LIN 25/092: Migration (Class of Persons for Nil VAC—2025 Virtus World Athletics Championships) Instrument 2025 https://www.legislation.gov.au/F2025L00870/asmade/text

The instrument specifies that certain applicants for Visitor (Class FA) visas and Temporary Activity (Class GG) visas who provide evidence of being invited to participate in the 2025 Virtus World Athletics Championships (the Virtus Championships), have a visa application charge (VAC) of nil. The Virtus Championships run from 8–15 October 2025.

 LIN 25/016 Migration (Specification of Language Tests, Test Scores and Passports) Instrument 2025 https://www.legislation.gov.au/F2025L00905/latest/text

This instrument operates to specify English language proficiency and related test scores which are used to establish this proficiency. It also specifies valid passports of citizens of listed countries that may be used as proof of English language proficiency.

This includes specifying educational experience and results obtained as a consequence of sitting specific English language tests which include the following:

• Cambridge Advanced Test (C1 Advanced);
• Canadian English Language Proficiency Index Program General (CELPIP General);
• International English Language Test System (IELTS) Academic (IELTS Academic);
• International English Language Test System (IELTS) General Training (IELTS General Training);
• LANGUAGECERT Academic Test (LANGUAGECERT Academic);
• Michigan English Test (MET);
• Occupational English Test (OET);
• Pearson Test of English Academic (PTE Academic); and
• Test of English as a Foreign Language internet-Based Test (TOEFL iBT).

LIN 25/089 Migration (English Language Requirements for Subclass 485 (Temporary Graduate) Visas) Instrument 2025 https://www.legislation.gov.au/F2025L00907/latest/text

- to specify the English language proficiency requirements that an applicant may be required to meet in order to satisfy clause 485.212 of Schedule 2 to the Regulations for the grant of a Subclass 485 (Temporary Graduate) visa (the Subclass 485 visa) in either of the Post-Vocational Education Work stream or the Post-Higher Education Work stream.

LIN 25/090 Migration (English Language Tests and Evidence Exemptions for Subclass 500 (Student) Visas) Instrument 2025 https://www.legislation.gov.au/F2025L00906/latest/text

The purpose of this instrument is to specify the English language proficiency requirements that an applicant may be required to meet to satisfy the criterion for the grant of a Subclass 500 visa. This includes the following:

• the English language tests that are approved for demonstrating English language proficiency for the purposes of the Subclass 500 visa;
• the required English language test scores for an applicant in an approved English language test (as defined in section 4 of LIN 25/090);
• the period of time in which the required English language test scores must be obtained; and
• applicants who are exempt from the requirement to undertake English language tests.

LIN 25/014 Migration (Evidence of Functional English Language Proficiency) Instrument 2025 https://www.legislation.gov.au/F2025L00904/latest/text

The purpose of this instrument is to:

• specify what qualifications or experience a person must have to meet the definition of functional English (paragraph 5(2)(b) of the Act); and
• specify that persons who are citizens of, and holders of a valid passport issued by Canada, New Zealand, the Republic of Ireland, the United Kingdom of Great Britain and Northern Ireland, or the United States of America to have functional English language proficiency.

This instrument operates to specify and recognise the qualifications or experience necessary for the purposes of providing evidence of English language proficiency of a person who has functional English. This includes specifying educational experience and results obtained as a consequence of sitting specific English language tests which include the following:

• Canadian English Language Proficiency Index Program General (CELPIP General);
• International English Language Test System Academic (IELTS Academic);
• International English Language Test System General Training (IELTS General Training);
• LANGUAGECERT Academic Test (LANGUAGECERT Academic);
• Michigan English Test (MET);
• Occupational English Test (OET);
• Pearson Test of English Academic (PTE Academic); and
• Test of English as a Foreign Language internet-Based Test (TOEFL iBT).

LIN 25/082 Migration (English Language Test Requirements for Subclass 482 Visas) Instrument 2025 https://www.legislation.gov.au/F2025L01066/asmade/text

The purpose of LIN 25/082 is to specify the English language test requirements for an applicant for a Subclass 482 visa in the Specialist Skills and Core Skills streams, including the following:

• the English language tests that are approved for demonstrating English language proficiency for the purposes of the Specialist Skills stream or the Core Skills stream;
• the required test scores for an applicant in an approved English language test (as defined in section 4 of LIN 25/082);
• the period of time in which the required English language test scores must be obtained; and
• applicants who are exempt from the requirement to undertake an approved English language test.

