Migration (LIN 20/184: Subclass 462 (Work and Holiday) visa – Specified work and areas) Instrument 2020 dated 18 August 2020 [“the Instrument”] specifies work and areas for Subclass 462 (Work and Holiday) visa. The Instrument specifies and outlines the kind of work in fishing and pearling work and tree farming and felling work; tourism and hospitality work; plant and animal cultivation work and construction work; bushfire recovery work; critical COVID-19 work in the healthcare and medical sectors for the purpose of Regulation 1.15FA of the Migration Regulations 1994. Schedule 4 of the Instrument also specifies different areas of Australia for the purpose of various specified works. Bushfire recovery work as specified by the Instrument includes construction, farming, or any other work in association with recovery or restitution of land, property, farm animals or wildlife; and providing support services or assistance to people living, working or volunteering in the affected areas. The Instrument is registered on the Federal Register of Legislation on 18 August 2020 and as per Section 2 of the Instrument, it commences on the day after it is registered, i.e. 19 August 2020 and accordingly is in effect now. To access the full Instrument, click here.
Migration (LIN 20/182: Subclass 417 (Working Holiday) visa—Specified work and places) Instrument 2020 dated 18 August 2020 [“the Instrument”] specifies kinds of work and places for the Working Holiday (Temporary) (Class TZ) (Subclass 417) visa. The Instrument specifies fishing and pearling work, tree farming and felling work, plant and animal cultivation work, construction work and mining work as specified work for the purpose of Sub-item 1225(5) of Schedule 1 to the Migration Regulations 1994, and provides a definition of ‘regional Australia’, including all places occupying any postcode area within a State or Territory of Australia, for this purpose of these specified work. The Instrument also specifies bushfire recovery work, including construction, farming, or any other work in association with recovery or restitution of land, property, farm animals or wildlife; and providing support services or assistance to people living, working or volunteering in the affected areas, for the purpose of Sub-item 1225(5) of Schedule 1 to the Migration Regulations 1994, and provides a definition of ‘regional Australia’, including all places occupying any postcode area within a State or Territory of Australia, for this purpose of these specified work. Further, in light of the ongoing COVID-19 pandemic, the Instrument also specifies critical COVID-19 work in the healthcare and medical sectors, for the purpose of Sub-item 1225(5) of Schedule 1 to the Migration Regulations 1994, and provides a definition of ‘regional Australia’, including all places occupying any postcode area within a State or Territory of Australia, for this purpose of these specified work. This includes work related to medical treatment, nursing, contact tracing, testing and research; and support services such as cleaning of medical and health care facilities and equipment. The Instrument is registered on the Federal Register of Legislation on 18 August 2020 and as per Section 2 of the Instrument, it commences on the day after it is registered, i.e. 19 August 2020 and accordingly is in effect now. To access the full Instrument, click here.
On 11 August 2020, announced that the State has received update regarding interim allocation places for General Skilled Migration, the Skilled Nominated (Permanent) Visa (Subclass 190) and the Skilled Work Regional (Provisional) Visa (Subclass 491), and Business Migration program for the financial year 2020-2021. The allocation is expected to be limited with priority being given to support State’s economic and public health recovery. With this background, the State is finalising the program requirements and application processes and expecting to open applications in late August 2020. The applications will be prioritised according to: Business Innovation and Investment Program applicants who have already lodged an ‘Intention to Apply’ Applicants employed in critical sectors to support South Australia’s response to the COVID-19 pandemic Consideration to onshore applicants who satisfy these criteria The State has also reaffirmed that the full nomination allocations will be determined during 2020-2021 Budget process, later in the year.
Migration Agents Registration Application Charge Amendment (Rates of Charge) Commencement Proclamation 2020 dated 06 August 2020 [“the Instrument”] fixes 15 October 2020 as the day on which Schedule 1 to the Migration Agents Registration Application Charge Amendment (Rates of Charge) Act 2020 commences. Charge) Act 2020 requires a Registered Migration Agent who has paid the non-commercial registration fee to pay commercial registration fee from the time they provide commercial immigration advice. Accordingly, these provisions will be in effect from 15 October 2020. Migration Agents Registration Application Charge Amendment (Rates of Charge) Act 2020 also amends provisions regarding for payment of adjusted charge for providing non-commercial immigration assistance. To access the full Instrument, click here.
