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Posted by on in General

Please find attached important updates regarding Ministerial Intervention under sections 351, 501J, 46A and 48B of the Migration Act 1958.

Letter---Ministerial-Intervention---section-351-and-501J.pdf

and

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The Migration (Specification of Class of Persons) Instrument 2025 (LIN 25/091) will commence on 1 October 2025, repealing and replacing IMMI 15/026

This legislative instrument, made under paragraphs 050.613A(1)(b) and 051.611A(1)(c) of Schedule 2 to the Migration Regulations 1994, applies to Subclass 050 (Bridging (General)) and Subclass 051 (Bridging (Protection Visa Applicant)) visas.

It specifies that persons granted a Bridging Visa E under section 195A of the Migration Act 1958 are a class of persons who may be permitted to work while holding that visa. As a result, conditions 8101 (no work) and 8116 (restricted work) will not be imposed for this group.

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The Australian Border Force (Secrecy and Disclosure) Rule 2025 remakes and updates the 2015 Rule, which was due to sunset on 1 October 2025, to ensure continuity of lawful disclosure of Immigration and Border Protection (IBP) information under the Australian Border Force Act 2015.

The Rule:

  • Retains existing provisions allowing disclosure of IBP information for the detection of persons who may pose risks to Australia or foreign countries, and for the investigation of misconduct or integrity issues.

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The Migration (Access to Movement Records) Instrument 2025 (LIN 25/001), made under subregulations 3.10A(1) and (2) of the Migration Regulations 1994, prescribes the legislation, agencies, employees, and purposes for which access to movement records may be authorised under section 488 of the Migration Act 1958. It repeals the earlier instrument LIN 23/015 (2023).

Background and Scope

  • Section 488 of the Migration Act prohibits the unauthorised reading, use, or disclosure of movement records.

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The Australian Government has issued the Health Insurance (Eligible Persons in the Support for Trafficked People Program and the Forced Marriage Specialist Support Program and their Dependents) Order 2025 (No. 826) under subsection 6(1) of the Health Insurance Act 1973.

This Order revokes the earlier Order No. 824 and provides that:

  • Participants in the Support for Trafficked People Program (STPP) and the Forced Marriage Specialist Support Program (FMSSP) are recognised as eligible persons under the Act.

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Migration (Specification of Class of Persons) Instrument 2025 - BVE work rights
The Migration (Specification of Class of Persons) ...
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Australian Border Force (Secrecy and Disclosure) Rule 2025
The Australian Border Force (Secrecy and Disclosur...
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Migration (Access to Movement Records) Instrument 2025
The Migration (Access to Movement Records) Instrum...
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Social Security (Special Benefit - Class of Visas) Determination 2025
The Australian Government has issued the Health In...
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