Australian Immigration Daily News

The Migration (Workplace Justice Visa—LIN 24/055) Instrument 2024 establishes a new visa under the subclass 408 Temporary Activity Visa for addressing workplace exploitation.

Effective from the day after registration, this legislative instrument specifies the entities that can issue certificates for workplace exploitation matters, the types of exploitation covered, and the eligibility criteria for applicants. Key entities include the Fair Work Ombudsman and various unions.

The visa aims to allow temporary migrant workers to remain in Australia to resolve workplace exploitation issues effectively. Detailed consultation with relevant government agencies and practitioners informed the drafting of this instrument.

Please be aware that from 1 August 2024, the Department of Home Affairs will no longer accept payments from Diners Club cards and Discover cards. 

The National Australia Bank limited, which acquired Citigroup's consumer banking business including Diners Club Pty Ltd in Australia ('Diners Club') in June 2022, recently advised the Department about their intention to end the Diners Club Merchant Agreement by no later than 15 September 2024.

As Discover card payments are processed through the same merchant, the Department will also no longer accept payments from Discover cards. A decision may be made in the future to commence a new merchant agreement directly with Discover and if so, you will be informed.

The Migration (Strengthening Reporting Protections—LIN 24/057) Instrument 2024, issued under the authority of the Minister for Immigration, Citizenship, and Multicultural Affairs, commenced on 1 July 2024. This legislative instrument is designed to enhance protections for temporary migrant workers, encouraging them to report workplace exploitation without the risk of visa cancellation.

Key elements of the instrument include:

1. Non-Discretionary Protection: Specific protections against visa cancellation for temporary migrant workers who report workplace exploitation.
2. Discretionary Protection: In cases where non-discretionary protections do not apply, the Minister must consider various factors before deciding on visa cancellation.
3. Certifying Entities: A range of government and non-government bodies, such as the Fair Work Ombudsman and various unions, are authorised to issue certificates attesting to instances of workplace exploitation.

This instrument represents a significant step towards protecting the rights of temporary migrant workers, providing them with the confidence to report exploitation without jeopardising their visa status. For more detailed information, please refer to the documents below.

Migration Alliance is in receipt of the following information from the AAT:

Application fees are payable in the Administrative Appeals Tribunal (AAT) in respect of certain types of applications in accordance with the Administrative Appeals Tribunal Regulation 2015 (AAT Regulation) and the Migration Regulations 1994. The amounts of these fees will increase on 1 July 2024.

General, Freedom of Information, Security, Small Business Taxation, and Taxation & Commercial and Divisions From 1 July 2024, the standard application fee will be $1,121.

The Australian Government has issued the Migration Amendment (Visa Application Charges) Regulations 2024, which will come into effect on 1 July 2024. These regulations amend the Migration Regulations 1994 to implement the annual indexation of visa application charges (VACs) in line with the forecast Consumer Price Index (CPI) and the 2024-25 Budget Decision Visa Application Charge Uplift.

Key updates include:

• The VACs for most visa categories will increase by 2.75% based on the 2024-25 CPI.
• A significant one-off increase in VACs for Student (Temporary) visas, with the base application charge rising to $1,600, and additional applicant charges set at $1,190 for adults and $390 for minors.
• The changes aim to align the cost of VACs with the value gained by visa holders, supporting sustainable migration growth and the integrity of Australia's international education sector.

These adjustments ensure the continued efficiency and responsiveness of Australia's visa program. For more information, visit the official Migration Strategy page on the Department of Home Affairs website.