Compilation of Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Instrument (LIN 20/169) 2020 [Compilation] dated 14 February 2023 incorporates the amendments made by Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Amendment Instrument (LIN 23/013) 2023 [Instrument] to update the eligibility requirements including the approved form and manner to make an application for Temporary Protection (Class XD) visa and Safe Haven Enterprise (Class XE) visa by the applicants who does not hold, and has not held, a Temporary Protection (Class XD) visa or a Safe Haven Enterprise (Class XE). The instrument updates the eligibility requirements for certain classes of applicants to make an application for Temporary Protection (Class XD) visa and Safe Haven Enterprise (Class XE) visa. It specifies the eligibility requirements including the approved form and manner to make an application for Temporary Protection (Class XD) visa and Safe Haven Enterprise (Class XE) visa by the applicants who does not hold, and has not held, a Temporary Protection (Class XD) visa or a Safe Haven Enterprise (Class XE). The instruments specifies that for item 1403 and 1404 of Schedule 1 to the Regulations, an application for a Temporary Protection (Class XD) visa and Safe Haven Enterprise (Class XE) visa respectively by an applicant who does not hold, and has not held, a Temporary Protection (Class XD) visa or a Safe Haven Enterprise (Class XE) visa must be made using the approved form 866 in internet or paper format. It can be made as an internet application or in case, it cannot be made as an internet application, by using form 866 with sufficient postage to the specified departmental address in Sydney which is: “Protection Visas Department of Home Affairs GPO Box 9984 SYDNEY NSW 2001.” The compilation is registered on the Federal Register of Legislation on 17 March 2023 and commenced on 14 February 2023. It is currently in force. To access the compilation, click here.
Migration (Visitor Visa Applications from Citizens of the People’s Republic of China) Instrument (LIN 23/020) 2023 [Instrument] dated 15 March 2023 specifies all provinces, municipalities and autonomous regions in Mainland China as specified areas for the purpose of applying for a Subclass 600 Visitor visa in the Approved Destination Status (ADS) stream by the citizen of People’s Republic of China and repeals the Migration Regulations 1994 – Specification of Visitor Visa Applications from Citizens of the People’s Republic of China – IMMI 13/008. The purpose of this instrument is to list all provinces, municipalities and autonomous regions in Mainland China as specified areas for the purposes of subclause 600.251(2) of the Migration Regulations. Subclause 600.251(1) of Schedule 2 to the Migration Regulations requires that an applicant for a Subclass 600 Visitor visa in the Approved Destination Status (ADS) stream be a citizen of the People’s Republic of China (PRC). In addition, Subclause 600.251(2) of Schedule 2 to the Migration Regulations also requires the same citizen to be a resident in an area of PRC including provinces, municipalities and autonomous regions in Mainland China specified by the Minister in an instrument in writing. The Instrument list the following provinces, municipalities, and autonomous regions in PRC as specified areas for the purposes of subclause 600.251(2) of Schedule 2 to the Migration Regulations. Provinces Item Provinces Item Provinces 1 Anhui 12 Jiangsu 2 Fujian 13 Jiangxi 3 Gansu 14 Jilin 4 Guangdong 15 Liaoning 5 Guizhou 16 Qinghai 6 Hainan 17 Shaanxi 7 Hebei 18 Shandong 8 Heilongjiang 19 Shanxi 9 Henan 20 Sichuan 10 Hubei 21 Yunnan 11 Hunan 22 Zhejiang Municipalities Item Municipalities 1 Beijing 2 Chongqing 3 Shanghai 4 Tianjin Autonomous Regions Item Regions 1 Guangxi Zhuang 2 Inner Mongolia 3 Ningxia Hui 4 Tibet 5 Xinjiang Uygur The instrument repeals Migration Regulations 1994 – Specification of Visitor Visa Applications from Citizens of the People’s Republic of China – IMMI 13/008 but maintains the arrangements in place under that Instrument. The instrument is registered on the Federal Register of Legislation on 16 March 2023 and commenced on 17 March 2023. It is currently in force. To access the instrument, click here.
