The Migration Act 1958 is a set of rules about who can come to, stay in, or leave Australia, especially non-citizens. It says the government can create more detailed rules (regulations) to follow the Act properly.
Now, the Migration Amendment (Resolution of Status Visa Additional Cohort) Regulations 2023 changes some of these detailed rules. It helps people affected by a court case called Love v Commonwealth; Thoms v Commonwealth. These changes allow certain non-citizens who are recognized differently under the law because they're Aboriginal or Torres Strait Islander to get a permanent visa (Subclass 851 - Resolution of Status). This visa also helps them access government support.
The court said that some people who aren't citizens or regular non-citizens can't be detained or removed from Australia under these rules. So, the new regulations create a way for these people to apply for a special visa if they've been offered permanent stay in Australia and meet certain conditions.
The rules for getting this visa are different for the Love-affected group compared to others. They don't need to meet some criteria like health checks because of their special legal status. This helps them stay in Australia permanently.
These changes in the regulations are made under the power given by the Migration Act, which allows the government to make detailed rules. This way, the government can update visa rules quickly and effectively.
The new regulations start working the day after they're officially recorded. They don't need to be reconsidered periodically like some other rules because they're constantly updated to fit with Australia's immigration plans.
The government has checked that these new rules don't go against human rights. They've also spoken to different government groups about these changes. Public consultation wasn't needed because the changes are helpful and don't harm anyone's rights or create problems.
In short, these new rules make it easier for certain non-citizens, recognized differently under the law, to get a permanent visa in Australia. They're made under the Migration Act to keep immigration rules up-to-date without needing constant review.
Source: Migration-Amendment-Resolution-of-Status-Visa-Additional-Cohort-Regulations-2023.pdf and