Australian Immigration Daily News

Outline

The Migration Amendment (Clarifying International Obligations for Removal) Bill 2021 (the Bill) amends the Migration Act 1958 (the Migration Act) to:

- modify the effect of section 197C to ensure it does not require or authorise the removal of an unlawful non-citizen (UNC) who has been found to engage protection obligations through the protection visa process unless:

- the decision finding that the non-citizen engages protection obligations has been set aside;

- the Minister is satisfied that the non-citizen no longer engages protection obligations; or

- the non-citizen requests voluntary removal; and

- ensure that, in assessing a protection visa application, protection obligations are always assessed, including in circumstances where the applicant is ineligible for visa grant due to criminal conduct or risks to security.

Section 197C of the Migration Act provides that, for the purposes of section 198 (removal from Australia of unlawful non-citizens), it is irrelevant whether Australia has nonrefoulement obligations in respect of a UNC, and that person must be removed as soon as reasonably practicable.

Section 197C was introduced to deter the making of unmeritorious protection claims as a means to delay an applicant¡¦s departure from Australia. In these cases, the Minister or delegate had already found the person did not engage non-refoulement obligations. Section 197C was therefore not intended to operate to require the removal of a person who had been found to engage non-refoulement obligations.

 Source: Migration-Amendment---Clarifying-Bill-2021.pdf and 

Migration-Amendment---Clarifying-Bill-2021-explanatory-memo.pdf

Purpose

The purpose of the instrument is to update the specified assessing authorities in relation to the following occupations: chief executive or managing director, corporate general manager, engineering manager, childcare centre manager and podiatrist.

The instrument specifies matters relating to applications for a Subclass 186 (Employer Nomination Scheme) visa in the Direct Entry Stream (a Subclass 186 visa). Under subclause 186.234(1) of Schedule 2 to the Migration Regulations, at the time of application for a Subclass 186 visa, an applicant must:

- have been assessed by a specified assessing authority, that assessment must not be for a Subclass 485 (Temporary Graduate) visa and must not be more than 3 years old at the time of application, and the applicant has been employed in the occupation for at least 3 years (see subclause 186.234(2) of Schedule 2 to the Migration Regulations), or

- have been assessed by an assessing authority as having skills suitable for their occupation, with the assessing authority for each occupation specified by legislative instrument (with additional requirements also listed in subclause 186.234(2) of Schedule 2 to the Migration Regulations), or

- be in a class of persons specified by the Minister in a legislative instrument (see subclause 186.234(3)).

The purpose of the instrument is to update the specified assessing authorities for the occupations included in LIN 19/049, for paragraph 186.234(2)(a) of Schedule 2 to the Migration Regulations. The instrument updates the names of assessing authorities that have changed, and implements changes to assessing authorities for particular occupations.

 Source: LIN21009.pdf and LIN21009-Explanatory-Statement.pdf

Overview 

This instrument makes amendments to the Migration Regulations 1994 (the Migration Regulations) to assist applicants for certain parent visas who may be impacted by the COVID-19 pandemic.

The Migration Act 1958 (the Migration Act) is an Act relating to the entry into, and presence in, Australia of aliens, and the departure or deportation from Australia of aliens and certain other persons.

Subsection 504(1) of the Migration Act provides that the Governor-General may make regulations, not inconsistent with the Migration Act, prescribing matters required or permitted to be prescribed, or necessary or convenient to be prescribed, for carrying out or giving effect to the Migration Act.

Source: Migration-Amendment-Parent-Visas-Regulations-2021.pdf and Migration-Amendment-Parent-Visas-Regulations-2021-Explanatory-Memo.pdf

From today, migration lawyers will be able to offer services independently of the regulatory framework for migration agents, and all lawyers with unrestricted practising certificates will be freely able to provide immigration assistance in the course of legal practice.

The discontinuation of dual regulation is in accordance with multiple major recommendations spanning many years and has been a long-held advocacy position of the Law Council. The removal of expensive and inefficient regulation of migration lawyers will improve access to justice by reducing costs for lawyers and therefore their clients.

Source: LAW-COUNCIL-OF-AUSTRALIA-The-end-of-dual-regulation-for-migration-lawyers.pdf