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Australian Immigration Daily News

Breaking Australian immigration news brought to you by Migration Alliance and associated bloggers. Please email help@migrationalliance.com.au

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The Australian Government has introduced a legislative instrument, LIN 25/019, under the Migration Regulations 1994 to waive the Visa Application Charge (VAC) for certain applicants applying for a Subclass 600 (Visitor) visa in connection with the Brisbane 2032 Olympic and Paralympic Games.

Under this instrument, individuals who are invited by the Brisbane 2032 Olympic and Paralympic Games Organising Committee to attend meetings or participate in activities related to the Games will be eligible for a nil VAC when applying for a Subclass 600 visa under the Tourist or Business Visitor stream. This waiver aligns with Australia’s commitment to the International Olympic Committee (IOC) to facilitate the Games' successful organisation.

Key Points:

  • The instrument commences immediately upon registration and is classified as a legislative instrument.
  • Only official invitees of the Brisbane 2032 Olympic and Paralympic Games Organising Committee are eligible.
  • The waiver applies exclusively to the Tourist and Business Visitor streams of the Subclass 600 visa.
  • Other applicants for the Subclass 600 visa who do not fall within this class must pay the standard VAC as prescribed in the Migration Regulations.
  • Consultations with relevant government agencies, including Australian Border Force, Australian Federal Police, and the International Olympic Committee, raised no objections to this visa concession.
  • The instrument is exempt from parliamentary disallowance under Australian legislation.

This measure supports the Australian Government’s pledge to the IOC and ensures that key stakeholders can travel to Australia to participate in the preparations and execution of the Brisbane 2032 Olympic and Paralympic Games.

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The Migration (Class of Persons for Nil VAC for Subclass 600 (Visitor) Visa Applications—Pacific Australia Card Holders) Specification 2025 (LIN 25/007) was issued under subparagraph 1236(2)(a)(iv) of Schedule 1 to the Migration Regulations 1994. The instrument, which commences on 22 March 2025, specifies that holders of a valid Pacific Australia Card (PAC) who apply for a Subclass 600 (Visitor) visa in either the Tourist stream or Business Visitor stream while outside Australia will have a nil first instalment of the Visa Application Charge (VAC).

Purpose and Implementation

  • The PAC is issued by the Australian Government (Department of Foreign Affairs and Trade) to key leaders from Pacific Island Forum countries and territories, excluding New Zealand.
  • The initiative aligns with Australia's migration strategy, aiming to strengthen people-to-people ties in the Indo-Pacific and facilitate travel for Pacific leaders.
  • PAC holders applying for a Subclass 600 (Visitor) visa outside Australia will be exempt from paying the standard VAC ($195) unless applying in the course of representing a foreign government.

Consultation and Regulatory Compliance

  • Whole-of-government consultation was undertaken, including the Department of Foreign Affairs and Trade, Department of the Prime Minister and Cabinet, Department of Finance, and Department of Treasury.
  • The instrument supports the Government’s Migration Strategy (December 2023), which emphasizes deeper regional connections.
  • The Office of Impact Analysis (OIA) determined that a detailed regulatory impact analysis was not required.
  • The instrument is exempt from disallowance under section 42 of the Legislation Act 2003, as per section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015.

Key Provisions

  • Eligibility Criteria (Section 5): To qualify for the nil VAC, the applicant must:
    1. Hold a valid Pacific Australia Card.
    2. Apply for a Subclass 600 (Visitor) visa in the Tourist stream or Business Visitor stream.
    3. Be outside Australia at the time of application.
  • Applicants who do not meet these conditions must pay the relevant VAC under subitem 1236(2) of Schedule 1 to the Migration Regulations 1994.

This initiative underscores the Australian Government's commitment to regional engagement and economic cooperation, promoting seamless travel arrangements for key Pacific stakeholders.

Source: Migration-Class-of-persons-for-NIL-VAC-for-sc600-visitor-visa-applications---pacific-Australia-Card-holders-Specification-2025.pdf 

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The Australian Government has established the visa caps for Contributory Parent, Parent, and Other Family visas for the 2024-2025 financial year under the Migration (Granting of Contributory Parent Visas, Parent Visas, and Other Family Visas) Instrument 2025 (LIN 25/018). The allocations are as follows:

  • 6,800 Contributory Parent visas, including 112 Subclass 143 visas under the Retiree Pathway
  • 1,700 Parent visas, including 13 Subclass 103 visas under the Retiree Pathway
  • 500 Other Family visas

These limits are set under section 85(1)(b) of the Migration Act 1958 to manage demand, which significantly exceeds available places. The Government has used an annual capping process since 2011 to ensure equitable and efficient processing of applications.

Applications that exceed the allocated cap for this financial year will be carried over to the next program year. Migration professionals should plan accordingly to manage client expectations regarding processing timelines and availability.

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The Migration Amendment (Substituted Subclass 600 Visa Exemptions) Regulations 2025 introduces changes to the Migration Regulations 1994, specifically impacting applicants for the Aged Parent (Subclass 804), Contributory Aged Parent (Subclass 864), and Contributory Aged Parent (Subclass 884) visas.

Key Amendments:

  1. Eligibility for Aged Parent Visas:

    • Applicants must either:
      • Be an aged parent (as defined in regulation 1.03 of the Migration Regulations), or
      • Hold a substituted Subclass 600 (Visitor) visa at the time of application.
    • This exemption ensures that individuals who have been granted a substituted Subclass 600 visa under ministerial intervention (sections 351, 501J, or repealed section 417 of the Migration Act 1958) can apply for an Aged Parent visa without needing to meet the “aged parent” requirement.
  2. Retrospective Application:

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New Treaty Stream Visa for Tuvalu Citizens – What You Need to Know

The Migration (Subclass 192 Pacific Engagement Visa Pre-application Process – Treaty Stream) Determination 2025 introduces a new migration pathway for Tuvaluan citizens, strengthening Australia’s regional partnerships. This initiative is part of the Australia-Tuvalu Falepili Union Treaty, providing Tuvaluans with a special mobility pathway to live, work, and study in Australia.

Key Highlights:

Ballot System – A random selection process will determine who is eligible to apply.
280 Visa Places – Separate from the Pacific Engagement Visa’s 3,000 places.
Eligibility – Open to Tuvalu citizens with strong ancestral ties to Tuvalu.
No Work or Study Restrictions – Successful applicants can choose how much time they spend in Australia.
Indefinite Travel Facility – Allows free movement between Tuvalu and Australia.

This initiative reflects Australia’s commitment to supporting Tuvalu’s long-term sustainability while offering an equitable, fair, and structured migration program. The Department of Home Affairs continues to play a critical role in ensuring the integrity and fairness of the process.

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