Australian Immigration Daily News

The Migration Amendment (Substituted Subclass 600 Visa Exemptions) Regulations 2025 introduces changes to the Migration Regulations 1994, specifically impacting applicants for the Aged Parent (Subclass 804), Contributory Aged Parent (Subclass 864), and Contributory Aged Parent (Subclass 884) visas.

Key Amendments:

1. Eligibility for Aged Parent Visas:

   • Applicants must either:
     • Be an aged parent (as defined in regulation 1.03 of the Migration Regulations), or
     • Hold a substituted Subclass 600 (Visitor) visa at the time of application.
   • This exemption ensures that individuals who have been granted a substituted Subclass 600 visa under ministerial intervention (sections 351, 501J, or repealed section 417 of the Migration Act 1958) can apply for an Aged Parent visa without needing to meet the “aged parent” requirement.

2. Retrospective Application:

   • The amendments apply retrospectively from 17 December 2024, aligning with changes introduced in the Migration Amendment (Family Violence Provisions and Other Measures) Regulations 2024.
   • This ensures that holders of a substituted Subclass 600 visa remain eligible to apply for an Aged Parent visa, even if they do not meet the age threshold.

3. Human Rights Considerations:

   • The amendments support family reunification by allowing parents who have received ministerial intervention to remain with their families in Australia.
   • It aligns with Article 17(1) of the ICCPR, which protects families from arbitrary separation.

4. Regulatory Justification:

   • The Government opted for regulation over legislative changes to ensure flexibility in managing Australia’s visa framework.
   • No external consultation was deemed necessary, as the amendment aligns with existing policy exemptions.

Implications:

• Positive Impact: Non-citizens who have received a ministerial intervention to stay in Australia can apply for an Aged Parent visa without needing to satisfy the aged parent definition.
• Administrative Efficiency: Maintains consistency in visa processing and avoids unnecessary delays for eligible applicants.

This amendment ensures continued access to the Aged Parent visa pathway for substituted Subclass 600 visa holders, reinforcing the importance of ministerial discretion in compassionate immigration decisions.

Source: Migration-Amendment-Substituted-Subclass-600-Visa-Exemptions-Regulations-2025.pdf and Migration-Amendment-Substituted-Subclass-600-Visa-Exemptions-Regulations-2025---explanatory-statement.pdf