Australian Immigration Daily News

The purpose of the instrument is to amend LIN 18/036 to update the manner by which businesses advertise positions.

The amendment removes the Jobactive website (http://www.jobactive.gov.au) as the mandatory manner for advertisement, and replaces it with the Workforce Australia website (https://www.workforceaustralia.gov.au).

Source: LIN22064.pdf and LIN22064-Explanatory-Statement.pdf

For subsection 262(2) of the Act, the purpose of the instrument is to:

- determine the daily amount for a person in immigration detention, which reflects the current minimum cost to the Commonwealth of keeping and maintaining a person per day;

- specify each place for which the daily amount applies, which must be a place used to keep the person in immigration detention; and

- specify the period during which the daily amount applies for the specified places.

The instrument updates the matters specified in Migration (Daily Maintenance Amount for Persons in Detention) Determination Instrument (LIN 20/037) 2020 (F2020L01342), which ceases to determine a daily maintenance amount for a period after 30 June 2022.

Source: LIN22031.pdf and LIN22031-EXPLANATORY-STATEMENT.pdf

Overview of the Disallowable Legislative Instrument 

This Disallowable Legislative Instrument, the Migration Amendment (Postgraduate Research in Critical Technology – Student Visa Conditions) Regulations 2022 (the Amendment Regulations), also commences on 1 July 2022 and repeals the student visa conditions that were introduced by the PACT Regulations, replacing them with a revised, more clearly targeted visa condition that will be imposed on all student visas.

Instead of a requirement for all student visa holders to seek approval before changing their course or aspects of their study, the Amendment Regulations establish a new visa condition (condition 8208) which is better targeted to address the risks of unwanted transfer of critical technology in the postgraduate research sector.

The instrument amends Migration (IMMI 18/076: Arrangements for Other Family Visa Applications and New Zealand (Family Relationship) Visa Applications) Instrument 2018 (F2018L00772) (IMMI 18/076) in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the Acts Interpretation Act).

That subsection 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. This means that subregulation 2.07(5) of the Regulations also includes a power to amend or repeal an instrument made under that provision. 

The purpose of the instrument is to update the approved form, place and manner (the arrangements) specified in IMMI 18/076 for making an application for a New Zealand Citizen (Family Relationship) (Temporary) (Class UP) visa (Class UP visa).

The Migration Amendment (Subclass 485 (Temporary Graduate) Visa Replacement Stream and Other Measures) Regulations 2022 (the Regulations) amend the Migration Regulations 1994 (the Migration Regulations) to provide an opportunity for former international students to obtain another Subclass 485 (Temporary Graduate) visa - a kind of temporary work visa granted after study in Australia - in circumstances where they were unable to stay in Australia for the full period of grant of their previous Subclass 485 visa due to COVID-19 international travel restrictions. In particular, the regulations: 

-create a new stream within the Subclass 485 (Temporary Graduate) visa to allow holders of those visas to obtain another Subclass 485 visa if they were unable to stay in Australia for the full period of grant of their previous visa due to the international travel restrictions in force from 1 February 2020 to 14 December 2021. Australia¡¦s borders fully reopened to Subclass 485 visa holders on 15 December 2021;
-make consequential amendments to ensure that holders of the replacement visa can continue to qualify for a further Subclass 485 visa based on residence in regional Australia; and
- make other minor changes to clarify eligibility for the Subclass 485 visa.

Source: Migration-Amendment-sc485-Temp-Grad-Visa-Replacement-Stream-and-other-Measures-Regs-2022.pdf