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Crucial Legislative Updates

Over the course of this week, the Department has released a number of legislative updates applicable to variety of visa subclasses.    These updates include the following.

1.         Eligible Passports

Instrument Immi 18/002: Eligible Passports commenced operating this week.  The instrument specifies that under section 175A of the Act, the Government is able to specify that a kind of passport is an “eligible passport” for the purposes of Division 5 of Part 2 of the Act. Division 5 of Part 2 of the Act regulates the immigration clearance of persons entering Australia. The determination specifies that all valid passports are “eligible passports” with the exceptions of travel documents with certain characteristics.  Specifically this instrument is substantively the same as the instrument it repeals (IMMI 14/079) except for the following two changes:

  • the instrument determines Somali passports are excluded from being a kind of valid passport that is an “eligible passport” for Division 5 of Part 2 of the Act; and
  • the instrument removes the reference to ‘Turkish passports identifying the holder as an official of the ‘Turkish Republic of Northern Cyprus’’ from the list of passports that are excluded from being a kind of valid passport that is an “eligible passport” 

https://www.legislation.gov.au/Details/F2018L01257 

2.       Determination of Daily Maintenance Amounts for Persons in Detention 

The legislation came into force to specify the amount payable, on a daily basis, for keeping and maintaining a person in immigration detention at a specified place. The amount calculated is based on an average across all facilities based on the daily expenses aligned with the operational capacity of each facility with a daily rate of $489.11. The new rate has been approved by the Department of Home Affairs’ Chief Finance Officer to reflect the current cost of keeping and maintaining a person in immigration detention. 

The amount includes:

  • the amount applicable to the person for the cost of keeping and maintaining the person while in immigration detention, as per paragraph 262(1)(c) of the Act;
  • the cost of transporting the person and the cost of securing the person between the vessel to the place of immigration detention, as per paragraph 262(1)(d) of the Act;
  • the cost of transporting the person and a person holding the person, between places of immigration detention, as per paragraph 262(1)(e) of the Act; and
  • if the person is, or is to be, removed from Australia at the expense of the Commonwealth, the cost of that removal, including transporting a person holding the person, as per paragraph 262(1)(g) of the Act. 

https://www.legislation.gov.au/Details/F2018L01196 

3.       Arrangements for Protection, Refugee and Humanitarian Visas 

New arrangements are in place for lodging paper based protection, refugee and Humanitarian Visas.  The Instrument also removes the Onshore Protection Victoria and the Special Humanitarian Processing Centre in Melbourne as approved places for lodging a Protection (Class XA) visa application or a Refugee and Humanitarian (Class XB) visa application that was available in the previous instrument IMMI 17/051.

The instrument applies to applications for a Protection (Class XA) visa, a Refugee and Humanitarian (Class XB) visa, a Temporary Protection (Class XD) visa and a Safe Haven Enterprise (Class XE) visa made on or after the commencement of this instrument.

 Arrangements for Protection (Class XA) Visa

 Application must be lodged by:

a)      internet application; or

b)      post to the following address if paper form used:

Onshore Protection New South Wales

Department of Home Affairs

GPO Box 9984

SYDNEY NSW 2001 

Arrangements for Refugee and Humanitarian (Class XB) Visa 

Application must be lodged by:

(a)    post, with the correct prepaid postage to:

Special Humanitarian Processing Centre

Department of Home Affairs

GPO Box 9984

SYDNEY NSW 2001; or

(b)   courier service delivery to:

Special Humanitarian Processing Centre

Department of Home Affairs

Level 3

26 Lee Street

SYDNEY NSW 2001; or 

(c)    email via the online lodgement portal at the following address:

https://www.homeaffairs.gov.au/humvisaapplication 

Arrangements for Temporary Protection (Class XD) Visa 

 Application must be lodged by:

(a)    internet application; or

(b)   post to the following address if paper form is used:

Onshore Protection New South Wales

Department of Home Affairs

GPO Box 9984

SYDNEY NSW 2001 

Arrangements for Safe Haven Enterprise (Class XE) Visa 

Application must be lodged by:

(a)    internet application; or

(b)   post to the following address if paper form used:

Onshore Protection New South Wales

Department of Home Affairs

GPO Box 9984

SYDNEY NSW 2001 

https://www.legislation.gov.au/Details/F2018L01235 

4.       Access to movement records 

New arrangements have been put in place to specify the agencies, employees and purposes for which movement records can be accessed by external agencies under the Regulations and the Migration Act 1958 (the Act). 

Relevant new sections are as follows: 

  • Subsection 488(1) of the Act prohibits a person from reading, examining, reproducing, using or disclosing any part of the movement records. However, subparagraph 488(2)(a)(vii) of the Act permits the Minister to authorise an officer to perform for the purposes of any prescribed legislation an action prohibited by subsection 488(1). Under subparagraph 488(2)(a)(vii) of the Act, subregulation 3.10A(1) of the Regulations allows for Commonwealth, State and Territory legislation specified by the Minister in an instrument in writing to be prescribed. The instrument specifies which Commonwealth, State or territory legislation is prescribed.
  • Similarly, paragraph 488(2)(g) of the Act permits the Minister to authorise a prescribed employee of a prescribed agency to perform an action prohibited by subsection 488(1) for a specified purpose. Under paragraph 488(2)(g) of the Act, subregulation 3.10A(2) of the Regulations allows for the agency, employee and purpose to be specified in an instrument in writing. The instrument specifies these agencies, employees and purposes.
  • The purpose of the instrument is to update the information previously contained in IMMI 16/090 and reflect changes made to legislation, agencies and employees. There have been updates made to legislative references and additional government agencies have been included for the purposes of sharing movement records.

 https://www.legislation.gov.au/Details/F2018L01199 

5.       No News on 2018/19 Skilled Occupation List 

As reported previously the Department of Small Jobs handed down their recommendation on the new 2018/19 skilled occupation list.  At this stage, the new list is yet to be announced.  The progress can be tracked here:

https://www.jobs.gov.au/SkilledMigrationList

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Comments

  • Shan Sumeda-Senanayake
    Shan Sumeda-Senanayake Thursday, 20 September 2018

    So useful. Thank you Liana.

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