Australian Immigration Daily News

Purpose

The purpose of the instrument is to update the eligibility for certain classes of applicants to make an application for Temporary Protection (Class XD) visa and Safe Haven Enterprise (Class XE) visa.

Source: LIN23013.pdf and LIN23013-Explanatory-Statement.pdf

Purpose

Subregulation 2.07(5) of the Migration Regulations provides that if an item of Schedule 1 prescribes criteria or requirements by reference to a legislative instrument made under subregulation 2.07(5), the Minister may, by legislative instrument, specify an approved form for making an application for a visa of a specified class; the way in which an application must be made; the place at which it must be made; and any other matter.

Paragraph 1127AA(3)(a) of Schedule 1 to the Regulations provides that an application for a Resolution of Status (Class CD) visa (RoS visa) must be made at the place and in the manner specified by the Minister in a legislative instrument made for that item under subregulation 2.07(5) of the Migration Regulations.

The instrument amends IMMI 18/089 to provide that an application for a RoS visa must be made by completing the relevant internet form or, upon written authorisation by an officer of the Department of Home Affairs, by posting the application to a specified address of the Department.

The instrument is intended to support the Government’s policy of transitioning certain persons who hold or have held a Subclass 785 (Temporary Protection) visa or a Subclass 790 (Safe Haven Enterprise) visa to a RoS visa. The instrument will enable those persons to apply for a RoS visa by directing their applications to a specified address of the Department of Home Affairs.

 Source: LIN23012.pdf and LIN23012-Explanatory-Statement.pdf

The purpose of the Amendment Regulations is to amend the Migration Regulations 1994 (the Migration Regulations) to facilitate the transition to permanent residence of persons who arrived in Australia before the commencement date (defined as the TPV/SHEV transition day) and who applied for or obtained temporary protection in Australia through a Subclass 785 (Temporary Protection) visa (TPV) or a Subclass 790 (Safe Haven Enterprise) visa (SHEV).

Source: TPV--SHEV-Regulations-2023.pdf and TPV-SHEV-Regulations-2023-Explanatory-Statement.pdf

Purpose

The instrument is made under subsection 198AB(1) of the Migration Act to designate the Republic of Nauru as a regional processing country. The purpose of the instrument is to enable the operation of section 198AD of the Migration Act in relation to the Republic of Nauru. Subsection 198AD(1) provides that, subject to sections 198AE, 198AF and 198AG, an officer must take an unauthorised maritime arrival to whom section 198AD applies from Australia to a regional processing country.

Subsection 198AB(2) of the Migration Act provides that the only condition for the exercise of the power under subsection 198AB(1) is that the Minister thinks that it is in the national interest to designate the country as a regional processing country.

Paragraph 198AB(3)(a) of the Migration Act provides that in considering the national interest, the Minister must have regard to whether or not the country has given Australia any assurances to the effect that the country will not expel or return a person taken to the country under subsection 198AD of the Migration Act to another country where the person’s life or freedom would be threatened on account of the person’s race, religion, nationality, membership of a particular social group, or political opinion; and that the country will make an assessment, or permit an assessment to be made, of whether or not a person taken to the country is covered by the definition of refugee in Article 1A of the 1951 Convention relating to the Status of Refugees as amended by the 1967 Protocol relating to the Status of Refugees.

Paragraph 198AB(3)(b) of the Migration Act provides that in considering the national interest, the Minister may have regard to any other matter which, in the opinion of the Minister, relates to the national interest.

Source: LIN23017.pdf and LIN23017-Explanatory-Statement.pdf and

REGULATIONS-AND-DETERMINATIONS---7-FEB-2023---NAURU.pdf

Overview of the Bill

This Bill will have the effect of:

- providing an offer of transfer to Australia from the Minister to all persons in the offshore cohort in Papua New Guinea or the Republic of Nauru at the commencement of this Act, who have not had an adverse security assessment made against them by the Australian Security Intelligence Organisation

- placing all transferred persons into community detention, and making any medical assessment and treatment they require available to them, while that person pursues a durable solution for their displacement with a third-country that is a state party to the United Nations f 1951 Convention Relating to the Status of Refugees or the 1967 Protocol relating to the Status of Refugees

 Source: Migration-Amendment-Evacuation-to-Safety-Bill-2023.pdf and

Migration-Amendment-Evacuation-to-Safety-Bill-2023---explanatory-memorandum.pdf