The Migration Amendment (Australia’s Engagement in the Pacific and Other Measures) Bill 2023 amends the Migration Act 1958 (the Migration Act) to allow the Minister to implement a visa pre-application process, involving random selection of eligible persons who will then be permitted to apply for a relevant visa to support the Government’s policy objectives in relation to engagement with Pacific nations. In order to build a strong and engaged Pacific diaspora in Australia, the Government has committed to the creation of a new class of visa, to be called the Pacific Engagement Visa (PEV), to provide access to permanent residence in Australia for an annual quota of citizens of certain Pacific countries and Timor-Leste. In order to establish this framework, the Bill: Persons who are successful in the ballot for the PEV will be notified that they may apply for the visa, which, if granted, will permit permanent residence in Australia. Partners and dependent children of the selected person may be included in the visa application. To follow the progress of the bill, click here.
On 13 February 2023, the Department has confirmed that the Temporary Skill Shortage (TSS) subclass 482 visa holders with occupations on the ROL are able to apply for permanent residence through the Temporary Residence Transition (TRT) stream of the Employer Nomination Scheme (ENS) subclass 186 visa. The Department confirmed that in addition to the subclass 482 visa holders who have been in Australia for at least one year between 1 February 2020 and 14 December 2021 and at the time of application are lawfully employed, subclass 482 visa holders with occupations on the ROL can also access the permanent residency pathway that is available under LIN 22/038 which allows sc 482 STSOL visa holders to apply for a subclass 186 TRT. However, such applicants must also meet all other nomination and visa requirements for the TRT stream of the ENS visa. The purpose of this change is to improve access to permanent residence for skilled migrant workers who chose to stay in Australia during the pandemic by providing permanent residence pathway for Temporary Skill Shortage (TSS) subclass 482 visa holders with an occupation on the Regional Occupation List. The Department made clear that those holding a Temporary Skill Shortage (TSS) subclass 482 visa with an occupation on the ROL and who worked in Australia during the pandemic are able to access the Employer Nomination Scheme (ENS) subclass 186 visa in the TRT stream with the concessions under LIN 22/038. The Department has further confirmed that this pathway is available now and there are no legislative changes required to give effect to this. This pathway is currently available for two years from 1 July 2022 and further decision regarding the continuation or discontinuation of this pathway will be taken by Government on 1 July 2024.
Migration Amendment (Evacuation to Safety) Bill 2023 will provide an offer of transfer to Australia from the Minister to all persons in the offshore cohort in Papua New Guinea or the Republic of Nauru at the commencement of this Act, who have not had an adverse security assessment made against them by the Australian Security Intelligence Organisation. The Bill will compel the Government to offer transfer to Australia to all persons subject to offshore processing still in PNG or Nauru who are not subject to an adverse security assessment by the Australian Security Intelligence Organisation (ASIO). The offer to be transferred to Australia will be made in writing, by the Minister, within one month of commencement of the Act, to all eligible person who are within the offshore cohort remaining in PNG or Nauru, except for those subject to an adverse security assessment by the Australian Security Intelligence Organisation (ASIO). If a person accepts an offer made, an officer must, as soon as practicable, bring the person to Australia and such persons will automatically be placed into community detention. Also, person receiving the offer under the provisions of this Bill can reject the offer or if the person accepts the offer, is free to withdraw their acceptance of the offer at any time prior to being transferred to Australia. In addition, this Bill will place all transferred persons into community detention and make any medical assessment and treatment they require available to them, while that person pursues a durable solution for their displacement with a third-country that is a state party to the United Nations’ 1951 Convention Relating to the Status of Refugees or the 1967 Protocol relating to the Status of Refugees. The Bill is registered on the Federal Register of Legislations on 8 February 2023 and will commence after this Act receives the Royal Assent. To access the instrument, click here.
