Australian Immigration Daily News

The Migration Legislation Amendment (Regional Processing Cohort) Bill 2019 (the Bill) amends the Migration Act 1958 (Migration Act) and the Migration Regulations 1994 (the Migration Regulations) to prevent unauthorised maritime arrivals (UMAs) who were at least 18 years of age and were taken to a regional processing country after 19 July 2013 from making a valid application for an Australian visa.

The amendments will also apply to transitory persons who were at least 18 years of age and were taken to a regional processing country after 19 July 2013 under Division 7 or 8 of Part 3 of the Maritime Powers Act 2013 (the Maritime Powers Act). These groups of people will be referred to as the designated regional processing cohort.

The amendments will include a personal power of the Minister to permit a member of the designated regional processing cohort, or a class of persons within the designated regional processing cohort, to make a valid application for a visa if the Minister thinks it is in the public interest to do so.

The Bill includes measures to prevent a member of the designated regional processing cohort from being deemed to have been granted a Special Purpose visa under section 33 of the Migration Act, or being deemed to have applied for particular visas under the Migration Regulations.

The amendments will apply to a member of the designated regional processing cohort: who is currently subject to regional processing arrangements; who has left a regional processing country and is in another country; or who is taken to a regional processing country in the future.

Source: Migration-Legislation-Amendment-Regional-Processing-Cohort-Bill-2019.pdf and Migration-Legislation-Amendment-Regional-Processing-Cohort--Bill-2019-Explanatory-Memorandum.pdf