Office of the Migration Agents Registration Authority (OMARA) vide their email dated 3 March 2023 with subject line ‘AAT – New Migration and Refugee Practice Direction and President’s Direction’ has informed all the registered migration agents about the new Migration and Refugee Practice Direction and revised President’s Direction – Prioritising Cases in the Migration and Refugee Division. The new Migration and Refugee Practice Direction given under section 18B of the Administrative Appeals Tribunal Act 1975 replaces the Migration and Refugee Matters Practice Direction (dated 1 August 2018) and the COVID – 19 Special Measures Practice Direction – Migration and Refugee Division (dated 2 March 2021) with an up to date, streamlined document that is set out in chronological order from lodgement to hearing. The purpose of this Direction is to set out the AAT’s requirements and expectations of applicants and representatives in relation to the conduct of reviews in the Migration and Refugee Division. The new Direction not only sets out the Tribunal’s current requirements but also contains information that will assist applicants and representatives prepare evidence and submissions. It applies to applications for review of decisions in the AAT’s Migration and Refugee Division. The revised President’s Direction – Prioritising Cases in the Migration and Refugee Division given under section 18B of the Administrative Appeals Tribunal assists the Registry with prioritisation of the Migration and Refugee Division’s caseload. This Direction applies to cases that are dealt with in the Migration and Refugee Division of the Administrative Appeals Tribunal (AAT) and is intended to ensure consistency and fairness in the AAT’s approach to the prioritisation of cases in this Division. According to this Direction following applications are to be given the highest priority: The next highest priority will be given to: Priority for all other applications, except the above mentioned, is to be determined by date of lodgement of the application for review. To know more about Migration and Refugee Practice Direction, click here. To know more about President’s Direction – Prioritising Cases in the Migration and Refugee Division, click here.
Migration (IMMI 18/089: Arrangements for Other Visas) Instrument 2018 [‘the Compilation’] dated 14 February 2023 incorporates the amendments made by Migration (Arrangements for Other Visas) Amendment Instrument (LIN 23/012) 2023) [‘the Amendment Instrument’] dated 10 February 2023 to update the approved place, manner and form of a valid application for a Resolution of Status (Class CD) visa. Migration (IMMI 18/089: Arrangements for Other Visas) Instrument 2018 specifies the approved place, manner and form of a valid application for a Confirmatory (Residence) (Class AK) visa, Resolution of Status (Class CD) visa, Border (Temporary) (Class TA) visa, Transit (Temporary) (Class TX) visa. Following changes have been made to the Migration (IMMI 18/089: Arrangements for Other Visas) Instrument 2018 by Migration (Arrangements for Other Visas) Amendment Instrument (LIN 23/012) 2023: 1) Item 1 of Schedule 1 of the amendment instrument inserts the definition of ImmiAccount after the definition of ‘Department’: ‘ImmiAccount means the Department of Home Affairs’ interactive portal for online services available through the Department’s website at https://immi.homeaffairs.gov.au.’ 2) Item 2 of Schedule 1 of the amendment instrument substitutes section 7 of IMMI 18/089 with a new provision stating that an application for a RoS visa must be made by completing approved form 1364 (Internet) and making an Internet application, or by completing form 1364 and posting the application to the specified address if the applicant has been authorised to do so by an officer of the Department. 3) Item 3 of Schedule 1 of the amendment instrument repeals Schedule 2 to IMMI 18/089 The amendments are intended to support the Government’s policy of transitioning certain persons who hold or have held a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa to a RoS visa. The instrument will enable those persons to apply for a RoS visa by directing their applications to a specified address of the Department of Home Affairs. The compilation is registered on the Federal Register of Legislation on 7 March 2023 and commenced on 14 February 2023. It is currently in force. To access the compilation, click here.
