Australian Immigration Daily News

Subregulation 2.07(5) of the Migration Regulations provides that if an item of Schedule 1 to the Migration Regulations prescribes criteria or requirements by reference to a legislative instrument made under subregulation 2.07(5), the Minister may specify:

- an approved form for making an application for a visa of a specified class;

- the way in which an application for a visa of a specified class must be made;

- the place at which an application for a visa of a specified class must be made; any other matter.

Subitem 1236(6) of Schedule 1 to the Migration Regulations prescribes the requirements an applicant seeking to satisfy the primary criteria for a Subclass 600 (Visitor) visa in the ‘Approved Destination Status’ (ADS) stream must meet to make a valid visa application. Item 3 of the table in this subitem requires the applicant must be intending to travel to Australia as a member of a tour organised by a travel agent specified by the Minister in an instrument in writing for this item.

Subsection 8(2) of LIN 21/056 provides that each travel agent mentioned in Schedule 1 to that instrument is specified for the purpose of item 3 of the table in subitem 1236(6) of Schedule 1 to the Migration Regulations.

 Source: LIN23074.pdf and LIN23074-Explanatory-Statement.pdf

Purpose 

The primary criteria for the grant of a Subclass 188 (Business Innovation and Investment (Provisional)) visa (Subclass 188 visa) in the Significant Investor Extension stream and a Subclass 888 (Business Innovation and Investment (Permanent)) visa (Subclass 888 visa) in the Significant Investor stream are set out in Divisions 188.2 and 888.2 of Schedule 2 to the Regulations, respectively.

Subclauses 188.261(1A) and 888.241(2A) of Schedule 2 to the Regulations provide that if an applicant’s most recently held Subclass 188 visa in the Significant Investor stream was applied for before 1 July 2015, then the applicant’s subsequent Significant Investor Extension stream (for the provisional visa) and Significant Investor stream (for the permanent visa) applications will be assessed by reference to whether the applicant held a complying investment (within the meaning of regulation 5.19B of the Regulations as in force at the time of the initial Subclass 188 visa application) throughout the period in which the Subclass 188 visa was held.

Regulation 5.19B of the Regulations sets out the requirements that an investment by a person (the investor) must meet to be a ‘complying investment’. Paragraph 5.19B(2)(c) of the Regulations requires that the investment must be one that is in a managed fund (directly or through an investor directed portfolio service) for a purpose specified by the Minister in an instrument in writing.

The purpose of the instrument is to specify the purpose of an investment in a managed fund for paragraph 5.19B(2)(c) of the Regulations.

The National Migration Conference is on the 6 October 2023 at the Wesley Conference Centre in Sydney.

Registered Migration Agents and Lawyers can obtain 5 CPD points for attending for the day.

The keynote speaker is Sir Alex Younger, Former Chief of the Secret Intelligence Service - MI6.

Regulation 1.11C of the Migration Regulations provides that a passport is an eVisitor eligible passport if it is a valid passport of a kind specified by the Minister in an instrument in writing, and the conditions (if any) specified in the instrument for that passport are satisfied.

To make a valid application for a Subclass 651 (eVisitor) visa, all applicants must hold an eVisitor eligible passport pursuant to paragraph 1218AA(3)(b) of Schedule 1 to the Migration Regulations. As such, the purpose of this instrument is to specify eVisitor eligible passports, and any conditions that must be satisfied.

LIN 23/064 maintains all arrangements previously in place under IMMI 13/078, which is repealed by this instrument.

Source: LIN23064.pdf and LIN23064-explanatory-statement.pdf

Class of persons authorised to be officers for the purposes of the Act

A person is included in a class of persons who are authorised to be officers for the purposes of the Act, if the person:
(a) is employed by, or contracted to Serco to perform work or provide services
for the Department; and
(b) holds, occupies or performs the duties of one of the following positions:
(i) Centre Manager/General Manager;
(ii) Security Manager;
(iii) Residential Manager;
(iv) Security Risk Manager;
(v) Transport and Escort Manager;
(vi) Operations Manager (including Facility Operations Manager and
Transport and Escort Operations Manager);
(vii) Detention Service Manager; or
(viii) Detention Service Officer.
(c) meets the character requirements and has completed the required training for a Serco employee or contractor who has been tasked by Serco to perform or undertake work for the Department.

Source: ADMIN23073.pdf