Australian Immigration Daily News

Effective 1 July 2024, the Australian Government has implemented the Migration (Class of Persons for Nil VAC—Workplace Justice Visa) Instrument (LIN 24/056) 2024. This regulation introduces the Workplace Justice visa as a stream under the Subclass 408 (Temporary Activity) visa, establishing a visa application charge (VAC) of nil for eligible applicants. This instrument is aligned with the Migration Amendment (Workplace Justice Visa) Regulations 2024.

Key Details:

• Commencement Date: 1 July 2024
• Objective: To implement the Workplace Justice visa stream within the Subclass 408 visa category.
• Eligibility: Applicable to applicants satisfying criteria under clause 408.228A of Schedule 2 to the Migration Regulations.
• Visa Application Charge: Nil for both primary and secondary applicants.

Consultation and Impact:

• Consultations were conducted with the Department of Employment and Workplace Relations, the Fair Work Ombudsman, and experienced non-government practitioners.
• The Office of Impact Analysis concluded that a detailed impact analysis was not necessary.

This initiative is part of a broader reform to support temporary migrants with workplace matters, informed by the Migrant Workers’ Taskforce Report, the Nixon Review, and the Migration Strategy.

Stay informed and ensure compliance with the latest regulations.

Effective 1 July 2024, the Australian Government has enacted the Migration (Daily Maintenance Amount for Persons in Detention) Determination (LIN 24/017) 2024. This regulation specifies a revised daily cost for the maintenance and care of individuals in immigration detention, now set at $538.79. This determination replaces previous instruments and ensures uniformity across all immigration detention centres, including the newly designated centres in Adelaide, Brisbane, and Melbourne. The updated amount, which will remain effective until 30 June 2026, reflects the current minimum cost to the Commonwealth.

The Department of Home Affairs has calculated this amount based on direct costs incurred by the Commonwealth, covering facility-based corporate overheads, catering, cleaning, facilities management, security, health services, and other related expenses. This adjustment aims to ensure that the Commonwealth's expenses for maintaining individuals in detention are accurately represented, upholding transparency and financial responsibility.

It is crucial to stay informed and adhere to these updated regulations to ensure compliance.

Migration (Specification of Degrees) Instrument (LIN 24/048) 2024

Issued by: Authority of the Minister for Home Affairs

Effective Date: 1 July 2024

The Migration (Specification of Degrees) Instrument (LIN 24/048) 2024, effective from 1 July 2024, updates the Migration Regulations 1994. This instrument repeals the previous Migration (Specification under clause 485.231—Qualifications) Instrument (LIN 23/023) 2023 and specifies new degrees required for Subclass 485 (Temporary Graduate) visa applicants in the Post-Higher Education Work stream.

Summary of the Migration (Specification of Categories of Visas that Preclude a Person from Lodging a Student Visa Application in Australia) Amendment Instrument (LIN 24/051) 2024

Issued by: Authority of the Minister for Home Affairs and Minister for Cyber Security

Effective Date: 1 July 2024

Purpose: The Migration (Specification of Categories of Visas that Preclude a Person from Lodging a Student Visa Application in Australia) Amendment Instrument (LIN 24/051) 2024 introduces changes to the Migration Regulations 1994 to update the categories of substantive temporary visas that preclude a person from lodging a Student (Temporary) visa application while in Australia.

Summary of the Migration Amendment (Work Related Visa Conditions) Regulations 2024

Effective Date: 1 July 2024

Purpose: The Migration Amendment (Work Related Visa Conditions) Regulations 2024 introduce significant changes to the Migration Regulations 1994 to enhance the labour market mobility of temporary migrants holding certain employer-sponsored visas. These amendments aim to reduce dependency on a single employer, address power imbalances, and provide greater flexibility for visa holders to change employers without risking their lawful status in Australia.

Key Changes: