The Migration Regulations has been amended to insert new visa condition 8208 which applies to Subclass 500 visas to safeguard against the risk of unwanted transfer of Australia’s critical technology in certain temporary and permanent visa programs.
The following instruments will activate the provisions of visa condition 8208:
Migration (Designated Migration Law—Visa Condition 8208) Determination (LIN 24/009) 2024 determines condition 8208 of Schedule 8 to the Regulations to be part of the designated migration law for the purposes of section 495A of the Act. Condition 8208 requires student visa holders to obtain the approval of the Minister to undertake critical technology related study in a postgraduate research course. The Minister’s decision regarding granting such approval would follow an assessment of the risk of an unwanted transfer of critical technology by the visa holder. The purpose of this Instrument is to allow the Minister to use computerised programs for decision-making in certain circumstances.
The instrument is registered on the Federal Register of Legislation on 19 February 2024 and will commence on the 1 April 2024.
Migration (Critical Technology -Kinds of Technology) Specification (LIN 24/010) 2024 specifies seven kinds of technology included in the definition of critical technology in regulation 1.03 of the Migration Regulations namely:
- advanced manufacturing and materials technology
- artificial intelligence technology
- advanced information and communication technology
- biotechnology
- clean energy generation and storage technology
- quantum technology
- autonomous systems, robotics, positioning, timing, and sensing technology.
This instrument commences on 1 April 2024 and applies:
- In relation to any application for a visa made on or after 1 April 2024, including in relation to public interest criterion 4003B in Schedule 4 to the Regulations
- In relation to conduct covered by condition 8208 where the visa holder first undertakes critical technology related study on or after 1 April 2024.
- On or after 1 April 2024 for the purposes of regulation 2.43 and subclause 10802(2) of Schedule 13 to the Regulations, in relation to any visa granted before, on or after 1 April 2024.
