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 (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.