Australian Immigration Daily News

The Migration (Refund of Visa Application Charge) Amendment (Business Innovation and Investment Program) Instrument (LIN 24/062) 2024 specifies circumstances under which the first instalment of the Visa Application Charge (VAC) can be refunded for applicants of the Subclass 132 (Business Talent (Permanent)) visa and Subclass 188 (Business Innovation and Investment (Provisional)) visa.

Key Points:

• The Subclass 132 visa and Subclass 188 visa closed to new applications on 1 July 2021 and 31 July 2024, respectively.
• This instrument allows for a refund of the first instalment of the VAC for applications in the Business Innovation, Investor, Significant Investor, or Entrepreneur streams if:
  • The visa application has not been finalised.
  • The applicant submits a written request to withdraw the application on or after 31 July 2024.

Consultation:

Consultations were conducted with multiple government departments, including the Department of the Prime Minister and Cabinet, Department of Finance, Austrade, and relevant state and territory governments.

The instrument is exempt from parliamentary disallowance, and it was made by a delegate of the Minister for Immigration and Multicultural Affairs.

On 24th September 2024, the Migration (LIN 21/056: Arrangements for Visitor (Class FA) visa applications) Amendment (LIN 24/068) Instrument 2024 was enacted under the authority of the Minister for Immigration, Citizenship, and Multicultural Affairs. This legislative instrument amends the existing arrangements under the Migration Regulations 1994 concerning the Subclass 600 (Visitor) visa in the Approved Destination Status (ADS) stream.

Key Details:

• Purpose: The instrument updates the table of ADS-approved travel agents in China, allowing eligible citizens from the People's Republic of China to organise tours to Australia through authorised agents.
• Consultation: This amendment was developed in consultation with key stakeholders, including Austrade, the Department of Foreign Affairs and Trade, Tourism Australia, and the Australian Consulate-General of Guangzhou.
• Impact Analysis: The Office of Impact Analysis (OIA) deemed that the measures were unlikely to have more than a minor impact, indicating that a detailed Impact Analysis was not required (OIA Reference: OIA24-07984).

The instrument is exempt from parliamentary disallowance and does not require a Statement of Compatibility with Human Rights.

Source: LIN24068.pdf and LIN24068-Explanatory-Statement.pdf

The Attorney-General, Hon Mark Dreyfus KC MP, has announced key appointments to the Administrative Review Tribunal (ART) and the Administrative Appeals Tribunal (AAT), which will help manage members and caseloads in several jurisdictions.

Four inaugural Jurisdictional Area Leaders have been assigned for the ART:

• Deputy President Simone Burford for Protection.
• Deputy President Kruna Dordevic for the National Disability Insurance Scheme and Social Security.
• Deputy President Gina Lazanas for Taxation and Business, Veterans and Workers’ Compensation, and General Jurisdiction.
• Deputy President Kathryn Millar for Migration.

Additionally, Justice Emilios Kyrou AO will lead the Intelligence and Security Jurisdictional Area. These assignments will take effect when the ART commences on 14 October 2024.

The Migration (Specification of Health Service Provider) Instrument (LIN 24/040) 2024 formally designates Bupa Health Services Pty Ltd, trading as Bupa Medical Visa Services, as the specified health service provider for medical assessments related to visa applications under subregulation 1.15AA(2) of the Migration Regulations 1994. This instrument replaces the previous specification (IMMI 14/085) and ensures continuity of the existing arrangements, which require medical assessments for applicants claiming to be carers under certain visa categories.

Key points:

• The instrument continues the current operational framework by maintaining Bupa as the designated provider for visa-related medical assessments.
• The instrument repeals IMMI 14/085, which was due to sunset on 1 October 2024, and modernises the language and structure of the regulation for clarity and simplicity.
• Bupa was selected through an open market tender process conducted by the Department of Home Affairs.

This measure supports effective visa processing and ensures compliance with regulatory requirements for health assessments.

The Migration (Subclass 462 (Work and Holiday) Visa Pre-application Process) Determination (LIN 24/060) 2024, effective from 16 September 2024, introduces a pre-application process for the Subclass 462 visa. This process, applicable to countries such as India, China, and Vietnam, involves a random selection (ballot) of registered participants who seek to apply for the visa.

Key details:

• The ballot system is designed to manage high demand for the Subclass 462 visa from certain countries.
• To register for the pre-application process, applicants must be 18 to 30 years old and hold a valid passport from a participating country.
• Registration and selection periods will be published on the Department of Home Affairs website, and selections will be made via a computerised random draw.

The ballot system ensures fair and equitable access to the visa program, allowing selected participants to submit a visa application within a specified timeframe. This measure helps manage the volume of visa applications and aligns with bilateral agreements between Australia and participating countries.