Australian Immigration Daily News

This report provides information on the processing status and outcomes of the applicants who are Illegal Maritime Arrivals (IMAs) and are in the IMA Legacy Caseload.

IMAs can only apply for a Temporary Protection Visa (subclass 785) (TPV) or a Safe Haven Enterprise Visa (subclass 790) (SHEV) if the Minister has made a decision that it is in the public interest to lift a legislative bar on making a valid visa application in Australia. Where the Minister lifts the bar, the Department will advise the IMA that they are eligible to apply for a TPV or a SHEV.

Source: IMA-Legacy-Caseload.pdf

Purpose of the Bill

The Home Affairs Legislation Amendment (Miscellaneous Measures) Bill 2018 (the Bill) is an omnibus Bill which makes various amendments to migration, customs and passenger movement laws. The Bill:

• amends the Migration Act 1958 to:

– clarify that where the removal of a non-citizen from the migration zone to another country is unsuccessful, a visa is not required to bring the person back to Australia and they remain subject to statutory bars on subsequent visa applications, where applicable (Schedule 1)

– provide that the Minister may make documents available to a person by way of an online account (Schedule 2)

• amends the Customs Act 1901 to:

– provide that the Commonwealth may appropriate money from the Consolidated Revenue Fund to pay refunds, rebates or drawbacks of customs duty in circumstances where those payments have no other statutory basis (Schedule 3)

– make minor technical amendments (Schedule 5) and

• amends the Passenger Movement Charge Collection Act 1978 to specify that regulations may make provision for the charging and recovery of fees in relation to the Passenger Movement Charge (Schedule 4).

Source: Home-Affairs-Legislation-Amendment-Miscellaneous-Measures-Bill-2018.pdf

Today:

JOURNALIST: Why should migrants have to pass the basic English test to be Australian citizens?

PRIME MINISTER: I didn’t hear all of your question, but it is plainly in everybody’s interest that everyone ideally should have English language skills. So, we have the most successful multicultural society in the world. It is based on integration and the key to integration is obviously, English. That’s the national language, that’s how you can engage in the economy, in society and education. So, it’s in everyone’s interest to do that and we understand that there have been some concerns raised about the level of the English test and we’re looking at that, to make it more like a sort of conversational English at a sort of primary school level, being the initial goal. I think that’s reasonable. Alan Tudge is working carefully with a lot of the migrant communities. But everyone should recognize that we all have a vested interest in being able to converse and engage in our national language. So we don’t make, there is no need for any apologies for saying this. It’s perfectly obvious. If this is an English speaking country, then we want everyone to be able to achieve their best in our great nation and they can do that by being able to speak with each other and indeed listen to the very wise political commentary from our Australian media.

Commencing on 1 July 2018, a new legislative instrument specifies the manner and forms to be used for certain family visa applications.  The impacted applications include Remaining Relative Subclass 115 Visa, Carer and Other Family Residence Visa as well as subclass 461 New Zealand 461 Family Relationship Visa. 

A subclass 115 Remaining Relative visa is designed to allow someone outside Australia whose only near relatives are living in Australia to live in Australia as a permanent resident. There can be waiting times of up to 50 years for this visa. To qualify for this visa, the applicant must demonstrative that their relatives in Australia must be the only near relatives.  This is a permanent visa. 

An Aged Dependent Relative Visa Subclass 838 is designed for some older people to stay permanently in Australia if they rely on an eligible relative in Australia to provide financial support. There can be waiting times of up to 50 years for this visa. An applicant must be dependent on the relative in Australia, be single, be old enough to receive the Australian aged pension, have someone who will provide an assurance of support. 

From the 1 July 2018 the following changes apply:

WORK AND HOLIDAY (CLASS US) VISAS - ONLINE FORM 1208

This instrument provides for mandatory online lodgement of visa applications, with exceptions (an authorising email is sent to the applicant permitting the use of paper form 1208) for the following applicants for a Work and Holiday (Temporary) (Class US) visa: