Australian Immigration Daily News

The Australian Government has implemented Ministerial Direction No. 107 to establish priority guidelines for processing student and student guardian visa applications, signed on December 14, 2023.

This directive formalizes processing priorities based on different education sectors and institutes' evidence levels. It prioritizes certain applicant categories, like those applying from outside Australia in specific sectors or studying at institutes with Evidence Level 1.

Additionally, it emphasizes unmarried family members under 18 in subsequent entrant applications and gives high priority to Student Guardian visa applications.

The Migration (Class of persons for Visitor (Class FA) visa nil VAC) Repeal (LIN 23/069) Instrument 2023 is a legal directive that nullifies and revokes the previous provisions related to the Visitor (Class FA) visa application fee waivers.

This instrument essentially removes the exemption for specific individuals from paying the visa application charge for the Visitor visa subclass FA. As a result, individuals who were previously exempted from this fee will now be required to pay the stipulated visa application charge when applying for the Visitor visa.

This repeal marks a change in the visa application process and fee requirements for certain individuals applying for the Visitor visa subclass FA.

Significant changes to Australia’s migration system, announced today by the Federal Government, will deliver better long-term outcomes by better targeting key skill shortages, lifting productivity and strengthening the economy, according to the Business Council.

BCA Chief Executive Bran Black said the Migration Strategy included many important changes called for by the BCA, including better long-term permanent migration planning that would enable better linkages with housing and infrastructure planning.

“Australia’s prosperity, our jobs, our living standards and the strength of our economy are all directly linked to a successful, efficient and well targeted migration program and these changes get the balance right,” Mr Black said.

“We need nurses for health and aged care, specialist engineers to support our energy transition, and experts for cyber security, and by filling these roles we are supporting Australian businesses and at the same time improving the lives of Australians.”

Source: Migration-changes-will-boost-Australias-economy-while-supporting-better-long-term-planning-for-infrastructure.pdf

Section 140GBA of the Migration Act requires a person who nominates a proposed occupation or an applicant for a visa of a prescribed kind under section 140GB to meet the labour market testing (LMT) conditions, unless the exemptions in sections 140GBB or 140GBC apply, or the Minister has determined under subsection 140GBA(2) it would be inconsistent with any international trade obligation. The term labour market testing is defined in subsection 140GBA(7) of the Migration Act.

It requires businesses to test the Australian labour market to demonstrate whether a position could be readily filled by a suitably qualified and experienced Australian citizen or permanent resident.

Source: LIN23072.pdf and LIN23072-Explanatory-Statement.pdf

One of the criteria for a Subclass 408 (Temporary Activity) visa, set out at clause 408.229 in Schedule 2 to the Migration Regulations, is that the applicant seeks to enter or remain in Australia to undertake work directly associated with an event that is specified in a legislative instrument made by the Minister for the purposes of paragraph 408.229(b). 

In addition, the applicant must be in a class of persons specified in the instrument in relation to the event (paragraph 408.229(c)). 

The purpose of the instrument is to specify the 2024 ASEAN-Australia Special Summit (the Summit) as an event for the purpose of paragraph 408.229(b). The Summit will be the second ASEAN-Australia Special Summit held in Australia.