Australian Immigration Daily News

The Migration Amendment (Bridging Visa Conditions) Regulations 2024 introduces significant changes to the management of high-risk individuals on Bridging Visas (Subclass 070) who cannot be removed from Australia. This regulation responds directly to the High Court's YBFZ ruling and aims to ensure community safety by implementing a new "community protection test."

Under this amendment, the Minister must assess whether the person in question poses a “substantial risk” to the Australian community before enforcing restrictive measures such as curfews or electronic monitoring. This places a considerable responsibility on the Minister to demonstrate clear risk factors to warrant these conditions.

The goal of the amendment is to balance community protection with adherence to legal standards, but questions remain as to whether these measures will achieve their intended effect without prompting further legal challenges.

The Migration Amendment Bill 2024 introduces several significant reforms intended to enhance Australia’s migration framework, particularly concerning the removal processes for specific non-citizens.

Key provisions include strengthening legislative support for immigration and removal procedures, providing immunity for officers performing certain functions, expanding data-sharing capabilities, and clarifying the requirements around bridging visas for individuals awaiting removal.

This bill reflects the government’s intent to address current challenges within the migration system and ensure a streamlined approach to managing non-citizen status and removals in Australia. The effectiveness of these measures in achieving improved management and security outcomes remains to be seen.

The Office of the Migration Agents Registration Authority (OMARA) has issued sanctions against six registered migration agents since 1 July 2024.

These sanctions follow findings of misconduct, including instances of agents providing misleading information, breaching client trust, and failing to meet professional obligations.

OMARA's recent actions underscore its commitment to maintaining integrity and high standards in the migration industry, safeguarding clients, and ensuring that registered migration agents adhere to ethical and professional practices.

The Migration, Protection, and Character Practice Direction 2024, effective from 14 October 2024, outlines procedures for applying for and conducting reviews under the Administrative Review Tribunal (ART) Act 2024. This Practice Direction focuses on migration, protection, and expedited character decisions, providing detailed guidance to practitioners.

Key aspects include:

• Application Requirements: Specifies the submission process, fee structure, and timelines for migration and protection decision reviews.
• Character Review Protocols: Sets stringent timeframes for lodging and providing evidence in character-related cases.
• Minister’s Role: Details conditions under which the Minister may or may not be involved in proceedings.
• Family Applications: Addresses procedures for cases involving multiple family members to ensure consistent and fair review outcomes.

This Practice Direction is designed to promote efficiency and transparency in ART’s case management, making it an essential reference for those in immigration, legal, and compliance sectors.

The Migration (Australia Travel Declaration—Passenger Card May Be Required) Instrument (LIN 24/075) 2024 introduces updates regarding the use of the Australia Travel Declaration (ATD) for passengers arriving in Australia. Effective from 17th October 2024, the instrument outlines circumstances under which a clearance officer may require a passenger to provide a completed paper Passenger Card, even if an ATD has already been submitted.

The two key circumstances include:

1. If the ATD cannot be accessed by a clearance officer, such as during system outages.
2. If the clearance officer reasonably suspects that the information provided in the ATD is incomplete or inaccurate (e.g., discrepancies in passport details or flight information).

These provisions are intended to ensure proper immigration clearance while maintaining flexibility in the use of electronic travel declarations.