Migration (Arrangements for Resident Return visa applications) Instrument (LIN 22/019) 2022 incorporates the amendment made by Migration (Arrangements for Resident Return visa applications) Amendment Instrument (LIN 23/014) 2023 dated 15 February 2023 to update LIN 22/019 to reflect changes to the approved form, place and manner for making an application for a Special Eligibility (Class CB) visa application. The instrument specifies the arrangements for making a valid application for a Special Eligibility (Class CB) visa (class CB visa) and for a Resident Return (Temporary) (Class TP) visa (Class TP visa) under items 1128, 1118A and 1216 of Schedule 1 to the Regulations. The instrument specifies the approved form, place and manner for making an application for each class of visa. Section 4 of the instrument specifies the arrangements for making an application for a Class CB visa and provides that an application must be made using for 47SV and must be posted, with sufficient prepaid postage to the specified address, which previously was Locked Bag 7 Northbridge WA 6865 Australia. Migration (Arrangements for Resident Return visa applications) Amendment Instrument (LIN 23/014) 2023 specifies the changes to the approved form, place and manner for making an application for a Special Eligibility (Class CB) visa application. It amends the section 4 of LIN 22/019 to change the address to which an application for a Special Eligibility (Class CB) visa must be sent. According to the new arrangements, an application for a Special Eligibility (Class CB) visa must be made using form 47SV and be posted with sufficient prepaid postage to Subclass 151 Visa Application Department of Home Affairs PO Box 9984 Sydney NSW 2001 Australia. All other arrangements previously in place under LIN 22/019 will remain unaffected and continue to be in force. The instrument is registered on the Federal Register of Legislation on 1 April 2022 and is currently in force. To access the instrument, click here.
Compilation of Migration (Arrangements for Temporary Work (International Relations) (Class GD) visa applications) (LIN 22/009) Instrument 2022 dated 29 October 2022 incorporates the amendments made by Migration (Arrangements for Temporary Work (International Relations) (Class GD) visas) Amendment Instrument (LIN 22/088) 2022 (No. 2) to remove specification of Australian Agriculture Worker stream in the Subclass 403 (Temporary Work (International Relations)) visa as it has been repealed by the Migration Amendment (Repeal of Australian Agriculture Worker Stream) Regulations 2022 (the Amendment Regulations). The commencement of the Migration Amendment (Repeal of Australian Agriculture Worker Stream) Regulations 2022 (the Amendment Regulations) on 1 October 2022, repealed the Australian Agricultural Worker stream from the Subclass 403 (Temporary Work (International Relations)) visa streams. However, prior to the commencement of this instrument, the Subclass 403 visa had six streams: LIN 22/009 specifies the manner of making an application including the approved forms for the above-mentioned visa streams of Subclass 403 visa. The purpose of Migration (Arrangements for Temporary Work (International Relations) (Class GD) visas) Amendment Instrument (LIN 22/088) 2022 (No. 2) is to remove references in LIN 22/009 to the Australian Agriculture Worker stream in the Subclass 403 (Temporary Work (International Relations)) visa (Subclass 403 visa), which is the only subclass for the Temporary Work (International Relations) (Class GD) visa. As the Australian Agricultural Worker stream has been repealed, the stream will no longer be specified in LIN 22/009. Other than the removal of the Australian Agricultural Worker stream, there is no change to the arrangements specified in LIN 22/009 for other streams of the Subclass 403 visa. The compilation is registered on the Federal register of Legislation on 1 March 2023 and commenced on 29 October 2022. It is currently in force. To access the full compilation, click here.
Compilation of Migration (Arrangements for Bridging visa applications) Instrument (LIN 21/045) 2021 [ “the Compilation”] dated 14 February 2023 incorporates the amendment made by Migration (Arrangements for Bridging visa applications) Amendment Instrument (LIN 23/019) 2023 to specify approved form for making bridging visa applications and to make amendments consequential to the making of the Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023 (the Amendment Regulations). The instrument prescribes form 1364 (Internet) for online application for a Bridging A (Class WA) visa (BVA), a Bridging C (Class WC) visa (BVC), and a Bridging E (Class WE) visa (BVE). The purpose of the introduction of the online lodgement method is to: In cases where the applicants for a BVA BVC or BVE are not able to access the online lodgement or are unable to apply via Immiaccount, they can apply by using an approved paper form by emailing to bv.abc.lodgement@homeaffairs.gov.au provided that the applicant has received a written notice to do so by the Department and must attach such notice with the application form. However, the changes in the lodgement options only apply to the BVA, BVC or BVE visa applications and doesn’t affect the lodgement procedure for Bridging B (Class WB) visa, Bridging D (Class WD) visa, or Bridging F (Class WF) visa applicants. Furthermore, the instrument makes consequential amendments to the Migration Amendment (Transitioning TPV/SHEV Holders to Resolution of Status Visas) Regulations 2023. The Amending Regulations excludes potential applicants holding a Subclass 785 (Temporary Protection) visa (TPV) or a Subclass 790 (Safe Haven Enterprise) visa (SHEV) from using Form 1364 and Form 1364 (Internet) to apply for a BVA, BVC or BVE as a Bridging visa is not required by these applicants to maintain their status as lawful non-citizens. The compilation is registered on the Federal Register of Legislation on 2 March 2023 and commenced on 14 February 2023. It is currently in force. To access the full compilation, click here.
