conditions imposed on the visa. The Amendment Regulations will apply in relation to a non‑citizen who is granted a BVR by the Minister under the Minister’s personal power in section 195A of the Migration Act, and who is subsequently no longer detained under section 189 of the Migration Act.

 Migration Amendment (Skills Assessing Authorities) Regulations 2024 https://www.legislation.gov.au/F2024L01650/asmade/text

- to clarify the Skills Assessment Minister’s powers regarding Assessing Authorities that deliver skills assessments.

LIN 24/083: Migration Amendment (Relevant Assessing Authorities and Other Matters) Instrument 2024 https://www.legislation.gov.au/F2024L01675/asmade/text

The instrument amends the following principal legislative instruments:

• Migration (Specification of Occupations—Subclass 482 Visa) Instrument 2024 (LIN 24/089);
• Migration (Specification of Occupations and Assessing Authorities—Subclass 186 Visa) Instrument 2024 (LIN 24/93);
• Migration (LIN 19/219: Occupations for Subclass 494 Visas) Instrument 2019 (LIN 19/219);
• Migration (IMMI 18/039: Mandatory Skills Assessment—Subclass 482 Visa) Instrument 2018 (IMMI 18/039);
• Migration (LIN 19/260: Assessing Authorities for Subclass 494 Visas) Instrument 2019 (LIN 19/260);
• Migration (LIN 19/050: Specification of Occupations—Subclass 407 Visa) Instrument 2019 (LIN 19/050);
• Migration (LIN 19/051: Specification of Occupations and Assessing Authorities) Instrument 2019 (LIN 19/051).

Specifically, this Disallowable Legislative Instrument makes the following changes:

• applying an inapplicability condition (‘caveat’) to the occupation of Hospitality, Retail and Service Managers nec (not elsewhere classified) to exclude specification of brothel keepers from SESRP visas;
• applying an inapplicability condition to the occupation of Dancer or Choreographer to exclude exotic dancers;
  1.      This applies to the SESRP visa, Training visa and Skilled Independent visas.
• removing caveat 14 from select occupations on the CSOL.; and,
• making administrative changes to the powers in which the instruments are made to clarify the Skills Assessment Minister’s powers to specify an assessing authority.

Migration (English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visa) Amendment (LIN 24/082) Specification 2024 https://www.legislation.gov.au/F2024L01753/asmade/text amends LIN 24/022

Compilation: https://www.legislation.gov.au/F2024L00366/latest/text

The purpose of LIN 24/082 is to substitute the table in Schedule 2 to LIN 24/022 with an updated list of registered courses that are specified to be eligible pathway programs for the purposes of paragraph 5(3)(d) of LIN 24/022. The amendment of principal instrument LIN 24/022 increases the total number of specified eligible pathway programs from 134 to 155.

A pathway program is a course for students who have not yet met the academic entry requirements for their intended Australian undergraduate university degree. A pathway program leads to a qualification recognised under the Australian Qualifications Framework and provides academic credit and entry to second year undergraduate study.