Australian Immigration Daily News

The Migration Amendment (Family Violence Provisions and Other Measures) Regulations 2024 introduce critical changes aimed at safeguarding visa applicants experiencing family violence. These changes expand the family violence provisions to include 11 additional visa subclasses, such as Parent, Business Talent, and Contributory Parent visas. The amendments allow secondary applicants to claim family violence and secure permanent residency even if their relationship with the primary applicant ends due to violence.

Key highlights include:

• The family violence provisions now cover a broader range of scenarios, including instances where family violence leads to a breakdown of the primary applicant's visa criteria.
• Amendments ensure secondary applicants and their dependents can retain visa eligibility without financial penalties, such as waivers on additional visa application charges for those unable to meet English proficiency requirements.
• The "one fails, all fail" principle remains but adapts to include family members impacted by family violence, ensuring consistency in visa decisions.

These amendments reflect Australia's commitment to protecting vulnerable visa applicants from being compelled to stay in harmful relationships. They align with the National Plan to End Violence Against Women and Children 2022-2032.

The Migration Amendment (Subclass 070 Bridging (Removal Pending)) Visa) Regulations 2024 introduces significant updates to visa regulations for non-citizens released from detention under section 195A of the Migration Act 1958. These changes aim to enhance community safety and ensure compliance with Australian immigration laws.

Key Updates:

• Expanded Eligibility: Non-citizens granted a Subclass 070 visa by the Minister under personal powers can now be released from detention, subject to strict conditions designed to ensure public safety.
• Mandatory Conditions: Visa holders may be required to comply with electronic monitoring, curfews, and other community safety measures as part of their visa conditions.
• Compliance Rules: Strengthened oversight ensures that visa holders adhere to the specified conditions, maintaining the integrity of Australia's migration system.
• Public Interest Powers: The Minister retains the authority to grant Subclass 070 visas in circumstances deemed to be in the public interest, balancing individual considerations with broader community protection.

Implementation:
These amendments take effect immediately upon registration and align with the Australian Government’s commitment to ensuring a robust and secure migration framework. They reflect a balance between humanitarian considerations and the need for community safety and compliance.

The Migration Amendment (Labour Agreement Requirements) Regulations 2024 introduces critical updates to the skilled migration framework for the Subclass 186 (Employer Nomination Scheme), Subclass 482 (Skills in Demand), and Subclass 494 (Skilled Employer Sponsored Regional) visas.

Key Updates:

• Employers operating under labour agreements now have enhanced flexibility to tailor criteria for English language proficiency, age, qualifications, and work experience to meet specific workforce needs.
• Legislative provisions have been clarified to support alternative nomination requirements, ensuring these agreements are adaptable to address regional labour shortages.
• The amendments strengthen pathways to permanent residency for skilled migrants via the Labour Agreement stream.

Implications: These changes empower employers to address skill shortages effectively while maintaining protections for Australian workers. Skilled migrants benefit from more transparent and efficient criteria, particularly in regional areas.

The Migration Amendment (Skills Assessing Authorities) Regulations 2024 introduces pivotal changes to the Migration Regulations 1994, enhancing the oversight and integrity of skills assessment processes for migrants. These changes align with the Australian Government's broader migration strategy to ensure high standards and timely delivery of skills assessments by designated authorities.

Key highlights include:

• The introduction of express powers for the Skills Assessment Minister to approve, impose conditions on, or revoke the approval of assessing authorities for skilled occupations. This ensures only suitable bodies handle skills assessments.
• Mechanisms for internal reconsideration and merits review, promoting transparency and fairness in decisions related to assessing authorities.
• Clarity on how these regulations apply to existing and future assessments, maintaining a robust framework for skilled migration.

These amendments are significant for skilled migrants and assessing authorities alike, solidifying Australia's commitment to maintaining a high-quality migration system.

The Department of Home Affairs has provided clarity on Caveat 14, addressing concerns regarding its interpretation in relation to the Core Skills Occupation List (CSOL). This caveat applies to positions "not provided for under an International Trade Obligation (ITO)" and was initially intended to highlight occupations included on the CSOL due to commitments under ITOs.

However, the Department has acknowledged that the caveat’s wording, particularly when read alongside the Explanatory Statement, may lead to the strict interpretation that applications for Chefs are limited to specific nationalities under existing ITOs.

To address this:
1. The Department will amend the instrument to ensure clarity as a matter of priority.
2. In the interim, applications for Chefs will not be restricted by nationality, and such applications can continue to be lodged and granted without concern.

Caveat 14 Applicability to Other Occupations

The caveat will remain in place for certain occupations, reflecting specific labour market considerations and feedback:
- Other Sports Coach or Instructor (Wushu Martial Arts Coach or Yoga Instructor Only): As a Skill Level 4 occupation, this role would not typically be included on the CSOL.
- Private Tutors and Teachers nec and Traditional Chinese Medicine Practitioner: These occupations were not supported for inclusion based on stakeholder feedback and labour market analysis provided by Jobs and Skills Australia (JSA).

This clarification ensures the intent of Caveat 14 is appropriately understood and implemented, balancing Australia’s commitments under ITOs with the country’s labour market needs.