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 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: 22 February 2023 Matrix nominating Small Business Owners: 25 invitations 457 visa / 482 visa holders: 08 invitations Matrix nominating Critical Skill occupations: 478 invitations Overseas Applicants Matrix nominating Critical Skill occupations: 408 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 27 March 2023. 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: 22 February 2023 Matrix nominating Small Business Owners: 25 invitations 457 visa / 482 visa holders: 08 invitations Matrix nominating Critical Skill occupations: 478 invitations Overseas Applicants Matrix nominating Critical Skill occupations: 408 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 27 March 2023.
From 1 July 2023, international higher education graduates with eligible qualifications will be granted an extra two years of post-study work rights and also allowable work hours cap for student visa holder will be increased from 40 hours to 48 hours per fortnight to address skills shortages and assist in Australia’s economic recovery and growth. The Government has also released a list of occupations and qualifications enabling graduates to access greater work rights that mostly includes health teaching, engineering and agricultural fields. The visa will be extended for 2 years which means eligible graduates with a valid Temporary Graduate Visa on 1 July 2023 or who apply for a Temporary Graduate Visa after 1 July 2023, will be considered for the two years extension. Graduates with a Bachelor, Honours or Master’s degree will be eligible for a visa with a further two year extension post study work rights if their qualification is listed on the Department of Education’s ‘Eligible Qualifications List (EQL)’. In addition, transitional arrangements are also in place to support other graduates. Temporary Graduate visa holders in Australia whose visas expired or will expire between 1 September 2022 and 1 July 2023, or Temporary Graduate visa holders who were in Australia throughout the pandemic period and are therefore not eligible for the TGV Replacement stream, may be eligible for the COVID-19 Pandemic Event (subclass 408) visa with a 2-year stay period provided that the applicant is working in Australia or have an offer of employment. The applicant must apply 90 days before their TGV expires, or 28 days after their TGV expires to be eligible for a Pandemic event visa. Furthermore, from 1 July 2023 the Government will increase the allowable work hours cap from 40 hours per fortnight to 48 hours per fortnight to help students to support themselves financially, gain valuable work experience and contribute to Australia’s workforce needs while they study. To access the Eligible Qualifications List (EQL),click here.
Migration Amendment (Status of Forces Agreement—Fiji and Timor-Leste) Regulations 2023 dated 16 February 2023 amends the Migration Regulations 1994 to specify members of the Fijian as well as the Timor-Leste armed forces and civilian component, and their dependants, who come under the SOFA (Status of Forces Agreement) to be taken to have been granted a Special Purpose visa (SPV) to travel to, enter and remain in Australia to carry out official duties. Status of Forces Agreement relating to the cooperation between Australia and Fiji and Australia and Timor-Leste, were signed on 20 October 2022, and 7 September 2022, respectively. These Agreements come into force when final implementation steps are taken by the relevant countries. Under Article 24 of the Fiji Agreement and Article 5 the Timor-Leste Agreement, the SOFAs enter into force on the date on which the Parties exchange diplomatic notes informing each other that their respective internal procedures necessary to give effect to the Agreements have been completed. In addition, under Fiji SOFA and Timor-Leste SOFA, there is a requirement of the receiving country to facilitate entry and stay of the visiting force, civilian components, and their dependants, to perform official duties under the SOFA, without the requirement to apply for a visa. The Regulations implement the above stated requirement of Fiji SOFA and Timor-Leste SOFA by including members of the Fijian and Timor-Leste armed forces, civilian component personnel and their dependants, who hold the relevant documents, as classes of persons for the purposes of being taken to be granted a SPV. Members of the Fijian and Timor-Leste armed forces and civilian component would enter Australia to carry out official duties in accordance with the terms of the SOFA. The instrument is registered on the Federal Register of Legislation on 20 February 2023 and commenced on 21 February 2023. It is currently in force. To access the instrument, click here.