Australian Immigration Daily News

The Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Amendment Rules 2025 have been introduced to repeal Section 13 of the 2024 Transitional Rules.

Key Changes:

• Previously, individuals in immigration detention had seven working days to apply for a review of migration or protection decisions under Section 347(3)(a) of the Migration Act 1958.
• Under the Administrative Review Tribunal (Miscellaneous Measures) Act 2025, this timeframe has been extended to 14 days from the date of notification.
• As a result, Section 13 of the Transitional Rules has been repealed, as it is no longer required.

Implications:

• The extended timeframe provides additional opportunity for affected individuals to apply for a review.
• This ensures greater consistency in the review process following the transition from the Administrative Appeals Tribunal to the ART.
• The change is expected to enhance procedural fairness while maintaining efficiency in migration and protection visa reviews.

The Administrative Review Tribunal commenced operations on 14 October 2024, and this amendment reflects the continued refinement of Australia’s migration review system.

The Attorney-General’s Department and the Department of Home Affairs have been consulted on this amendment, confirming that it will have minimal regulatory impact.

The Department of Home Affairs has introduced Ministerial Direction No. 111 (MD111), which came into effect on 19 December 2024, replacing Ministerial Direction No. 107 (MD107). This updated direction aims to enhance fairness, sustainability, and integrity within Australia’s international education sector while streamlining visa processing to ensure equity and efficiency.

Key Highlights:

1. Revocation of MD107: MD107, which was found to disproportionately impact certain education providers, has been revoked. MD111 replaces it with a more balanced framework.

2. Scope of MD111:

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Important Updates to the Temporary Graduate Visa (Subclass 485)

The Migration Amendment (Graduate Visas No. 2) Instrument (LIN 24/086) 2024 introduces significant refinements to the Temporary Graduate Visa (Subclass 485), particularly in the Post-Higher Education Work (PHEW) stream. These amendments aim to streamline academic requirements and enhance the pathway for skilled graduates to contribute to Australia’s workforce.

Key Updates:

The Migration Amendment (Relevant Assessing Authorities and Other Matters) Instrument 2024 introduces several updates to Australia’s skilled migration framework. The key changes include amendments to legislative instruments governing skills assessments, occupation specifications, and caveats under skilled visa programs. This instrument simplifies regulatory references, removes caveats limiting occupations based on international trade obligations for 10 roles, and clarifies assessing authority responsibilities.

For example, caveat 14, which restricted some occupations to nationals from countries with trade agreements, was removed from roles such as Chief Information Officer and Chef, making these roles accessible to applicants of all nationalities. Conversely, caveat 14 continues to apply to roles like Traditional Chinese Medicine Practitioner and Other Sports Coach or Instructor due to specific labour market concerns.

The instrument also aligns occupation lists and assessing authorities with the Migration Amendment (Skills Assessing Authorities) Regulations 2024. This ensures that assessment processes remain transparent and consistent, supporting Australia’s labour market needs.

Effective from 13 December 2024, the updated Minister of Religion Labour Agreement (MoRLA) introduces significant enhancements to skilled migration pathways for religious organisations in Australia. These changes aim to provide a streamlined and inclusive framework for faith-based institutions while maintaining robust worker protections.

Key Updates:

• Pathway to Permanent Residence: Religious workers now have improved access to permanent residency, facilitating long-term opportunities to contribute to Australian communities.
• Revised Criteria: Adjustments to salary thresholds, qualifications, work experience, and English language requirements ensure the framework accommodates diverse religious practices and organisational needs.
• Broader Access: The agreement supports religious organisations involved in education, charitable work, and the promotion of their beliefs by enabling better access to skilled overseas workers.

This updated framework underscores the Australian Government's commitment to supporting the missions of religious organisations while safeguarding worker rights. Religious institutions are encouraged to explore these opportunities to enhance their services and contributions to Australian society. For further information, visit the Department of Home Affairs website.