Migration Amendment (Location Requirements for Grant of Visa) Regulations 2023 dated 23 November 2023 amends the Migration Regulation 1994 to provide flexibility in relation to applications for Partner (Subclass 309 and 820) and Temporary Graduate (Subclass 485).
Migration Amendment (Location Requirements for Grant of Visa) Regulations 2023:
- provide flexibility in relation to location of applicant for Partner (Subclass 309 and 820) and Temporary Graduate (Subclass 485) visas by allowing applicants to be either in or outside Australia at the time of visa grant;
- provide Subclass 309 Partner visa applicants withstanding to apply for merits review themselves, rather than the sponsor, to facilitate better access for family violence victims and other compassionate circumstances. This is already available for Subclass 820 Partner visa applicants.
As part of Australia’s response to the COVID-19 Pandemic, various concessions were introduced to assist visa applicants who were affected by the COVID-19 Pandemic-related travel restrictions and border closures. These concessions included removing the requirements in relation to where the applicant must be located at the time of visa grant. However, COVID-19 concessions ended on 25 November 2023.
These amendments ensure that even after the lifting of COVID-19 concessions, the flexibility to the location requirements for visa grant, to be either in or outside Australia remains in place for these visas, and also extends this flexibility to the Subclass 820 Partner visa to align with the Subclass 309 Partner visa. These amendments provide a beneficial flexibility that permits the relevant visa to be granted regardless of where the applicant is located at the time of visa grant.
In addition, the Regulations also provide merits review avenues for applicants for a Subclass 309 visa, regardless of whether the application is refused while they are in or outside Australia. This continues and extends the position Subclass 309 visa applicants had under the ‘concession period’, to ensure that access to merits review is retained. This facilitates access to merits review for applicants who may be affected by circumstance such as family violence and to align with the onshore Subclass 820 visa which provides for a Subclass 309 visa applicant to have standing to apply for merits review directly, rather than the sponsor.
The instrument is registered on the Federal Register of Legislation on 24 November 2023 and commenced on 25 November 2023. It is currently in force.
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