Australian Immigration Daily News

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

The Migration (Refund of Visa Application Charge) Amendment (Business Innovation and Investment Program) Instrument (LIN 24/062) 2024 specifies circumstances under which the first instalment of the Visa Application Charge (VAC) can be refunded for applicants of the Subclass 132 (Business Talent (Permanent)) visa and Subclass 188 (Business Innovation and Investment (Provisional)) visa.

Key Points:

• The Subclass 132 visa and Subclass 188 visa closed to new applications on 1 July 2021 and 31 July 2024, respectively.
• This instrument allows for a refund of the first instalment of the VAC for applications in the Business Innovation, Investor, Significant Investor, or Entrepreneur streams if:
  • The visa application has not been finalised.
  • The applicant submits a written request to withdraw the application on or after 31 July 2024.

Consultation:

Consultations were conducted with multiple government departments, including the Department of the Prime Minister and Cabinet, Department of Finance, Austrade, and relevant state and territory governments.

The instrument is exempt from parliamentary disallowance, and it was made by a delegate of the Minister for Immigration and Multicultural Affairs.

On 24th September 2024, the Migration (LIN 21/056: Arrangements for Visitor (Class FA) visa applications) Amendment (LIN 24/068) Instrument 2024 was enacted under the authority of the Minister for Immigration, Citizenship, and Multicultural Affairs. This legislative instrument amends the existing arrangements under the Migration Regulations 1994 concerning the Subclass 600 (Visitor) visa in the Approved Destination Status (ADS) stream.

Key Details:

• Purpose: The instrument updates the table of ADS-approved travel agents in China, allowing eligible citizens from the People's Republic of China to organise tours to Australia through authorised agents.
• Consultation: This amendment was developed in consultation with key stakeholders, including Austrade, the Department of Foreign Affairs and Trade, Tourism Australia, and the Australian Consulate-General of Guangzhou.
• Impact Analysis: The Office of Impact Analysis (OIA) deemed that the measures were unlikely to have more than a minor impact, indicating that a detailed Impact Analysis was not required (OIA Reference: OIA24-07984).

The instrument is exempt from parliamentary disallowance and does not require a Statement of Compatibility with Human Rights.

Source: LIN24068.pdf and LIN24068-Explanatory-Statement.pdf