Australian Immigration Daily News

The Migration (Public Interest Criterion 4022 – Code of Behaviour) Instrument 2025 (LIN 25/017) is issued under clause 4.1 of Schedule 4 of the Migration Regulations 1994 by the Minister for Immigration and Multicultural Affairs. The instrument replaces and repeals the previous Code of Behaviour instrument (LIN 24/031), ensuring continuity beyond 31 March 2025, when the former instrument was set to self-repeal.

Purpose & Application

• The instrument maintains the existing Code of Behaviour applicable to Subclass 050 (Bridging (General)) visa applicants who:
  • Are at least 18 years old at the time of application, and
  • Currently hold or have previously held a Bridging E (Class WE) visa granted under section 195A of the Migration Act 1958 (Ministerial discretionary power).
• The Code outlines expected behaviour standards for visa holders released from immigration detention on a Bridging E visa.

Key Provisions

• Section 1-5 of the instrument define its commencement, legislative authority, and scope.
• Schedule 1 specifies the approved Code of Behaviour for visa applicants.
• Schedule 2 formally repeals LIN 24/031, ensuring the seamless continuation of the Code of Behaviour requirements.

Consultation & Legislative Impact

• No external consultation was undertaken as LIN 25/017 does not introduce any substantive changes, only continuing the previously approved Code of Behaviour.
• The Office of Impact Analysis (OIA) determined that no further analysis was required (OIA reference: OIA25-09231).
• The instrument is exempt from parliamentary disallowance under section 42 of the Legislation Act 2003, ensuring its uninterrupted enforcement.

Conclusion

The Migration (Public Interest Criterion 4022 – Code of Behaviour) Instrument 2025 preserves the existing behavioural requirements for certain Subclass 050 visa holders, ensuring that those released from detention under Ministerial discretion adhere to established conduct expectations. The instrument primarily serves to extend existing provisions without modification, maintaining clarity and regulatory consistency.

Source: Migration-Public-Interest-Criterion-4022---Code-of-Behaviour-Instrument-2025.pdf and Migration-Public-Interest-Criterion-4022---Code-of-Behaviour-Instrument-2025---explanatory-statement.pdf

The Migration Amendment (Differential Student Visa Application Charge) Regulations 2025 amend the Migration Regulations 1994 to introduce a differential (lower) Visa Application Charge (VAC) for Subclass 500 (Student) and Subclass 590 (Student Guardian) visa applicants who hold a valid passport issued by a specified country in the Pacific or Timor-Leste. These amendments replace a previous partial refund scheme and provide direct reduced fees from 22 March 2025 onwards.

Key Amendments:

1. Repeal of Partial Refund Provisions – The previous policy that allowed eligible applicants to claim partial refunds of the VAC after payment is revoked.
2. Introduction of Differential VAC – Eligible applicants from the Pacific and Timor-Leste will now pay a lower VAC at the time of application rather than seeking a refund later.
3. Eligibility Criteria– The reduction applies to:
   • Primary applicants holding a valid passport from eligible countries.
   • Secondary applicants (family members) applying jointly or as dependents of an eligible visa holder.
4. Reduced VAC Amounts:
   • Primary Applicant: $710 (instead of the standard $1,600).
   • Additional Applicant (18+ years): $530 (instead of $1,190).
   • Additional Applicant (under 18 years): $175 (instead of $390).
5. Transition Period – Applicants who lodged between 1 July 2024 and 21 March 2025 can still apply for a refund until 22 June 2025.
6. Policy Intent – The amendment supports Australia’s engagement with the Pacific region, promoting educational and economic opportunities for these countries.

Legal & Policy Context:

• The Migration Act 1958 authorises the Australian Government to set and amend visa fees through regulations.
• The amendment aligns with Australia’s international education policies and regional cooperation efforts.
• The change does not trigger human rights concerns but is justified as a positive measure to support access to education for Pacific nations.

Conclusion:

The Migration Amendment (Differential Student Visa Application Charge) Regulations 2025 aim to strengthen Australia’s ties with the Pacific and Timor-Leste by making student visas more affordable for eligible applicants. It replaces the refund model with a direct fee reduction, streamlining the process and reducing financial burdens on eligible students.

Source:  Migration-Amendment-Differential-Student-Visa-Application-Charge-Regs-2025.pdf and

The Migration Amendment (Australia Tuvalu Falepili Union Treaty Visa) Regulations 2025 (the Regulations) amends the Migration Regulations 1994 to implement Australia's commitment under the Australia-Tuvalu Falepili Union Treaty, which was signed on 9 November 2023 and entered into force on 28 August 2024. The treaty establishes a partnership between Australia and Tuvalu to enhance cooperation and create a special human mobility pathway for eligible Tuvaluan citizens to live, work, and study in Australia.

The Regulations introduce a new Treaty stream within the Subclass 192 (Pacific Engagement) visa, in addition to the existing Pacific Engagement stream. The key provisions of the Regulations include:

• Ballot-Based Selection: Primary applicants for the Treaty stream must be selected through a random ballot system, ensuring fairness and managing the annual visa allocation (initially set at 280 places per year).
• Eligibility Criteria:
  • Applicants must be at least 18 years old, with no upper age limit.
  • They must be a Tuvaluan citizen by birth or have a parent or grandparent born in Tuvalu.
  • They cannot have obtained Tuvaluan citizenship through investment.
  • They must not be a citizen of New Zealand.
• Health Criteria: The Treaty stream applies specific health requirements, restricting visas where applicants have a communicable disease or condition, rather than imposing standard health criteria.
• Family Inclusion: Partners and dependent children of primary applicants are eligible for the visa as secondary applicants.
• Visa Conditions: Successful applicants under the Treaty stream receive a permanent Subclass 192 (Pacific Engagement) visa, allowing indefinite travel and residence in Australia.

The amendment aligns with Australia’s broader migration policies by maintaining regulatory flexibility under the Migration Act 1958 while ensuring compliance with international agreements. It also includes a Statement of Compatibility with Human Rights, affirming that the Regulations are consistent with Australia’s human rights obligations.

The Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Amendment Rules 2025 have been introduced to repeal Section 13 of the 2024 Transitional Rules.

Key Changes:

• Previously, individuals in immigration detention had seven working days to apply for a review of migration or protection decisions under Section 347(3)(a) of the Migration Act 1958.
• Under the Administrative Review Tribunal (Miscellaneous Measures) Act 2025, this timeframe has been extended to 14 days from the date of notification.
• As a result, Section 13 of the Transitional Rules has been repealed, as it is no longer required.

Implications:

• The extended timeframe provides additional opportunity for affected individuals to apply for a review.
• This ensures greater consistency in the review process following the transition from the Administrative Appeals Tribunal to the ART.
• The change is expected to enhance procedural fairness while maintaining efficiency in migration and protection visa reviews.

The Administrative Review Tribunal commenced operations on 14 October 2024, and this amendment reflects the continued refinement of Australia’s migration review system.

The Attorney-General’s Department and the Department of Home Affairs have been consulted on this amendment, confirming that it will have minimal regulatory impact.

The Department of Home Affairs has introduced Ministerial Direction No. 111 (MD111), which came into effect on 19 December 2024, replacing Ministerial Direction No. 107 (MD107). This updated direction aims to enhance fairness, sustainability, and integrity within Australia’s international education sector while streamlining visa processing to ensure equity and efficiency.

Key Highlights:

1. Revocation of MD107: MD107, which was found to disproportionately impact certain education providers, has been revoked. MD111 replaces it with a more balanced framework.

2. Scope of MD111:

   ...