Australian Immigration Daily News

The Migration Amendment (Public Interest Criteria 4005 and 4007) Regulations 2024 introduces significant changes to the migration health requirements under the Migration Act 1958. This amendment specifically benefits minor visa applicants born and ordinarily resident in Australia with a health condition or disability by exempting them from certain health-related criteria that would previously have made them ineligible for a visa due to the potential cost of healthcare or community services to the Australian community.

Key aspects of the amendment:

• Previously, visa applicants, including minors, had to be free from diseases or conditions that could impose significant healthcare costs or limit access to services for Australian citizens and residents.
• Under the new regulations, minor visa applicants born and ordinarily residing in Australia are not required to meet this condition. This change aligns with the Australian Government's response to the Royal Commission into Violence, Abuse, Neglect, and Exploitation of People with Disabilities.
• This adjustment applies to visa applications made before or after the commencement of the regulations and is applicable to those under merits review as well.

The goal of this reform is to create a fairer, more inclusive migration system for children born in Australia with disabilities or health conditions, ensuring they and their families have equitable access to the visa process and the possibility of permanent residency.

The Attorney-General has enacted the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Rules 2024 (Transitional Rules). These Rules have been registered and are accessible on the Federal Register of Legislation. They will take effect alongside the Administrative Review Tribunal (ART) legislation on 14 October 2024.

The Transitional Rules facilitate the smooth transition from the Administrative Appeals Tribunal (AAT) to the ART by:

• Ensuring the AAT Enterprise Agreement 2024-2027 continues to apply to Australian Public Service employees of the ART.
• Allowing the President of the ART to issue practice directions, establish lists, and appoint jurisdictional area leaders without consulting the Tribunal Advisory Committee within the first 28 days, with mandatory consultation deferred to within 3 months of ART’s commencement.
• Clarifying the transition of timeframes for lodging applications with the ART after the transition period.
• Outlining the transitional arrangements for court applications related to decisions made by the Immigration Assessment Authority (IAA) before the transition period.
• Modifying, for a period of 6 months, the timeframe for individuals in immigration detention to submit an application for review of a reviewable migration or protection decision to the ART.

We also draw your attention to the specific transitional arrangements under the Migration Act 1958 regarding certain decisions, including appeals related to decisions of the Immigration Assessment Authority (IAA).

The Migration Amendment (Family Violence Provisions for Skilled Visa Applications) Regulations 2024 introduces family violence provisions for secondary applicants of certain skilled visa categories. This regulation enables secondary visa applicants (spouse, de facto partners, or dependent children) to be granted a visa if their relationship with the primary applicant has ended due to family violence committed by the primary applicant.

Key points include:

• Secondary applicants may still be eligible for a visa even if they are no longer in a relationship with the primary applicant due to family violence.
• This provision applies to skilled visa subclasses such as the Employer Nomination Scheme (Subclass 186), Regional Sponsored Migration Scheme (Subclass 187), Skilled Independent (Subclass 189), and others.
• The amendment also ensures that family violence survivors are not required to pay additional fees for English language requirements or merits review applications.
• The regulations align with Australia's broader commitment to protect individuals from domestic violence as outlined in the National Plan to End Violence Against Women and Children 2022-2032.

These provisions are designed to ensure that individuals do not feel compelled to remain in abusive relationships in order to maintain their immigration status.

The Home Affairs Legislation Amendment (Australia Travel Declaration and Other Matters) Regulations 2024 introduces the Australia Travel Declaration (ATD), which is a digital alternative to the traditional paper-based Incoming Passenger Card (IPC) used by travellers entering Australia.

This legislation aims to modernise the border clearance process by trialling the ATD, starting with certain passengers arriving at Brisbane Airport. The ATD will be available via the Qantas Frequent Flyer mobile app and will allow passengers to submit their travel and customs declarations digitally, streamlining the process and reducing the need for paper forms.

Key points of the amendment include:

The Migration Amendment (Immigration Clearance Exemption for Transiting Aircraft Crew) Regulations 2024 modifies the existing Migration Regulations 1994 to exempt specific transiting aircraft crew from immigration clearance requirements under Section 166 of the Migration Act 1958. This amendment applies to crew members who are scheduled to depart within 90 minutes of arriving in Australia and remain in the airport transit lounge without exiting.

The aim is to minimise disruptions to flight schedules and reduce unnecessary immigration processing for these crew members. The new regulation allows transiting aircraft crew to bypass immigration clearance if they meet the criteria but still requires them to comply with other entry and reporting requirements. This move will help the Australian Border Force (ABF) allocate resources to higher-risk areas while maintaining border security. The amendment follows temporary COVID-19 measures and is supported by key aviation industry stakeholders.

Additionally, the changes have been assessed as compatible with human rights and do not require a full Impact Analysis, as determined by the Office of Impact Analysis. The regulation begins operation the day after its registration.