Australian Immigration Daily News

The Allianz Partners Australia National Migration Conference is on the 7 October 2022.

For more information and to purchase early bird tickets, click the link below:

https://legaltrainingaustralia.com/conference-cpd/

LIN 18/077 specified, for paragraphs 408.229(b) and (c) of Schedule 2 to the Regulations, the event known as Supporting Innovation in South Australia as an ‘Australian Government endorsed event’ (AGEE) and classes of persons in relation to the event who may be eligible for a Subclass 408 (Temporary Activity) visa (Subclass 408 visa).

A person who is seeking to satisfy the primary criteria for the grant of a Subclass 408 visa must be a person to whom a clause in subdivision 408.22 of Schedule 2 to the Regulations applies.

Clause 408.229 will apply to a person if the person seeks to enter or remain in Australia to undertake work directly associated with an AGEE.

To meet this criterion, the AGEE must be specified in a legislative instrument made by the Minister for the purposes of paragraph 408.229(b) of Schedule 2 to the Regulations, and the applicant must be in a class of persons specified in the instrument in relation to the event.

The Migration Amendment (Subclass 100 and 309 Visas) Regulations 2022 (the Regulations) amend the Migration Regulations 1994 (the Migration Regulations) to enable the 'COVID-19 concession' cohort to access the 'relationship cessation provisions' (RCPs) as part of meeting the criteria for grant of a Subclass 100 Partner visa or a Subclass 309 Partner (Provisional) visa.

The Regulations make amendments to the Migration Regulations that enable Subclass 100 visa applicants to access RCPs to meet the primary criteria for the grant of a Subclass 100 visa, if the applicant was granted their Subclass 309 visa in Australia under the COVID-19 concession, and their sponsoring partner has died, or their relationship with their sponsor has ceased. This ensures that applicants granted a Subclass 309 visa in Australia under the COVID-19 concession, and who satisfy the Minister that they were the spouse or de facto partner of their sponsoring partner, continue to be eligible to access a pathway to permanent residence in the following relationship cessation circumstances:

- the applicant's sponsor has died; or

- the relationship between the applicant and the sponsor has ceased and either or both of the following apply:

• the applicant or a member of the family unit has suffered domestic and family violence (DFV) committed by the sponsoring partner;
• the applicant and sponsor share custody, formal maintenance obligations or access rights to at least one child.

Source: Migration-Amendment-sc100-and-309-Regulations-2022.pdf and

Migration-Amendment-Sc-100-and-309-visas-Regulations-2022-Explanatory-Statement.pdf

The Disallowable Legislative Instrument amends the Migration Regulations 1994 (the Regulations) to reduce the total visa application charge (VAC) payable by CSP primary applicants for Subclass 202 (Global Special Humanitarian) visas by approximately 60 per cent and removes the VAC entirely for secondary applicants (members of the family unit of the primary applicant). It is anticipated that the VAC reduction will result in an increase in the number of CSP visa application lodgements. This will enable the CSP to achieve its policy intention to operate at scale as an effective visa pathway that complements the other existing Refugee and Humanitarian Program visa categories.

The Disallowable Legislative Instrument also streamlines the AoS requirements by making the requirement discretionary for secondary applicants so that the secondary applicants can be excluded from the AoS requirement if they have not reached the age of 15, or if they have reached or are close to reaching pension age as defined in the Social Security Act 1991.

Migration-Amendment-subclass-202-visas-Regulations-2022.pdf and 

Migration-Amendment-subclass-202-visas-Regulations-2022-explanatory-statement.pdf

In effect, recent changes to policy relating to the Condition 8570 introduced by the Department of Home Affairs (the Department) has resulted in many SHEV and TPV holders being denied the approval required to travel outside of Australia. This shift in the Department’s approach to assessing requests to travel under Condition 8570 is currently depriving many SHEV and TPV holders from their only opportunity to be reunited with their families.

The MIA understands that the position of the newly elected Labor Government is to abolish temporary protection visas.  The MIA welcomes this announcement and looks forward to working with the Government for changes to occur to the migration framework to facilitate this.

Source: MIA-Shev-and-TPV-holders-and-Conditions-8570.pdf