The Migration Amendment (Australia’s Engagement in the Pacific and Other Measures) Bill 2023 amends the Migration Act 1958 (the Migration Act) to allow the Minister to implement a visa pre-application process, involving random selection of eligible persons who will then be permitted to apply for a relevant visa to support the Government’s policy objectives in relation to engagement with Pacific nations.
In order to build a strong and engaged Pacific diaspora in Australia, the Government has committed to the creation of a new class of visa, to be called the Pacific Engagement Visa (PEV), to provide access to permanent residence in Australia for an annual quota of citizens of certain Pacific countries and Timor-Leste. In order to establish this framework, the Bill:
- inserts new section 46C in the Migration Act, which establishes the legislative power for the Minister to arrange a ballot to be conducted in relation to one or more visas, including power for the Minister to make a determination, in the form of a disallowable legislative instrument, setting out details relating to eligibility to participate in a ballot and the arrangements for the conduct of the ballot; and
- amends section 46 of the Migration Act to clarify that regulations that specify the criteria for making a valid visa application (usually in Schedule 1 to the Migration Regulations) can include a requirement that the visa applicant has been selected in a ballot.
Persons who are successful in the ballot for the PEV will be notified that they may apply for the visa, which, if granted, will permit permanent residence in Australia. Partners and dependent children of the selected person may be included in the visa application.
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