Australian Immigration Daily News

The Migration Amendment (Dependent Secondary Partner Visa Applicants) Regulations 2024, issued under the authority of the Minister for Immigration, Citizenship Migrant Services, and Multicultural Affairs, introduces significant amendments to the Migration Regulations 1994. These amendments facilitate the grant of Subclass 309 (Partner (Provisional)) and Subclass 100 (Partner) visas to a specific cohort of secondary applicants who, due to extended processing times caused by the now-revoked Ministerial Direction 80, no longer meet the age requirement as a member of the family unit (MoFU).

Ministerial Direction 80 previously assigned the lowest processing priority to Family visa applications involving sponsors who were permanent residents entering Australia as Unauthorised Maritime Arrivals (UMAs), leading to delayed visa processing. The amendments address the impact of these delays by allowing secondary applicants who have aged beyond 23, the usual MoFU age limit, to qualify for visa grants based on their dependency on the primary applicant, irrespective of age.

This legislative adjustment is a targeted response to the disadvantages faced by affected families due to the processing priorities under Ministerial Direction 80. It ensures that applicants who made combined visa applications before 9 February 2023, but were not yet finally determined, are not further disadvantaged by age criteria. This change underscores the government's commitment to family unity and addresses human rights concerns by facilitating family reunification and reducing discrimination against families affected by processing delays.

The regulations came into effect the day after registration on the Federal Register of Legislation, embodying the government's ability to adaptively manage Australia's visa program and promptly address emerging needs. This action also illustrates the government's practice of detailing visa criteria and conditions in regulations, providing flexibility in immigration policy management.

#MigrationLaw #FamilyReunification #VisaAmendment #AustralianImmigration #PartnerVisa

Source: Migration-Amendment-Dependent-Secondary-Partner-Visa-Applicants-Regulations-2024.pdf and

Migration-Amendment-Dependent-Secondary-Partner-Visa-Applicants-Regulations-2024-Explanatory-Statement.pdf