Australian Immigration Daily News

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.

The document announces that the Australian Government proposes to appoint 43 new members to the Administrative Review Tribunal (ART), the new federal administrative review body set to replace the Administrative Appeals Tribunal (AAT) from 14 October 2024.

Key Points:

• The appointments include 18 Senior Members and 25 General Members.
• These appointments will commence on 14 October 2024, subject to approval by the Governor-General, Her Excellency the Honourable Ms. Sam Mostyn AC.
• The appointees were selected through an independent assessment panel using a transparent and merit-based process, in line with the guidelines and transitional provisions legislated in the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Act 2024.

The list of appointed members includes notable professionals, and further details are available on the Attorney-General’s website. This represents a significant development in Australia's administrative law landscape, ensuring the ART is equipped with experienced and qualified members from its commencement.

Source: Appointments-to-the-ART.pdf

The Education Services for Overseas Students (Calculation of Refund) Instrument 2024 outlines the procedures for calculating refunds of unspent tuition fees under the Education Services for Overseas Students Act 2000 (ESOS Act). This instrument provides clarity on the refund process in cases where education providers or students do not fulfil their obligations.

Key Details:

• Provider Default: If an education provider fails to commence or complete a course, the instrument sets out how to calculate the refund based on the unspent portion of the tuition fees.
• Student Default: In instances where a student defaults or withdraws without a compliant written agreement, the refund is calculated according to the prescribed method.
• Visa Refusal: The guidelines specify the method for calculating refunds when a student’s visa application is refused, allowing providers to retain a minimal amount for administrative purposes.

This updated instrument replaces the 2014 version, ensuring that refund calculations are fair, transparent, and in line with current legislative requirements. It serves as a crucial guide for education providers, migration agents, and international students to ensure compliance with refund obligations in the Australian education sector.

Source: Education-Services-for-Overseas-Students-Cacluation-of-Refund-Instrument-2024.pdf and

Join us on 11th October 2024 for the National Migration Conference 2024, an essential event for Registered Migration Agents (RMAs) and migration lawyers. This fully online conference will deliver 1 Category B CPD Point for RMAs and 1 CPD/CLE Point for lawyers, offering a comprehensive insight into the latest developments in Australian migration law.

Event Details:

• Date: 11th October 2024
• Time: 8:30 AM - 12:00 PM (AEDT)
• Location: Online via Zoom
• Price: $60.00 + GST

Why You Should Attend:

This year's conference promises to be an in-depth exploration of key legislative changes and amendments across all major visa subclasses, providing you with the tools and knowledge needed to navigate complex migration challenges in 2024.

Session Overview:

8:30 AM - 10:00 AM: National Migration Conference 2024 - CN181