Migration (Regional Processing Country—Republic of Nauru) Designation (LIN 23/017) 2023, dated 5 February 2023 designates the Republic of Nauru as a regional processing country to enable the operation of section 198AD of the Migration Act in relation to the Republic of Nauru as it is in the national interest. The instrument enables the operation of section 198AD of the Migration Act in relation to the Republic of Nauru. Subsection 198AD(1) provides that, subject to sections 198AE, 198AF and 198AG, an officer must take an unauthorised maritime arrival to whom section 198AD applies from Australia to a regional processing country. The only condition for the exercise of the power under subsection 198AB(1) is that the Minister thinks that it is in the national interest to designate the country as a regional processing country. Paragraph 198AB(3)(a) of the Migration Act provides that in considering the national interest, the Minister must have regard to whether or not the country has given Australia any assurances to the effect that the country will not expel or return a person taken to the country under subsection 198AD of the Migration Act to another country where the person’s life or freedom would be threatened on account of the person’s race, religion, nationality, membership of a particular social group, or political opinion and that the country will make an assessment, or permit an assessment to be made, of whether or not a person taken to the country is covered by the definition of refugee in Article 1A of the 1951 Convention relating to the Status of Refugees as amended by the 1967 Protocol relating to the Status of Refugees. The instrument is registered on the Federal Register of Legislation and commenced on 7 February 2023. It is currently in force. To access the instrument, click here.
Migration (Refund of Second Instalment of Visa Application Charge) Instrument (LIN 23/022) 2023, dated 2 February 2023 specifies the visa classes for which a second VAC instalment can be refunded under Reg 2.12H. Subregulation 2.12H(1) of the Regulations provides that the Minister must refund the amount paid by way of the second instalment of the visa application charge (VAC) in relation to an application for a visa if any of the circumstances mentioned in subregulation 2.12H(2) exists and the Minister has received a written request for a refund. The instrument ensures ongoing access to VAC refunds for applicants who made applications for the visas listed in the Schedule to the instrument and to whom an event mentioned in paragraph 2.12H(2)(f) applies. The circumstance set out by paragraph 2.12H(2)(f) is that the amount was paid under a provision of Schedule 1 to the Regulations specified in an instrument in writing and, within the period of 12 months starting on the applicant’s visa commencement day (within the meaning of the Immigration (Education) Act 1971). The visa classes for which a second VAC instalment can be refunded under Reg 2.12H are: The instrument is registered on the Federal Register of Legislation on 2 February 2023 and commenced on 2 October 2022. It is currently in force. (The prior instrument made under this provision (Refund of Second Instalment of Visa Application Charge (IMMI 12/033) F2012L01306) was repealed by sunsetting on 2 October 2022. To cover the period from 1 October 2022, the instrument is to be taken to have commenced retrospectively on 2 October 2022.) To access the instrument, click here.
Migration (Designated APEC Economy) Instrument (LIN 23/008) 2023, dated 30 January 2023, defines “designated APEC economy” in regulation 1.03 of the Migration Regulations 1994, as including each economy mentioned in Schedule 1 as a designated APEC economy. A person who is the holder of a valid passport issued by a designated APEC economy, and who has applied to the Government of the designated APEC economy for an APEC Business Travel Card (ABTC) is taken to have made a valid application for a Subclass 600 (Visitor) visa in the Business Visitor stream by operation of regulation 2.07AA of the Migration Regulations. The ABTC scheme provides accredited business people streamlined entry to participating economies. The instrument commences retrospectively on 2 October 2022. This means that where a designated APEC economy passport holder has applied to the designated APEC economy for an ABTC on or after that date, the person will be taken to have made a valid application for a Subclass 600 (Visitor) visa in the Business Visitor stream. The Instrument will maintain the arrangements previously in place under Migration Regulations 1994 – Specification of Designated APEC Economies – IMMI 12/078 which was repealed by sunsetting on 1 October 2022. Schedule 1 specifies the following 19 APEC economies as Designated APEC Economies: The instrument is registered on the Federal Register of Legislation on 1 February 2023 and commenced on 2 October 2022. It is currently in force. To know more, click here.
Ministerial Direction No 99 revokes Direction 90 given under section 499 of the Migration Act 1958 (the Act) which commenced on 15 April 2021 regarding visa refusal and cancellation under section 501 and revocation of a mandatory cancellation of a visa under section 501CA. Decision-makers take into account the primary and other considerations relevant to the individual case while deciding whether to refuse or cancel a non-citizen ’s visa under section 501, or whether to revoke a mandatory cancellation under section 501CA. Primary considerations are generally given greater weight than the other considerations. Under this new Direction 99, the strength, nature and duration of ties to Australia has been added as a primary consideration under Part 2 Section 8, with the effect that these considerations should generally be given more weight by decision-makers. Under Direction 90 these factors were covered under ‘other considerations’ and were not given much weightage by decision makers while deciding an application. According to new Ministerial Direction 99, the following are regarded as primary considerations in making a decision under section 501(1), 501(2) or 501CA(4) The principles under Subsection 5.2 have also been amended with the following paragraph added under 5.2(5): With respect to decisions to refuse, cancel, and revoke cancellation of a visa, Australia will generally afford a higher level of tolerance of criminal or other serious conduct by non-citizens who have lived in the Australian community for most of their life, or from a very young age. The level of tolerance will rise with the length of time a non-citizen has spent in the Australian community, particularly in their formative years. The new Ministerial Direction No 99 will commence on 3 March 2023.
