Migration (Approved Activities) Instrument (LIN 20/053) 2020 dated 25 September 2020 [“the Instrument”] specifies approved activities when voluntarily engaged in by detainees in Immigration Detention. The approved activities include activities for personal purposes such as gardening, cleaning, or painting; cooking and food preparation; community activities; educational classes and activities; computer activities; arts or crafts; excursions; religious services and cultural activities; and recreational activities such as games, physical fitness activities, reading, music, sport and sporting competitions, and television and movies. Engagement by detainees in any of the approved activities will not be considered to be performing work in breach of paragraph 235(3) of the Migration Act 1958. According to Section 2 of the Instrument, it comes into effect from 01 October 2020, i.e., the day after its registration on the Federal Register of Legislation. To access the full Instrument, click here.
Australian Citizenship Act 2007 and Australian Citizenship Regulation 2016, as amended by Statute Update (Regulations References) Act 2020 (No. 18, 2020) to update references to Regulations in the Commonwealth Statute law, have been compiled and registered on the Federal Register of Legislation on 29 September 2020 and 30 September 2020, respectively. The Commonwealth Statute laws updated include Age Discrimination Act 2004, Airports Act 1996, A New Tax System (Goods and Services Tax) Act 1999, Australian Citizenship Act 2007, Carbon Credits (Carbon Farming Initiative) Act 2011, Customs Act 1901, Income Tax Assessment Act 1997, International Monetary Agreements Act 1947, Judicial Misbehaviour and Incapacity (Parliamentary Commissions) Act 2012, and Military Rehabilitation and Compensation Act 2004. The compilation of Citizenship Act has not incorporated the amendments made by Australian Citizenship Amendment (Citizenship Cessation) Act 2020 (No. 88, 2020) which amends the provisions under Australian Citizenship Act 2007 regarding Citizenship renunciation and revocation and Citizenship cessation determinations. However, these provisions are in effect from 18 September 2020 and are currently in force. To access the modified compilation of Citizenship Act, click here. To access the modified compilation of Citizenship Regulation, click here.
Canberra Matrix open to Canberra residents only. 457 visa / 482 visa holders: 16 invitations ACT 190 nomination: 10 invitations ACT 491 nomination: 6 invitations Matrix nominating Critical occupations: 206 invitations ACT 190 nomination: 147 invitations ACT 491 nomination: 59 invitations Invitations were not issued for an occupation if the monthly cap was met. The next Canberra Matrix invitation round will be held on or before 09 October 2020.
The Department of Home Affairs have released information on 08 September 2020 under Freedom of Information request (FOI) providing information on Subclass 189 visa applications granted between 01 March 2020 and 31 August 2020 categorised by occupation of the primary applicant. According to the information, the following number of visas have been granted: Month Visas Granted March 2020 750 April 2020 129 May 2020 136 June 2020 161 July 2020 172 August 2020 151 The Department has also released information specific to visa applications granted 189 points tested and NZ stream with occupation of Management Consultant (ANZSCO – 224711) as per the FOI request, including undecided visa applications for on hand. To access the full disclosure, click here.
The Department of Home Affairs has published ‘Skilled visa newsletters – September 2020’ on its website providing information on Global Business and Talent Attraction Taskforce, Skilled Regional visa, Business Innovation and Investment Program, and Employer Sponsor Program. The Department has provided detailed information including, COVID-19 concessions to assist prospective Skilled – Regional (Subclass 887) visa applicants, enquiries about the Subclass 485 Temporary Graduate Visas, applications processed by the Business Innovation and Investment Program team in Adelaide, Skilling Australians Fund (SAF) levy refund requests for Temporary Skill Shortage (TSS) Visas Subclass 482, babies and the TSS visa, temporary employment changes in Subclass 457, 482 & 494 visa holders, arrangements for skilled workers from Hong Kong, and new Labour Market Testing (LMT) requirements. To view full newsletters, click here.
