Australian Immigration Daily News

The Migration Amendment (Strengthening Reporting Protections) Regulations 2024 aims to enhance protections for temporary migrant workers by preventing visa cancellations related to workplace exploitation matters.

Effective from 1 July 2024, these amendments prescribe circumstances in which the visa of an affected temporary migrant worker must not be cancelled and outline matters the Minister must consider before deciding on visa cancellations.

The regulations seek to provide greater clarity and confidence to temporary migrants, encouraging them to report exploitation without fear of losing their visa status. The amendments form part of broader reforms aimed at addressing migrant worker exploitation and ensuring compliance with workplace laws.

The Migration Amendment (Workplace Justice Visa) Regulations 2024 introduces a new visa category aimed at providing temporary migrants the ability to stay in Australia to address workplace exploitation issues.

Effective from 1 July 2024, the Workplace Justice Visa allows temporary migrants who have faced workplace exploitation to remain in the country for 6 to 12 months, extendable up to 4 years, to pursue workplace justice activities. This initiative forms part of a broader government effort to combat migrant worker exploitation, ensuring fair conditions of work and supporting those affected by exploitation without fear of jeopardising their visa status.

The visa requires certification from authorised entities and allows holders to work while they resolve their workplace issues. The program will initially be launched as a pilot and will be closely monitored to ensure its effectiveness and integrity.

Effective 1 July 2024, the Australian Government has introduced the Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment (LIN 24/052) Instrument 2024. This regulation increases the Temporary Skilled Migration Income Threshold (TSMIT) from $70,000 to $73,150. This change ensures that skilled migrant workers are sufficiently supported and protected from exploitation while in Australia.

Key Details:

• Commencement Date: 1 July 2024
• New TSMIT Amount: $73,150
• Purpose: To align the TSMIT with the annual Average Weekly Ordinary Times Earnings (AWOTE) figure of November 2023, reflecting a 4.5% increase.
• Applicability: Applies to all new nominations lodged on or after 1 July 2024. Nominations lodged before this date will be assessed against the previous TSMIT amount in force at the time of lodgement.

Consultation and Impact:

• Extensive consultations were held with stakeholders, including government departments and the Ministerial Advisory Council on Skilled Migration (MACSM).
• The increase aims to ensure fair remuneration and adequate living standards for skilled migrant workers, in line with international human rights commitments.

This adjustment is part of ongoing efforts to maintain the integrity and intent of Australia's skilled visa program. For more details and to ensure compliance, visit our website.

Source: LIN24052.pdf and LIN24052-Explanatory-Statement.pdf

Effective 1 July 2024, the Australian Government has implemented the Migration (Class of Persons for Nil VAC—Workplace Justice Visa) Instrument (LIN 24/056) 2024. This regulation introduces the Workplace Justice visa as a stream under the Subclass 408 (Temporary Activity) visa, establishing a visa application charge (VAC) of nil for eligible applicants. This instrument is aligned with the Migration Amendment (Workplace Justice Visa) Regulations 2024.

Key Details:

• Commencement Date: 1 July 2024
• Objective: To implement the Workplace Justice visa stream within the Subclass 408 visa category.
• Eligibility: Applicable to applicants satisfying criteria under clause 408.228A of Schedule 2 to the Migration Regulations.
• Visa Application Charge: Nil for both primary and secondary applicants.

Consultation and Impact:

• Consultations were conducted with the Department of Employment and Workplace Relations, the Fair Work Ombudsman, and experienced non-government practitioners.
• The Office of Impact Analysis concluded that a detailed impact analysis was not necessary.

This initiative is part of a broader reform to support temporary migrants with workplace matters, informed by the Migrant Workers’ Taskforce Report, the Nixon Review, and the Migration Strategy.

Stay informed and ensure compliance with the latest regulations.

Effective 1 July 2024, the Australian Government has enacted the Migration (Daily Maintenance Amount for Persons in Detention) Determination (LIN 24/017) 2024. This regulation specifies a revised daily cost for the maintenance and care of individuals in immigration detention, now set at $538.79. This determination replaces previous instruments and ensures uniformity across all immigration detention centres, including the newly designated centres in Adelaide, Brisbane, and Melbourne. The updated amount, which will remain effective until 30 June 2026, reflects the current minimum cost to the Commonwealth.

The Department of Home Affairs has calculated this amount based on direct costs incurred by the Commonwealth, covering facility-based corporate overheads, catering, cleaning, facilities management, security, health services, and other related expenses. This adjustment aims to ensure that the Commonwealth's expenses for maintaining individuals in detention are accurately represented, upholding transparency and financial responsibility.

It is crucial to stay informed and adhere to these updated regulations to ensure compliance.