Migration (International trade obligations relating to labour market testing) Amendment (CEPA) Determination 2025 https://www.legislation.gov.au/F2025L00954/latest/text

amends Migration (International trade obligations relating to labour market testing) Determination (LIN 21/075) 2021

Compilation: https://www.legislation.gov.au/F2021L01505/latest/text

The instrument amends LIN 21/075 to insert a reference to the Comprehensive Economic Partnership Agreement between Australia and the United Arab Emirates (CEPA) in the list of current free trade agreements covered by LIN 21/075, as well as the World Trade Organization (WTO) General Agreement on Trade in Services (GATS). The CEPA is a new free trade agreement made between Australia and the United Arab Emirates (UAE). The instrument is necessary to give full domestic effect to Australia’s commitments under the CEPA, by updating LIN 21/075 to include the CEPA alongside the other agreements determined as an international trade obligation of Australia for the purposes of labour market testing requirements under the Migration Act.

Administrative Review Tribunal and Other Legislation Amendment Bill 2025 https://www.aph.gov.au/Parliamentary_Business/Bills_Legislation/Bills_Search_Results/Result?bId=r7365

https://www.legislation.gov.au/C2026A00003/latest/text

to expand the circumstances in which the Tribunal may make a decision without holding an oral hearing, and require the Tribunal to make decisions in relation to certain kinds of applications without holding an oral hearing.

The Bill would amend section 106 of the ART Act to insert an additional circumstance in which the Tribunal may make its decision in the proceeding without holding the hearing of the proceeding. The additional circumstance is if:

• it appears to the Tribunal that the issues for determination in the proceeding can be adequately determined in the absence of the parties to the proceeding
• it appears to the Tribunal that it is reasonable in the circumstances to make its decision in the proceeding without holding the hearing of the proceeding, and
• the Tribunal has given the parties to the proceeding (other than a non-participating party) a reasonable opportunity to make submissions to the Tribunal in relation to the Tribunal making its decision without holding the hearing of the proceeding, and the Tribunal has taken into account any submissions received.

The Bill would amend the Migration Act to require the Tribunal to make decisions in relation to applications for review of certain kinds of reviewable migration decisions on the papers without conducting an oral hearing.

The new requirement would apply in relation to applications for reviews of decisions to refuse a student visa. Decisions of this kind are appropriate for review without an oral hearing, having regard to the nature of the issues under review, the low volume and complexity of written materials relevant to proceedings of this kind, and the temporary and short-term nature of student visas.

The requirement would also apply in relation to applications for review of decisions relating to a temporary visa of a kind prescribed in regulations. This provides flexibility for the Migration Regulations 1994 (Regulations) to prescribe additional kinds of applications relating to temporary visas as being subject to the new requirement for review to be conducted on the papers. It would not be possible for reviews of decisions relating to permanent visas, or reviewable protection decisions (within the meaning of the Migration Act), to be subject to the requirement.

Applications which are required to be reviewed on the papers would be subject to a new, bespoke review procedure set out in new Division 4A of Part 5 of the Migration Act. The review would be conducted entirely on the basis of written materials, without the Tribunal holding an oral hearing. The applicant would be given an opportunity to present their case to the Tribunal in writing.

LIN 25/086 Migration (Australian Values Statement for Public Interest Criterion 4019) Instrument 2025 https://www.legislation.gov.au/F2025L01109/asmade/text

The purpose of LIN 25/086 is to approve the values statement for the subclasses of visas specified in the instrument:

• for the temporary visa subclasses specified in table 1 of Schedule 1 – Part 1 of Schedule 2 is approved as the values statement.
• for the permanent visa subclasses specified in table 2 of Schedule 1 – Part 1 combined with Part 2 of Schedule 2 is approved as the values statement.

In addition to the visa subclasses covered previously by LIN 20/166, this instrument also includes a reference to the Subclass 851 (Resolution of Status) visa (Subclass 851 visa) in Table 2 of Schedule 1. The Subclass 851 visa is a permanent visa that allows for the permanent resolution of status for certain visa holders, including holders of a Subclass 785 (Temporary Protection) visa or Subclass 790 (Safe Haven Enterprise) visa who arrived in Australia before 14 February 2013. The instrument does not make any changes to the content of the values statement that was approved in LIN 20/166.

