Australian Immigration Daily News

The Migration Agent Activity Report for January to June 2024 provides a comprehensive overview of the activities of registered migration agents (RMAs) in Australia, including registration data, complaint handling, and sanctions.

Key Points:

1. OMARA’s Role: The Office of the Migration Agents Registration Authority (OMARA) regulates migration agents under the Migration Act 1958 and the Migration Agents Regulations 1998. OMARA's responsibilities include registration, monitoring conduct, investigating complaints, and taking disciplinary actions.

2. Operational Improvements: OMARA has enhanced its regulatory processes, including a risk-based framework for handling complaints, the establishment of a Risk Register, and developing a strategic communications plan. Future improvements include background checks and increased penalties for RMA misconduct.

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The Settlement Council of Australia's report on housing affordability challenges the notion that migrants are to blame for rising housing costs. While migration contributes to population growth and housing demand, the root causes of Australia's housing crisis are far more complex.

Key factors include housing supply constraints, with new housing construction failing to meet demand, slow approval processes, and zoning restrictions limiting land availability in high-demand areas. Additionally, interest rates, tax policies (such as negative gearing and capital gains tax discounts), and changing demographics including shrinking household sizes and increased investor activity have played a significant role in driving up prices.

While migration does impact housing demand, research shows that cutting migration would come at a significant economic cost, reducing government revenue and weakening the workforce. Skilled migrants contribute more in taxes than they receive in services, with each permanent skilled migrant estimated to generate a $249,000 fiscal benefit over their lifetime. Reducing migration by 135,000 over four years could lead to a $34 billion loss in tax revenue. Moreover, newly arrived migrants often struggle the most with housing affordability, as they lack the intergenerational wealth of long-term residents.

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.

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 

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.