Canberra Government has allocated 4,050 nomination places for the 2022-23 program year. The 2022-23 final allocation of nomination places has been equally divided between: The Canberra Government has also advised to consider the following: Canberra has a fixed number of nomination places available each month (pro-rata against the annual allocation). The highest ranked Matrix in each occupation were invited to apply for ACT nomination. The cut‑off for selection depended on the remaining monthly allocation, the date and time of Matrix submission, occupation cap and demand. The greater the demand for a particular occupation, the higher the rank of the Matrix score invited. Invitation Round: 23 January 2023 Matrix nominating Small Business Owners: 12 invitations 457 visa / 482 visa holders: 01 invitation Matrix nominating Critical Skill occupations: 299 invitations Overseas Applicants Matrix nominating Critical Skill occupations: 320 invitations Matrix will not be prioritised or issued invitations based on personal circumstances. This includes, but is not limited to, visa expiry dates or a change in circumstances including critical birthdays. The minimum ranking score is not a guarantee but rather an indication that an invitation was issued. Invitations were not issued if the applicants have an active application in the system or the applicants have previously received ACT nomination. The next Canberra Matrix invitation round will be held before 23 February 2023.
The offices for the skills assessing authority will be shut down during the course of festive season. Read more Vetassess Vetassess will be closed for the end-of-year break, from 22 December 2022 to 3 January 2023. However, the online Skills Assessment applications can still be lodged during the shutdown period but as their customer contact centre will be closed, payments will be processed when their offices reopen. New Skills assessment criteria for Apiarists and Beekeepers Apiarist and beekeepers who need a skills assessment for Australian migration purposes will no longer require a bachelor-level degree to satisfy the criteria. They can now apply with a qualification equivalent to an Australian Qualifications Framework (AQF) Certificate Level III or IV, and a period of employment experience that is highly relevant to the occupation. The change comes after VETASSESS consulted with industry bodies who advised that a certificate-level qualification and experience would meet the requirements of employers in the industry. Trade Recognition Australia The TRA Enquiry Line will be closed from 12pm on Wednesday 7 December 2022 and will reopen at 10am, Thursday 8 December 2022. TRA Updates The Migration Skills Assessment (MSA) and Migration Points Advice (MPA) programs are currently experiencing a significant increase in application rates which is affecting processing times resulting in delayed assessments. Also, the average processing times for TRA Job Ready Program are longer than expected due to a high number of applications. Australia Computing Society The ACS Skills office will be closed from Friday 23rd December 2022 to Monday 1 January 2023. Engineers Australia Engineers Australia will be closed from 26 December 2022 to 6 January 2023 inclusive. Assessment applications lodged between 5 December 2022 and 31 January 2023 may experience a service delay, including Fast Track applications.
Migration Amendment (Subclass 189 Visas—New Zealand Stream) Regulations 2022 [the Regulations] dated 8 December 2022 amends the Migration Regulations 1994 to support faster processing of on-hand applications for Subclass 189 – New Zealand stream visa, for the cohort of New Zealand citizens (and their family members) who have been living in Australia generally for a significant period of time and continued to work in Australia during the COVID-19 pandemic. The New Zealand stream of the Subclass 189 visa provides a permanent residence option for New Zealand citizens who have demonstrated commitment to Australia, through long term residence, and who have made and can continue to make, a strong economic contribution to Australia’s future. The amendments remove the requirement for New Zealand stream on-hand applicants to satisfy criteria relating to: 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. However, the primary applicants (and their family members) with on-hand applications must satisfy the existing common criteria for the Subclass 189 (Skilled – Independent) visa which relate to public interest criteria such as character, security, and certain other matters. Furthermore, the benefit of this streamlined visa criteria is being extended only to those New Zealand citizens and their family members who applied prior to the commencement of the Amendment Regulations that is before 10 December 2022. The amendment also pauses new applications for Subclass 189- New Zealand stream from the commencement of the Amendment Regulations (10 December 2022) until 1 July 2023 to provide time for the Government to consider future arrangements for New Zealand citizens. The instrument is registered on the Federal Register of Legislation on 9 December 2022 and commenced on 10 December 2022. It is currently in force. To access the instrument, click here.