Australian Immigration Daily News

Purpose

Subsection 26(1) of the Act requires a person to make a pledge of commitment to become an Australian citizen, unless they are a person to whom paragraphs 26(1)(a), (b) or (c) of the Act apply. Section 27 of the Act sets out how the pledge of commitment is to be made, and subsection 27(3) provides that the pledge of commitment must be made before a person mentioned in that provision.

Paragraph 27(3)(c) provides that a pledge of commitment may be made before a person who is included in a class of persons authorised under subsection 27(5) of the Act. Subsection 27(5) of the Act provides that the Minister may, by legislative instrument, authorise a class of persons for the purposes of paragraph 27(3)(c).

Source:  LIN22074.pdf and LIN22074-Explanatory-Statement.pdf

Introduction

Australia is entering a period of considerable change and uncertainty. This includes economic, demographic and social challenges associated with an ageing population, slowing population growth, and waning productivity. Australian business and industries across the economy are grappling with critical skills shortages, and our economy would benefit from greater diversity and innovation. These are issues mirrored across countries in the Organisation for Economic Co-operation and Development (OECD).

Australia’s migration system has the potential to help address these challenges . Complementing employment, education, and training opportunities for the existing Australian labour force, migration can support a national transition to a more diverse economy, enhancing our sovereign capabilities and driving innovation and productivity.

To do so, we need a new strategic approach that reflects our longer term interests and core values. This will shape a simpler migration system that has broad public confidence, enhances our international engagement and competitiveness and unlocks the potential of migrants to effectively contribute to Australia both economically and socially.

Source: A-migration-system-for-Australias-future---terms-of-reference.pdf

Attorney-General Mark Dreyfus has just announced that the Albanese Government is abolishing the Administrative Appeals Tribunal, which he says “once commanded universal respect”, citing “a disgraceful exhibition of cronyism” by the former government in appointments made over the last decade.

Read more here>

Overview of the Disallowable Legislative Instrument

The Disallowable Legislative Instrument amends the Australian Citizenship Regulation 2016 (the Citizenship Regulation) to remove a duplicated requirement to provide English language translations as part of citizenship applications.

The citizenship application form, which must be completed in order to make an application under section 46 of the Australian Citizenship Act 2007, requires an applicant to provide an official English translation of any documents provided that are not in English. Section 14 of the Citizenship Regulation also provides this requirement. The Disallowable Legislative Instrument repeals section 14 to remove this duplication, removing any confusion and streamlining processing. There is no adverse or practical impact on applicants or applications.

Source: Australian-citizenship-amendment-Translation-Requirements-for-Applications-Regs-2022.pdf and

Australian-Citizenship-Amendment-Translation-Requirements-for-Applications-Regs-2022-Explanatory-Statement.pdf

The instrument, Departmental reference LIN 22/103, is made under subsection 5(2) of the Australian Citizenship Act 2007 (the Act).

The instrument repeals Australian Citizenship (Permanent Resident Status) Determination (IMMI 17/108) in accordance with subsection 33(3) of the Acts Interpretation Act 1901, which provides that a power to make a legislative instrument includes a power to amend or repeal that instrument in the same manner, and subject to the same conditions, as the power to make the instrument.

The instrument commences on 1 January 2023, and is a legislative instrument for the Legislation Act 2003 (the Legislation Act).

Source: LIN22013-2022.pdf and LIN22013-2022-Explanatory-Statement.pdf