Social Security (Special Benefit – Class of Visas) Determination 2025 https://www.legislation.gov.au/F2025L01125/latest/text

- sets out the classes of visas determined by the Minister that may enable holders of those visas to qualify for special benefit. Such visa holders may also qualify for other payments as a result of this Determination, such as family tax benefit, child care subsidy, parental leave pay, Disaster Recovery Allowance and Australian Government Disaster Recovery Payment.

- also specifies the classes of visas determined by the Minister for the purposes of subparagraph 729(2)(g)(i) of the Act that may be required to satisfy the “mutual obligation requirements” in subsection 729(2B) of the Act to qualify for special benefit.

- specifies classes of visas determined by the Minister for the purposes of the newly arrived resident’s waiting period (NARWP) for special benefit.

Approval of Primary and Fall-back Reporting Systems—International Passenger Cruise Ships
LIN 25/060 Migration (Approval of Primary and Fall-back Reporting Systems—International Passenger Cruise Ships) Instrument 2025 https://www.legislation.gov.au/F2025L01121/asmade/text

- specifies and approves the primary and fall-back reporting systems for each passenger and member of the crew of an international passenger cruise ship as defined in subregulation 3.13 of the Migration Regulations 1994 (the Migration Regulations) for the purposes of section 245J and 245K of the Migration Act.

Approval of Primary and Fall-back Reporting Systems—International Passenger Aircraft
LIN 25/059 Migration (Approval of Primary and Fall-back Reporting Systems—International Passenger Aircraft) Instrument 2025 https://www.legislation.gov.au/F2025L01120/asmade/text

- specifies and approves the primary and fall-back reporting systems for crew and passengers of an international passenger aircraft as defined in subregulation 3.13 of the Migration Regulations 1994 (the Migration Regulations) for the purposes of section 245J and 245K of the Migration Act.

Sections 351 and 501J https://immi.homeaffairs.gov.au/what-we-do/status-resolution-service/ministerial-intervention

Section 46A https://immi.homeaffairs.gov.au/what-we-do/refugee-and-humanitarian-program/onshore-protection/protection-visa-cancelled

Section 48B https://immi.homeaffairs.gov.au/what-we-do/refugee-and-humanitarian-program/onshore-protection/protection-visa-cancelled

LIN 25/116 Migration (2026 AFC Women’s Asian Cup—Class of Persons for Nil VAC) Instrument 2025 https://www.legislation.gov.au/F2025L01320/asmade/text

- to specify the 2026 AFC Women’s Asian Cup (Women’s Asian Cup) as an AGEE under clause 408.229 of Schedule 2 to the Regulations.

The instrument also specifies the following class of persons for the Women’s Asian Cup:

        an AFC delegation member;

        a participating team delegation member;

        an AFC Commercial Rights Partner;

        a Commercial Affiliate, in relation to the event;

        any other person participating in or attending the event in an official capacity.

In addition, the instrument provides that any person in this class of persons who seeks to satisfy the primary criteria for a Subclass 408 visa under the AGEE stream is also specified to have a visa application charge (VAC) of nil (that is, no VAC is payable when making a visa application). 

LIN 25/115 Migration (2027 Men’s Rugby World Cup—Class of Persons for Nil VAC) Instrument 2025 https://www.legislation.gov.au/F2025L01354/latest/text

The purpose of this instrument is to specify the 2027 Men’s Rugby World Cup as an AGEE under clause 408.229 of Schedule 2 to the Migration Regulations.

The instrument also specifies the following class of persons for the 2027 Men’s Rugby World Cup:

• Rugby World Cup Limited personnel;
• 2027 Rugby World Cup personnel;
• members of a competing team;
• tournament officials;
• other accredited persons required to perform certain tournament functions in Australia.

The instrument will also provide that any person in this class of persons who seeks to satisfy the primary criteria for the Subclass 408 visa under the AGEE stream is also specified to have a visa application charge (VAC) of ‘nil’ (that is, no VAC is payable when making a visa application). Specifying these persons as being eligible for a nil VAC implements an immigration support commitment made by the Australian Government for participants of the 2027 Men’s Rugby World Cup.

LIN 25/110 Migration Amendment (Skilled Visa Reform Technical Measures) Instrument 2025 https://www.legislation.gov.au/F2025L01358/asmade/text

The instrument amends LIN 24/089, LIN 24/093 and LIN 19/260 to make technical and clarifying amendments and certain other updates that have been identified following the implementation of a broad suite of skilled visa reforms implemented in December 2024.

