Australian Immigration Daily News

Purpose

The instrument operates to specify arrangements for bridging visa applications made under subregulation 2.07(5) of the Migration Regulations. Subregulation 2.07(5) provides that if an item of Schedule 1 to the Migration Regulations prescribes criteria or requirements by reference to a legislative instrument made under this subregulation, the Minister may, by legislative instrument, specify the following:

(a) an approved form for making an application for a visa of a specified class;

(b) the way in which an application for a visa of a specified class must be made;

(c) the place at which an application for a visa of a specified class must be made.

This instrument specifies these requirements for Bridging A (Class WA), Bridging B (Class WB), Bridging C (Class WC), Bridging D (Class WD), Bridging E (Class WE) and Bridging F (Class WF) visas.

The purpose of the instrument is to update LIN 20/068, to reflect changes to the manner in which a Bridging E (Class WE) application on paper forms 1005 and 1008 is lodged. Specifically, the instrument removes acceptance of paper application for form 1005 or 1008 lodged by any electronic means, i.e. by email to a permitted email address or by fax to a permitted fax number. However, this does not cease the use of paper forms 1008 or 1005, as it is still possible for an applicant to submit an application for a Bridging E (Class WE) visa by post to an office of immigration or in person using the paper forms.

This change is intended to improve processing efficiency by reducing manual data entry and multiple Bridging E (Class WE) visa application lodgement by the same client. The ceasing of paper applications by electronic means will not affect any other Bridging E (Class WE) visa application lodgement options. Clients will still be able to lodge a Bridging E (Class WE) visa by post and internet forms.

In addition, the instrument amends the approved forms for bridging visa applications under the Migration Regulations to include references to paper form 47GT and online form 47GT (Internet). This allows an applicant for a Global Talent (Class BX) (Subclass 858) visa to be lawfully granted a Bridging A (Class WA) visa, a Bridging C (Class WC) visa or a Bridging E (Class WE) visa at the time when the applicant submitted a valid visa application on paper or online, using those forms.

It has been consistent practice that specific detail regarding the lodgement of visa applications be included in delegated legislation. This facilitates the operation of a dynamic and responsive immigration program. Changing the manner in which bridging visa applications are lodged and other minor administrative matters would not be an appropriate use of the parliament’s time. Amending primary legislation would also likely cause a time delay in which bridging visa applicants can be lodged. For these reasons, it is appropriate that the matters contained in this instrument and LIN 20/068 are specified in delegated legislation.

 Source: LIN21045.pdf and LIN21045-Explanatory-Statement.pdf

The Office of the Migration Agents Registration Authority (OMARA) regulates registered migration agents to protect the rights of people using their services.

The OMARA has recently cancelled the registration of a migration agent for five years for false employment and improper business interest offences.

For more information on the decision visit: https://lnkd.in/dRB_aG2.

To view a list of Australian registered migration agents working all around the world visit: www.mara.gov.au.

The Home Affairs Legislation Amendment (2021 Measures No 1) Regulations 2021 (the Regulations) amend the Migration Regulations 1994 (Migration Regulations) and the Australian Citizenship Regulation 2016 (the Citizenship Regulation) as follows:

Amendments to the Migration Regulations 1994

Schedule 1 – Business Innovation and Investment Program – implements findings of a review and consultations to streamline and improve the operation of the Business Innovation and Investment Program to produce better outcomes for the Australian economy and support Australia’s post-COVID-19 economic recovery by maximising the impact of high value investors, business owners and entrepreneurs.

Overview of the Disallowable Legislative Instrument

The Migration Amendment (Merits Review) Regulations 2021 (the Regulations) would amend the Migration Regulations 1994 (the Migration Regulations) to increase the fee for certain applications to the Migration and Refugee Division (MRD) of the Administrative Appeals Tribunal (AAT). The fee applies to applications for review of decisions relating to visas other than protection visas, and includes decisions in relation to sponsorships and nominations. These are Part 5 reviewable decisions under the Migration Act 1958 (the Act).

The increase to the fee is part of a funding package for the AAT and the Federal Circuit Court (FCC), as announced in the 2021-22 Federal Budget. As part of the package, revenue from the increased fee will offset expenditure to provide additional resources to the AAT and the FCC to reduce the migration related backlogs that have developed as a result of significant increases in application rates as well as the prospective increase in matters that will be heard in the FCC. The increase in the fee will enhance the decision making capacity of the AAT and the FCC for migration matters and thus provide a more timely service by both bodies

The Regulations do not alter the type or nature of decisions that qualify for merits review under the Act, but provide that the prescribed fee required to be paid by an individual in seeking a review is increased from $1,826 to $3,000. In accordance with existing provisions, the Registrar of the AAT can reduce the fee by 50 percent if the fee would cause severe financial hardship to the review applicant; and successful applicants for review remain entitled to a refund of 50 percent of the fee (regulation 4.14 of the Migration Regulations).

Source: Migration-Amendment-Merits-Review-Regulations-2021.pdf and

Migration-Amendment-Merits-Review-Regulations-2021-Explanatory-Statement.pdf

Overview of the Disallowable Legislative Instrument

The purpose of the Migration Amendment (Visa Application Charges) Regulations 2021 (the Regulations) is to amend the Migration Regulations 1994 (the Migration Regulations) to make changes to visa application charges (VACs) for certain visas as a consequence of the 2017-18 Budget Measure Indexation of visa application charges, and 2020-21 Budget Measure Migration Program – changes to the Business Innovation and Investment Program.

In particular, the Regulations amend the Migration Regulations to increase VACs for a number of visas by the forecast consumer price index (CPI), consistent with the 2017-18 Budget Measure Indexation of visa application charges. From 2017-18, annual indexation of the VAC 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 2020-21 baseline amounts by the 2021-22 forecast CPI as published in the 2021-22 Budget Paper No.1, rounded to the nearest $5. It is intended that these indexation amendments will continue to be made on an annual basis.

In addition, consistent with the 2020-21 Budget Measure Migration Program – changes to Business Innovation and Investment Program, visa application charges for most Business Innovation and Investment Program (BIIP) visas are also increased by 11.345 percent (cumulatively with VAC indexation). This coincides with the closure of three streams of visas with effect from 1 July 2021: the Subclass 132 (Business Talent) permanent visa (with two streams) is being repealed, and the Premium Investor stream of the Subclass 188 (Business Innovation and Investment (Provisional)) visa is being closed to new applications from 1 July 2021.

Source: Migration-Amendment-Visa-Application-Charges-Regulations-2021.pdf and 

Migration-Amendment-Visa-Application-Charges-2021-Explanatory-Statement.pdf