Australian Immigration Daily News

The purpose of the instrument is to clarify the types of former Subclass 600 (Visitor) visa (Subclass 600 visa) holders who can apply for a new Subclass 600 visa with a nil visa application charge (VAC) where their travel to Australia has been affected by the COVID-19 pandemic. Under subparagraph 1236(2)(a)(iv) of Schedule 1 to the Migration Regulations, the Minister may specify a class of persons who are applicants with a nil VAC amount for Visitor (Class FA) visas, which includes Subclass 600 visas.  The instrument amends LIN 21/021 to clarify the applicants for a Subclass 600 visa who are in a class of person for a nil VAC.

Source: LIN21033.pdf and LIN21033-Explanatory-Statement.pdf

The purpose of the instrument is to determine the maximum number of visas that may be granted for certain classes of visas in the financial year from 1 July 2020 to 30 June 2021. The instrument covers the following visa classes (with item numbers referring to items in Schedule 1 of the Migration Regulations 1994 (the Migration Regulations)):

Contributory Parent classes of visas

a. Contributory Parent (Migrant) (Class CA) visa (item 1130)

b. Contributory Aged Parent (Residence) (Class DG) visa (item 1130A)

c. Contributory Parent (Temporary) (Class UT) visa (item 1221)

d. Contributory Aged Parent (Temporary) (Class UU) visa (item 1221A).

Parent classes of visas

a. Parent (Migrant) (Class AX) visa (item 1124)

b. Aged Parent (Residence) (Class BP) visa (item 1124A).

Other Family classes of visas

a. Other Family (Migrant) (Class BO) visa (item 1123A)

b. Other Family (Residence) (Class BU) visas (item 1123B).

The instrument determines the maximum number of visas for these visa classes as follows:

a. Contributory Parent visas: 3,600 (which includes 125 visas under the Pathway to Permanent Residence for Retirees that was introduced under the Migration Amendment (Pathway to Permanent Residence for Retirees) Regulations 2018)

b. Parent visas: 900

c. Other Family visas: 500.

Source: LIN21025.pdf and LIn21025-Explanatory-Statement.pdf

Migration SA has updated the processing times for Skilled Migration nomination applications:

• Critical sector occupations: 2 - 6 weeks
• All other applications: 8 - 10 weeks

Source: https://www.migration.sa.gov.au/nomination-process/processing-times

Overview of the Disallowable Legislative Instrument

The Immigration (Education) Act 1971 (the Act) provides for publicly-funded tuition in approved English courses to eligible migrants. This is delivered through the Australian Government Adult Migrant English Program (AMEP). 

The purpose of this Disallowable Legislative Instrument is to repeal and replace the Immigration (Education) (Functional English) Specification 2017 (F2017L00720) to align with amendments made to the Act by the Immigration (Education) Amendment (Expanding Access to English Tuition) Act 2020 (the Amendment Act) to encourage the acquisition of a higher level of English proficiency. 

The Amendment Act relevantly changed the eligibility requirements for a person to be eligible for an approved English course. Prior to amendments, the eligibility requirements in subsection 4A(b) of the Act meant a migrant became ineligible for tuition under the Act once they reach the level of ‘functional English’. This is lower than the level of English required by most employers, and for enrolment in TAFE courses. 

Expressions of interest (EOIs) are now open for consideration of appointments to the Administrative Appeals Tribunal (AAT). 

The AAT conducts independent merits review of administrative decisions made under Commonwealth laws. They review decisions made by Australian Government ministers, departments and agencies and, in limited circumstances, decisions made by state government and non-government bodies. They also review decisions made under Norfolk Island laws. 

EOIs for appointment as a Senior Member in a Deputy Division Head role close at 11:59 pm (AEST) on Sunday, 16 May 2021. EOIs for appointment as Deputy President, Senior Member or Member will be accepted on an ongoing basis over a 12-month period or until a new call is advertised.