The Department of Home Affairs have released information on 14 September 2020 under Freedom of Information request (FOI) providing information on the number of Skilled – Regional (Provisional) Subclass 489 visa applications lodged, granted and refused for applicants within and outside Australia for the period between July 2019 and August 2020. According to the information, the following number of visas have been lodged, granted and refused during this period: Status Total Visas Applications Lodged (Within Australia) 3,448 Applications Lodged (Outside Australia) 6,475 Applications Granted (Within Australia) 5,382 Applications Granted (Outside Australia) 7,475 Applications Refused (Within Australia) 141 – 146 Applications Refused (Outside Australia) 348
The Department of Home Affairs have released information on 11 September 2020 under Freedom of Information request (FOI) providing statistics of inbound and outbound travel exemptions from the period between 20 March 2020 and 20 August 2020. During this period, the Commissioner of Australian Border Force (ABF) has approved 15,801 inbound exemption requests and 36,426 outbound exemption requests during the travel restrictions due to Covid-19 pandemic. The Department has also released information that 4,627 inward exemption requests have been approved by the ABF Commissioner between 01 August 2020 and 20 August 2020.
Australian Citizenship Amendment (Citizenship Cessation) Act 2020 (No. 88, 2020) [“the Act”] amends the provisions under Australian Citizenship Act 2007 regarding Citizenship renunciation and revocation and Citizenship cessation determinations. It also amends relevant provisions under Independent National Security Legislation Monitor Act 2010, and Intelligence Services Act 2001. The Act primarily focuses on Citizenship cessation determinations and has inserted new provisions regarding Citizenship cessation determination for certain conduct, declared terrorist organisation, Citizenship cessation determination for certain convictions, public interest in making or revoking citizenship cessation determinations, notice of citizenship cessation, determination that notice of citizenship cessation should not be given, revocation of citizenship cessation determination on application to Minister, revocation of citizenship cessation determination on Minister’s initiative, automatic revocation of citizenship cessation determination, no resumption of citizenship if citizenship ceases under the above provisions. The Act has received the Royal assent on 17 September 2020 and according to Section 2 of the Act, it is in effect from 18 September 2020. To access the full Act, click here.
Migration Amendment (COVID-19 Concessions) Regulations 2020 dated 17 September 2020 [“the Regulations”] amend the Migration Regulations 1994 to provide assistance to temporary and provisional visa holders, who have been affected by the COVID-19 pandemic due to travel restrictions or restrictions imposed on businesses. The Regulations defines a concession period, termed as ‘the initial concession period’ commencing from 01 February 2020. The Regulations amend provisions regarding Subclass 887 (Skilled—Regional) visas, Subclass 888 (Business Innovation and Investment (Permanent)) visas, Subclass 790 (Safe Haven Enterprise) visas, and Subclass 485 (Temporary Graduate) visas, along with certain transitional provisions. According to Section 2 of the Regulations, they come into effect from 19 September 2020, i.e., the day after their registration in the Federal Register of Legislation. To access the full Regulations, click here.
On 17 September, which is also Australian Citizenship Day, The Hon Alan Tudge MP, the Acting Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs Australian Government has announced that the Australian citizenship test will be updated to emphasize more on Australian values in addition to core facts and figures. The Hon Alan Tudge MP said that, “Our Australian values are important. They have helped shape our country and they are the reason why so many people want to become Australian citizens… We are asking those who apply for citizenship to understand our values more deeply before they make the ultimate commitment to our nation” The updated test will include 5 questions on Australian values amongst the 20 multiple-choice questions. In order to pass the test, the applicant will have to correctly answer all 5 of the questions on Australian values, along with scoring a mark of at least 75 per cent overall in the test. The new test is expected to be in effect from 15 November 2020. The Minister has also announced that new applicants for most visas, along with the citizenship applicants will be required to affirm the updated Australian Values Statement (AVS) from 30 October 2020 onwards. However, no changes have been announced to the English language requirements or residency requirements for citizenship.