Australian Immigration Daily News

The Migration Amendment (Australia Tuvalu Falepili Union Treaty Visa) Regulations 2025 (the Regulations) amends the Migration Regulations 1994 to implement Australia's commitment under the Australia-Tuvalu Falepili Union Treaty, which was signed on 9 November 2023 and entered into force on 28 August 2024. The treaty establishes a partnership between Australia and Tuvalu to enhance cooperation and create a special human mobility pathway for eligible Tuvaluan citizens to live, work, and study in Australia.

The Regulations introduce a new Treaty stream within the Subclass 192 (Pacific Engagement) visa, in addition to the existing Pacific Engagement stream. The key provisions of the Regulations include:

• Ballot-Based Selection: Primary applicants for the Treaty stream must be selected through a random ballot system, ensuring fairness and managing the annual visa allocation (initially set at 280 places per year).
• Eligibility Criteria:
  • Applicants must be at least 18 years old, with no upper age limit.
  • They must be a Tuvaluan citizen by birth or have a parent or grandparent born in Tuvalu.
  • They cannot have obtained Tuvaluan citizenship through investment.
  • They must not be a citizen of New Zealand.
• Health Criteria: The Treaty stream applies specific health requirements, restricting visas where applicants have a communicable disease or condition, rather than imposing standard health criteria.
• Family Inclusion: Partners and dependent children of primary applicants are eligible for the visa as secondary applicants.
• Visa Conditions: Successful applicants under the Treaty stream receive a permanent Subclass 192 (Pacific Engagement) visa, allowing indefinite travel and residence in Australia.

The amendment aligns with Australia’s broader migration policies by maintaining regulatory flexibility under the Migration Act 1958 while ensuring compliance with international agreements. It also includes a Statement of Compatibility with Human Rights, affirming that the Regulations are consistent with Australia’s human rights obligations.

The Administrative Review Tribunal (Consequential and Transitional Provisions No. 1) Amendment Rules 2025 have been introduced to repeal Section 13 of the 2024 Transitional Rules.

Key Changes:

• Previously, individuals in immigration detention had seven working days to apply for a review of migration or protection decisions under Section 347(3)(a) of the Migration Act 1958.
• Under the Administrative Review Tribunal (Miscellaneous Measures) Act 2025, this timeframe has been extended to 14 days from the date of notification.
• As a result, Section 13 of the Transitional Rules has been repealed, as it is no longer required.

Implications:

• The extended timeframe provides additional opportunity for affected individuals to apply for a review.
• This ensures greater consistency in the review process following the transition from the Administrative Appeals Tribunal to the ART.
• The change is expected to enhance procedural fairness while maintaining efficiency in migration and protection visa reviews.

The Administrative Review Tribunal commenced operations on 14 October 2024, and this amendment reflects the continued refinement of Australia’s migration review system.

The Attorney-General’s Department and the Department of Home Affairs have been consulted on this amendment, confirming that it will have minimal regulatory impact.

The Department of Home Affairs has introduced Ministerial Direction No. 111 (MD111), which came into effect on 19 December 2024, replacing Ministerial Direction No. 107 (MD107). This updated direction aims to enhance fairness, sustainability, and integrity within Australia’s international education sector while streamlining visa processing to ensure equity and efficiency.

Key Highlights:

1. Revocation of MD107: MD107, which was found to disproportionately impact certain education providers, has been revoked. MD111 replaces it with a more balanced framework.

2. Scope of MD111:

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Important Updates to the Temporary Graduate Visa (Subclass 485)

The Migration Amendment (Graduate Visas No. 2) Instrument (LIN 24/086) 2024 introduces significant refinements to the Temporary Graduate Visa (Subclass 485), particularly in the Post-Higher Education Work (PHEW) stream. These amendments aim to streamline academic requirements and enhance the pathway for skilled graduates to contribute to Australia’s workforce.

Key Updates:

The Migration Amendment (Relevant Assessing Authorities and Other Matters) Instrument 2024 introduces several updates to Australia’s skilled migration framework. The key changes include amendments to legislative instruments governing skills assessments, occupation specifications, and caveats under skilled visa programs. This instrument simplifies regulatory references, removes caveats limiting occupations based on international trade obligations for 10 roles, and clarifies assessing authority responsibilities.

For example, caveat 14, which restricted some occupations to nationals from countries with trade agreements, was removed from roles such as Chief Information Officer and Chef, making these roles accessible to applicants of all nationalities. Conversely, caveat 14 continues to apply to roles like Traditional Chinese Medicine Practitioner and Other Sports Coach or Instructor due to specific labour market concerns.

The instrument also aligns occupation lists and assessing authorities with the Migration Amendment (Skills Assessing Authorities) Regulations 2024. This ensures that assessment processes remain transparent and consistent, supporting Australia’s labour market needs.