Australian Immigration Daily News

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.

The Migration Amendment (Public Interest Criteria 4005 and 4007) Regulations 2024 introduces significant changes to the migration health requirements under the Migration Act 1958. This amendment specifically benefits minor visa applicants born and ordinarily resident in Australia with a health condition or disability by exempting them from certain health-related criteria that would previously have made them ineligible for a visa due to the potential cost of healthcare or community services to the Australian community.

Key aspects of the amendment:

• Previously, visa applicants, including minors, had to be free from diseases or conditions that could impose significant healthcare costs or limit access to services for Australian citizens and residents.
• Under the new regulations, minor visa applicants born and ordinarily residing in Australia are not required to meet this condition. This change aligns with the Australian Government's response to the Royal Commission into Violence, Abuse, Neglect, and Exploitation of People with Disabilities.
• This adjustment applies to visa applications made before or after the commencement of the regulations and is applicable to those under merits review as well.

The goal of this reform is to create a fairer, more inclusive migration system for children born in Australia with disabilities or health conditions, ensuring they and their families have equitable access to the visa process and the possibility of permanent residency.

The Attorney-General has enacted the Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Rules 2024 (Transitional Rules). These Rules have been registered and are accessible on the Federal Register of Legislation. They will take effect alongside the Administrative Review Tribunal (ART) legislation on 14 October 2024.

The Transitional Rules facilitate the smooth transition from the Administrative Appeals Tribunal (AAT) to the ART by:

• Ensuring the AAT Enterprise Agreement 2024-2027 continues to apply to Australian Public Service employees of the ART.
• Allowing the President of the ART to issue practice directions, establish lists, and appoint jurisdictional area leaders without consulting the Tribunal Advisory Committee within the first 28 days, with mandatory consultation deferred to within 3 months of ART’s commencement.
• Clarifying the transition of timeframes for lodging applications with the ART after the transition period.
• Outlining the transitional arrangements for court applications related to decisions made by the Immigration Assessment Authority (IAA) before the transition period.
• Modifying, for a period of 6 months, the timeframe for individuals in immigration detention to submit an application for review of a reviewable migration or protection decision to the ART.

We also draw your attention to the specific transitional arrangements under the Migration Act 1958 regarding certain decisions, including appeals related to decisions of the Immigration Assessment Authority (IAA).

The Migration Amendment (Family Violence Provisions for Skilled Visa Applications) Regulations 2024 introduces family violence provisions for secondary applicants of certain skilled visa categories. This regulation enables secondary visa applicants (spouse, de facto partners, or dependent children) to be granted a visa if their relationship with the primary applicant has ended due to family violence committed by the primary applicant.

Key points include:

• Secondary applicants may still be eligible for a visa even if they are no longer in a relationship with the primary applicant due to family violence.
• This provision applies to skilled visa subclasses such as the Employer Nomination Scheme (Subclass 186), Regional Sponsored Migration Scheme (Subclass 187), Skilled Independent (Subclass 189), and others.
• The amendment also ensures that family violence survivors are not required to pay additional fees for English language requirements or merits review applications.
• The regulations align with Australia's broader commitment to protect individuals from domestic violence as outlined in the National Plan to End Violence Against Women and Children 2022-2032.

These provisions are designed to ensure that individuals do not feel compelled to remain in abusive relationships in order to maintain their immigration status.