Breaking Australian immigration news brought to you by Migration Alliance and associated bloggers. Please email help@migrationalliance.com.au
Federal Government confirmed that Australia’s election will be held on 18 May 2019.
As a result, several migration bills have lapsed as a result.
The following bills are impacted:
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Dr Kamal Karunadasa, our colleague, is conducting research into the Migration program with particular emphasis on Temporary Protection visa applicants and their use of RMAs.
This valuable research needs your assistance.
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Migration (LIN 19/147: Arrangements for Sponsorship for Temporary Sponsored Parent Visa) Instrument 2019
The instrument’s purpose and operation is to specify the process for approval as a family sponsor for a Temporary Sponsored Parent Visa (TSPV) in relation to a specified form in which to apply for approval for the purposes of paragraph 2.61A(3)(b) of the Regulations and the specified fee for the application of approval for the purposes of paragraph 2.61A(3)(c) of the Regulations.
The instrument’s head of power is provided by the Migration Amendment (Temporary Sponsored Parent Visa and Other Measures) Regulations 2019.
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The Migration Agents Amendment (CPD Requirements) Regulations 2019 (the Regulations) amend the Migration Agents Regulations 1998 (the Migration Agents Regulations) to exempt lawyers who hold practising certificates from continuing professional development (CPD) requirements for migration agents when applying for repeat registration as a migration agent.
In particular, the Regulations amend the Migration Agents Regulations to insert new regulation 6A. This new regulation ensures that registered migration agents who are also lawyers with legal practising certificates are not required to complete migration agent as well as legal CPD requirements.
No consultation was considered necessary as the Regulations are considered to be machinery in nature. This accords with subsection 17(1) of the Legislation Act 2003 (the Legislation Act) which envisages consultations where necessary and reasonably practicable.
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The Migration Amendment (Temporary Sponsored Parent Visa and Other Measures) Regulations 2019 (the Regulations) amend the Migration Regulations 1994 (the Migration Regulations) to:
- establish a new family sponsorship framework, as provided for by the Migration Amendment (Family Violence and Other Measures) Act 2018, and create a new class of family sponsor called a 'parent sponsor'
- create a new Subclass 870 (Sponsored Parent (Temporary)) visa (a Temporary Sponsored Parent visa) for the parents of Australian citizens, Australian permanent residents and eligible New Zealand citizens;
- create a new defined term, 'outstanding public health debt', which relates to debts for medical and aged care expenses, which have been appropriately notified to the Department of Home Affairs:
o the parent sponsor, their spouse or de facto partner, and their sponsored parent(s) must not have an outstanding public health debt, or they must have made appropriate arrangements to pay any such debt; and
- clarify requirements for certain temporary visa holders to maintain adequate health insurance in Australia.
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