Australian Immigration Daily News

Introduction

Australia is entering a period of considerable change and uncertainty. This includes economic, demographic and social challenges associated with an ageing population, slowing population growth, and waning productivity. Australian business and industries across the economy are grappling with critical skills shortages, and our economy would benefit from greater diversity and innovation. These are issues mirrored across countries in the Organisation for Economic Co-operation and Development (OECD).

Australia’s migration system has the potential to help address these challenges . Complementing employment, education, and training opportunities for the existing Australian labour force, migration can support a national transition to a more diverse economy, enhancing our sovereign capabilities and driving innovation and productivity.

To do so, we need a new strategic approach that reflects our longer term interests and core values. This will shape a simpler migration system that has broad public confidence, enhances our international engagement and competitiveness and unlocks the potential of migrants to effectively contribute to Australia both economically and socially.

Source: A-migration-system-for-Australias-future---terms-of-reference.pdf

Attorney-General Mark Dreyfus has just announced that the Albanese Government is abolishing the Administrative Appeals Tribunal, which he says “once commanded universal respect”, citing “a disgraceful exhibition of cronyism” by the former government in appointments made over the last decade.

Read more here>

Overview of the Disallowable Legislative Instrument

The Disallowable Legislative Instrument amends the Australian Citizenship Regulation 2016 (the Citizenship Regulation) to remove a duplicated requirement to provide English language translations as part of citizenship applications.

The citizenship application form, which must be completed in order to make an application under section 46 of the Australian Citizenship Act 2007, requires an applicant to provide an official English translation of any documents provided that are not in English. Section 14 of the Citizenship Regulation also provides this requirement. The Disallowable Legislative Instrument repeals section 14 to remove this duplication, removing any confusion and streamlining processing. There is no adverse or practical impact on applicants or applications.

Source: Australian-citizenship-amendment-Translation-Requirements-for-Applications-Regs-2022.pdf and

Australian-Citizenship-Amendment-Translation-Requirements-for-Applications-Regs-2022-Explanatory-Statement.pdf

The instrument, Departmental reference LIN 22/103, is made under subsection 5(2) of the Australian Citizenship Act 2007 (the Act).

The instrument repeals Australian Citizenship (Permanent Resident Status) Determination (IMMI 17/108) in accordance with subsection 33(3) of the Acts Interpretation Act 1901, which provides that a power to make a legislative instrument includes a power to amend or repeal that instrument in the same manner, and subject to the same conditions, as the power to make the instrument.

The instrument commences on 1 January 2023, and is a legislative instrument for the Legislation Act 2003 (the Legislation Act).

Source: LIN22013-2022.pdf and LIN22013-2022-Explanatory-Statement.pdf

Overview of the Disallowable Legislative Instrument

New Zealand citizens who wish to live and work in Australia generally do so on a Subclass 444 (Special Category) visa which allows them to work without restriction and live in Australia indefinitely. However, as it is a temporary visa, it does not provide all of the benefits of permanent residence. The New Zealand stream of the Subclass 189 (Skilled – Independent) visa provides a permanent residence option for New Zealand citizens who have demonstrated commitment to Australia, through long term residence, and who have made and can continue to make, a strong economic contribution to Australia's future.

The Migration Amendment (Subclass 189 visas – New Zealand Stream) Regulations 2022 (the Regulations) amend the Migration Regulations 1994 (the Migration Regulations) to:

- provide significant concessions to the existing visa criteria for on-hand applications for the Subclass 189 (Skilled – Independent) visa in the New Zealand stream; and

- pause new applications for this stream from the commencement of the Amendment Regulations (10 December 2022) until 1 July 2023 to provide time for the Government to consider future arrangements for New Zealand citizens.

In particular, the amendments made by the Amendment Regulations provide that for Subclass 189 (Skilled – Independent) visa applications made in the New Zealand stream by primary applicants, before commencement of these amendments (on-hand applications), those applicants are not required to satisfy the New Zealand stream specific criteria relating to a period of residence in Australia, minimum taxable income and health. In addition, family members of primary applicants who made a Subclass 189 (Skilled – Independent) visa application in the New Zealand stream prior to the commencement of the Amendment Regulations are also not required to satisfy the health criteria. Instead, the only criteria to be met by primary applicants (and their family members) with on-hand applications are the existing common criteria for the Subclass 189 (Skilled – Independent) visa which relate to public interest criteria such as character, security, and certain other matters. 

The purpose of the amendments is to support faster visa processing of these on-hand applications for this cohort of New Zealand citizens (and their family members) who have been living in Australia generally for a significant period of time and continued to work in Australia during the COVID-19 pandemic. The effect of the Amendment Regulations is that the criteria for Subclass 189 (Skilled – Independent) visa applications made in the New Zealand stream will revert to the previous (pre-10 December 2022) settings for new applications made on or after 1 July 2023 unless the Government decides to provide new beneficial arrangements for New Zealand citizens beforehand.

Source: Migration-Amendment-sc189-visas-NZ-stream-Regs-2022.pdf and