Migration Agents Registration Application Charge Amendment (Rates of Charge) Regulations 2020 dated 06 August 2020 [“the Instrument”] amends the Migration Agents Registration Application Charge Regulations 1998 to reflect the changes made by the Migration Agents Registration Application Charge Amendment (Rates of Charge) Act 2020 (Cth). Migration Agents Registration Application Charge Amendment (Rates of Charge) Act 2020 (Cth) amends the Migration Agents Registration Application Charge Act 1997 (Cth) for payment of adjusted charge for providing non-commercial immigration assistance. Accordingly, the Instrument amends provisions relating to general charge and non‑commercial application charge, and charge on basis of status of migration agent including working out amount of charge. The Instruments also inserts new provisions incorporating amendments made by the Migration Agents Registration Application Charge Amendment (Rates of Charge) Regulations 2020. To access the full Instrument, click here.
Migration Agents Amendment (Regulation of Migration Agents) Regulations 2020 dated 06 August 2020 [“the Instrument”] amends the Migration Agents Regulations 1998 to reflect the changes made by the Migration Amendment (Regulation of Migration Agents) Act 2020 (Cth). Migration Amendment (Regulation of Migration Agents) Act 2020 (Cth) amends the Migration Act 1958 (Cth) and contains provisions regarding the Australian legal practitioners providing immigration assistance in Schedule 1, including transitional arrangements, registration periods in Schedule 2, redundant provisions in Schedule 3, requirement for applicants to provide further information in Schedule 4, fees and charges in Schedule 5, and other amendment in Schedule 6. Accordingly, the Instrument amends provisions relating to Australian legal practitioners providing immigration assistance and registration requirements, outlines the redundant provisions, and provides transitional provisions regarding operation of amendments relating to registration of migration agents. The Instrument is registered on the Federal Register of Legislation on 07 Aug 2020 and as per Section 2, various provisions are in effect from 8 August 2020 and 11 August 2020, accordingly. To access the full Instrument, click here.
Migration Amendment (Regulation of Migration Agents) (Schedules 3, 4 and 6) Commencement Proclamation 2020 dated 06 August 2020 [“the Instrument”] fixes 11 August 2020 as the day on which Schedules 3, 4 and 6 to the Migration Amendment (Regulation of Migration Agents) Act 2020 commences. Schedules 3, 4 and 6 to the Migration Amendment (Regulation of Migration Agents) Act 2020 outline redundant provisions, requirements for applicants to provide further information, and other amendments to the Migration Act 1958 (Cth) regarding immigration assistance. Accordingly, these provisions are in effect now. Migration Amendment (Regulation of Migration Agents) Act 2020 also amends provisions regarding the Australian legal practitioners providing immigration assistance in Schedule 1, including transitional arrangements, registration periods in Schedule 2, and fees and charges in Schedule 5. To access the full Instrument, click here.
In response to the changes to Victoria’s restriction levels to control the spread of COVID-19, as announced by the State Premier on 02 August 2020, from 11:59pm on Wednesday 05 August employers requiring their staff to attend a work site in Melbourne have to issue a worker permit to their employees under the ‘Permitted Worker Scheme’. Further, a dedicated ‘Industry Coordination Centre’ has been set up within the Department of Jobs, Precincts and Regions to support businesses and determine if businesses can safely operate under the Stage 4 restrictions. To know more about the ‘Permitted Worker Scheme’ and eligibility, click here. To discuss if your business is COVID-SAFE for operation, call Business Victoria on 13 22 15.
On 05 August 2020, the Victorian Government has announced further support, in addition to previous financial assistance and a range of other government assistances, for temporary and provisional visa holders in the State. The Government has offered the ‘Pandemic Leave Disaster Payment’, announced by the Commonwealth Government, for Victorians who have no source of income because of self-isolation or quarantine due to COVID-19. The State also offers support for wearing face masks and coverings, including distribution of 2.1 million reusable face masks to vulnerable Victorians and agencies delivering services in the fight against COVID-19. This is in addition to previously announced financial assistance and other assistances including support for job seekers and renters, setting up AUD $45 million International Student Emergency Relief Fund for international students facing financial hardship during the crisis, relaxation of work hours, relief payments for temporary visa holders, support for multi-cultural and multi-faith families, and public housing support.
The Migration & Refugee Division at the Administrative Appeals Tribunal (AAT) has released an online form for requesting an expedited decision for reviews of migration matters. An expedited decision may be made in favour of the review applicant, without conducting a hearing, when the AAT is objectively satisfied of the new evidence submitted on the relevant issues in dispute. To request an expedited decision, the following requirements must be met: The applicant applies for review of a visa refusal decision; and Refusal of visa was on grounds of one or more visa criteria not being met; and New documentary evidence to be submitted demonstrates the criterion or criteria are now being met. Requesting an expedited decision is not available for review of a decision about nomination or sponsorship of an activity, occupation, position or person; or if the criterion requires a subjective assessment of any matter, including determining the requirement of a genuine relationship for a partner visa or determining the requirement of a genuine temporary entrant for a student visa. To request an expedited decision at the AAT, click here.