Australian Immigration Daily News

The instrument operates to specify arrangements for making a Work and Holiday (Subclass 462) visa (subclass 462 visa) application. 

The instrument specifies Brazil and Mongolia as eligible subclass 462 visa partner countries. The eligibility to apply for, and to be granted, a subclass 462 visa is restricted to applicants who hold a valid passport issued by an eligible subclass 462 visa partner country. The instrument also specifies the educational qualification requirements that applicants holding a valid Brazilian or Mongolian passport must have (amongst other things) in order to satisfy the primary criteria for a subclass 462 visa. 

The instrument updates and adds Brazilian passport holders to the class of persons who are excluded from the requirement in subparagraph 1224A(3)(b)(iii) of Schedule 1 to the Regulations. This allows applicants from Brazil to make valid applications for a subclass 462 visa without providing evidence of support for the grant of the visa from their home government.

Purpose

Paragraphs 4005(1)(aa) and 4007(1)(aa) of Schedule 4 to the Regulations each provides that if an applicant is in a class of persons specified by the Minister in an instrument in writing for that paragraph, then the applicant must undertake any medical assessment specified in the instrument and must be assessed by the person specified in the instrument unless a Medical Officer of the Commonwealth decides otherwise.

IMMI 15/144 provides that applicants mentioned in that instrument for paragraphs 4005(1)(aa) and 4007(1)(aa) of Schedule 4 to the Regulations must undertake medical assessments by reference to their country of citizenship or residence, intended activities, and their intended stay period in Australia.

The purpose of the instrument is to amend IMMI 15/144 by updating the additional medical assessments for the class of persons mentioned in paragraph 2(c) of IMMI 15/144 for paragraphs 4005(1)(aa) and 4007(1)(aa) of Schedule 4 to the Regulations.

Source: LIN22065.pdf and LIN22065-Explanatory-Statement.pdf

Purpose 

The instrument operates to specify arrangements for making a Working Holiday (Subclass 417) visa (subclass 417 visa) application.

Item 1225 of Schedule 1 to the Regulations prescribes the requirements that an applicant for a subclass 417 visa must meet to make a valid visa application. Subitems 1225(1) and (3) of Schedule 1 to the Regulations require that the application for a subclass 417 visa must be made using the approved form, at the place and in the manner, specified in relation to a class of persons that includes the applicant in a legislative instrument made under subregulation 2.07(5) of the Regulations. 

Division 417 of Schedule 2 to the Regulations prescribes the criteria to be considered for the grant of a subclass 417 visa once an application for that visa has been made. Subclause 417.211(2) of Schedule 2 to the Regulations provides that an applicant for a subclass 417 visa must hold a working holiday eligible passport of the kind or of one of the kinds, specified in a legislative instrument made for that subclause.

Overview of the Disallowable Legislative Instrument

The purpose of the Migration Amendment (Visa Application Charges) Regulations 2022 (the Regulations) is to amend the Migration Regulations 1994 (the Migration Regulations) to make changes to VACs for certain visas to implement the Government’s policy of indexing VACs.

The Regulations amend the Migration Regulations to increase VACs for a number of visas by the forecast consumer price index (CPI). From 2017-18, annual indexation of the VACs has been in accordance with the forecast CPI published annually in the Budget papers.

In effect, this means that the affected VACs are increased from their 2021-22 baseline amounts by the 2022-23 forecast CPI of 3.00 per cent, which is published in the 2022-23 Budget Paper No.1. The indexed amount of VAC is also rounded to the nearest $5. It is intended that these indexation amendments will continue to be made on an annual basis.

Source: Migration-Amendment-Visa-Application-Charges-Regulations-2022.pdf and

Migration-Amendment-Visa-Application-Charges-Regulations-2022-EXPLANATORY-STATEMENT.pdf

Overview

The Legislative Instrument removes redundant provisions from the Australian Citizenship Regulation 2016 (the Regulation) for the payment of citizenship application fees in foreign countries and in foreign currencies.

This aligns the Regulation with the current practice, which is that applications for citizenship are made online or by post and paid for in Australian dollars (AUD) using credit cards or other electronic payment systems. The amendment also removes the need to update the Regulation every six months to reflect foreign currency fluctuations and acceptable foreign currencies.

Source: Home-Affairs-Legislation-Amendment--2022-measures-No-1-Regulations-2022.pdf