LIN 24/089 Migration (Specification of Occupations—Subclass 482 Visa) Instrument 2024 https://www.legislation.gov.au/F2024L01620/latest/text

LIN 24/093 Migration (Specification of Occupations and Relevant Assessing Authorities—Subclass 186 Visa) Instrument 2024 https://www.legislation.gov.au/F2024L01618/latest/text

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

Migration Amendment (Skilled Visa Reform Technical Measures) Regulations 2025 https://www.legislation.gov.au/F2025L01389/latest/text

The Migration Amendment (Skilled Visa Reform Technical Measures) Regulations 2025 (the Amendment Regulations) amend the Migration Regulations 1994 (the Migration Regulations) to clarify certain provisions in the Migration Regulations in relation to the Subclass 482 (Skills in Demand) visa (SID visa).

LIN 25/049 Migration (Specification of Required Medical Assessment) Instrument 2025 https://www.legislation.gov.au/F2025L01437/asmade/text

The purpose of the instrument is to specify the mandatory immigration medical assessment health requirements that certain visa applicants must undertake in order to satisfy Public Interest Criteria (PIC) 4005 and 4007 by reference to their country or jurisdiction of citizenship or residence and their intended period of stay and intended activities, and who is authorised to conduct the medical assessment. 

 Migration Amendment (2025 Measures No. 1) Regulations 2025 https://www.legislation.gov.au/F2025L01551/latest/text

• in Part 1 of Schedule 1 to the Amendment Regulations—provide that a person who is convicted of an offence of intentional wage theft under section 327A of the Fair Work Act 2009 (Fair Work Act) in relation to a non-citizen (other than the holder of a permanent visa) is subject to a ‘migrant worker sanction’ for the purposes of the ‘prohibited employer’ provisions of the Migration Act;
• in Part 2 of Schedule 1 to the Amendment Regulations—authorise the collection, use or disclosure of personal information, by the Minister, an officer of the Department or another person, for the purposes of informing a decision by the Minister to issue a certificate to a person who is affected by the High Court's decision in Love v Commonwealth; Thoms v Commonwealth (2020) 270 CLR 152, and for the Australian Government to determine whether to make an offer of permanent stay in Australia to the person who is issued the certificate or who is affected by the decision in Love v Commonwealth; Thoms v Commonwealth (2020) 270 CLR 152;
• in Part 3 of Schedule 1 to the Amendment Regulations— modernise the approach to prescribed penalties in reg 5.20(2) of the Migration Regulations for infringement notices that may be issued as an alternative to prosecution for an offence against section 229 or 230 of the Migration Act (in relation to the carriage of undocumented persons or concealed persons to Australia by air or sea) to refer to a number of penalty units rather than prescribed dollar amounts, ensuring that the infringement notice penalties will keep pace with any increases in the value of a penalty unit under the Crimes Act 1914 (the current value of a penalty unit is $330);
• in Part 4 of Schedule 1 to the Amendment Regulations—make amendments in relation to the BVR to strengthen the legislative framework that supports effective management of members of the NZYQ cohort on BVRs in the Australian community, including:

• to provide that certain community protection conditions that are currently imposed by operation of law - where a BVR holder has been convicted of certain serious offences against minors or vulnerable people, or offences involving violence or sexual assault - will instead be imposed as a decision by the Minister, following consideration of the test established for conditions relating to curfew and electronic monitoring requitements following the High Court’s decision in YBFZ v Minister for Immigration, Citizenship and Multicultural Affairs [2024] HCA 40;
• to temporarily suspend the effect of certain conditions, including electronic monitoring (8621), curfew (8620) and limitations on proximity to schools and childcare facilities (8623), during periods where the BVR holder is under arrest, in custody or admitted as an in-patient in a hospital, registered mental health facility or other medical facility;
• to provide that a BVR holder, or a former BVR holder who is an unlawful non-citizen, may not make a valid application for any prescribed class of visa other than a protection visa or a further BVR;
• to make other amendments to clarify and enhance the BVR framework, and particularly to strike an effective balance on limitations imposed, appropriately, by condition 8623 on the BVR holder’s freedom of movement with ensuring community protection.

• in Part 5 of Schedule 1 to the Amendment Regulations—provide for the application of amendments in the other Parts of Schedule 1 to the Regulations.