Breaking Australian immigration news brought to you by Migration Alliance and associated bloggers.
6:14pm 5 September 2014: Breaking news from DIBP:
The disallowance motion in the Senate was scheduled for consideration on 2 September but Senator Hanson-Young has postponed it until 24 September. The Parent and Other Family visas remain closed and it is not possible to make an application for these visas. If the disallowance motion is successful then the visas will reopen from that date only. The disallowance motion in the House of Representatives on 15 July was defeated by the Government.
Regards
XXXXXXXXXXXX [ name removed for privacy reasons]
Director
Family Policy Section
Visa Framework and Family Policy Branch
Migration and Citizenship Policy Division
Department of Immigration and Border Protection
Earlier news today: Migration Alliance is in receipt of the following information:
Senator Hanson-Young is shortly intending to move a disallowance motion against the Migration Amendment (Repeal of Certain Visa Classes) Regulation 2014, as contained in Select Legislative Instrument 2014 No. 65 [F2014L00622], made under the Migration Act 1958. The Instrument ceased the non contributory parent and aged parent, aged dependent relative, remaining relative and carer visa subclasses.
IF the disallowance motion is successful, there may be a short period of time to again lodge applications for these visa subclasses before moves are made to again close these pathways.
The lodgement instructions from Members Notice 57, 30 May 2014 are also repeated below:
Parent Visas subclass 103 and Subclass 804
§Applications must be posted or couriered to the Parent Visa Centre
§Emailed and faxed applications will not be accepted! Schedule 1 does not allow it.
Remaining Relative
§Subclass 115 - Applications can be lodged at any overseas DIBP office
§Subclass 835 - Although the DIBP website advises that applications can be lodged at the Perth DIBP office, marked “Attention Child and Other Family Processing Centre”, Schedule 1 states that “if no address has been specified for subparagraphs (i) and (ii) — by lodging the application at an office of Immigration.” And there appears to be no addressed specified by the Minister.
There is no legal impediment to lodging an application for this visa at any DIBP office in Australia.
There is no legal impediment to lodging an application for this visa at any DIBP office in Australia.
We are currently trying to confirm the veracity of this information. I have written to the MAS in Canberra to see if they can provide more certain information.
A link to news on this subject: http://auzworldmigration.com.au/disallowance-motion-24-september-2014-non-contributory-parent-and-aged-parent-aged-dependent-relat/
Thanks Liana.
If the Disallowance Motion is successful, what is the means by which the Government can seek to withdraw these visa subclasses again?
Does the Government simply pass another Legislative Instrument straightaway?
Or is there a protocol that means an alternative method of implementing the change must be used?