Australian Immigration Daily News

The Migration Amendment (Bridging Visa Conditions) Bill 2023 (the Bill) amends the Migration Act 1958 (the Migration Act) and the Migration Regulations 1994 (the Migration Regulations) to ensure non-citizens for whom there is no real prospect of removal from Australia becoming practicable in the reasonably foreseeable future and who are therefore not capable of being subject to immigration detention under subsections 189(1) and 196(1) of the Migration Act following the High Court’s orders of 8 November 2023 in NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs (NZYQ) and who do not otherwise hold a visa are subject to appropriate visa conditions on any bridging visa granted to them following release.

The objective of the Bill is to keep the community safe, and to strengthen relevant migration laws to respond to the decision in NZYQ.

The Australian Government is taking action to strengthen the BVR framework to support the effective management of the migration status of members of this cohort, and to reinforce expectations about the purpose of the BVR, including reporting and notification obligations.

The BVR permits, eligible non-citizens whose removal is currently not reasonably practicable to lawfully remain in Australia pending removal. The Department of Home Affairs (the Department) may use a BVR where a non-citizen in the NZYQ-affected cohort has no entitlement to remain in Australia and is and is unlikely to qualify for any other visa.

The BVR includes requirements for the person to engage and cooperate with the Department to facilitate their removal from Australia.

The current requirements for BVR holders are being further strengthened through this Bill to reflect the current environment and the expectations of the Australian community in respect to the management of non-citizens holding BVRs, in light of the implications of the orders in NZYQ.

Amendments to the BVR are required to ensure the effective management of this aspect of the migration system, including recognising that non-citizens with a history of serious criminal offending, including but not limited to serious offences committed in Australia, require appropriate and proportionate management while their migration status is being resolved.

The Australian community expects well-managed migration and reasonably expects non-citizens will cooperate with removal planning and immigration processes. The Australian community expects non-citizens not to engage in behaviour contrary to resolving their immigration status, and the Australian community expects that non-citizens in Australia abide by Australia’s laws. It is also recognised that failure to comply with Australia’s laws affects the Australian community and impedes the Government’s ability to effectively manage the person’s removal from Australia.

Source: Migration-Amendment-Bridging-visa-conditions-bill-2023.pdf

and Migration-Amendment-Bridging-visa-conditions-bill-2023-explanatory-memorandum.pdf

The following information has been sent to us from the NSW government to share with members:

Skilled Work Regional visa (subclass 491)

Updates to our Skilled Work Regional (subclass 491) visa nomination criteria and procedures, aimed at improving clarity and the application experience, are now available on our website.

The changes will provide employers and holders of TSS visas with more certainty and ensure Australia attracts and retains the skilled workers it needs.

Temporary Skill Shortage (subclass 482)

From 25 November 2023* the Government plans to remove the limit on the number of Short- term stream TSS visa applications that visa holders can make in Australia.

This change is intended to apply to new TSS visa applications made on or after 25 November 2023. Short term-stream TSS holders with visas expiring before 25 November 2023 will need to travel outside Australia to lodge a third short term-stream TSS application.

Source: Expanding-pathways-to-PR-for-temporary-skilled-sponsored-workers.pdf

Submissions will close on Friday 17 November 2023 by COB 

Introduction
The Department of Home Affairs recognises the importance of engaging with the community to ensure that the Migration Health Requirement (under Public Interest Criteria 4005 and 4007 as outlined in the Migration Regulations 1994) and its relevant policy settings, continue to facilitate a balance of fairness while containing public expenditure on health and community services.

The Australian public is invited to provide their views on the policy settings for the Australian visa Significant Cost Threshold (SCT). The SCT is the underpinning policy to ‘contain public expenditure on health care and community services’1 from migration.

To inform this policy proposal the Department of Home Affairs has consulted with:

• state and territory governments and Commonwealth agencies; and

• peak health and disability organisations

Terms of Reference

• How the Australian visa Significant Cost Threshold is calculated

• How ‘Significant’ is defined in the Australian visa Significant Cost Threshold

• The implications of special education as a costing policy definition of ‘community service’

• The impact of the migration health requirement on non-citizen children with a disability born in Australia to people on temporary visas.

• And any other matters in relation to the Migration Health Framework.

This paper provides background information to inform written submissions.

Source: Review-of-Australias-Significant-Cost-Threshold-CST.pdf

The Migration Amendment (Biosecurity Contravention) Regulations 2023 (the Amendment Regulations) amends the Migration Regulations 1994 (the Migration Regulations) to expand the grounds for the cancellation of visas where the Minister or a delegate reasonably believes that a visa holder has contravened provisions under the Biosecurity Act 2015 (the Biosecurity Act), to include contravention of new subsection 186A(1) of the Biosecurity Act.

The Biosecurity Act provides the regulatory framework for the management of diseases and pests entering Australia that may cause harm to human, animal or plant health or the environment. Contraventions of the Biosecurity Act pose a serious threat to Australia’s economy, agricultural sector, animal, plant, human health and the environment.

Under the Migration Amendment (Biosecurity Contraventions and Importation of Objectionable Goods) Regulations 2019, the cancellation ground under subparagraph 2.43(1)(s) was introduced. This ground gives the decision-maker the power to cancel a specified visa (visitor, student and temporary work visas) where it is reasonably believed that the holder has contravened subsections 126(2), 128(2), 532(1) or 533(1) of the Biosecurity Act. The purpose of this amendment was to strengthen compliance tools available to deter and respond to behaviour that is in contravention of Australia’s biosecurity laws.

Source: Migration-Amendment-Biosecurity-Contravention-Regs-2023.pdf and Migration-Amendment--Biosecurity-Contravention-Regulations-2023-Explanatory-Statement.pdf