The Migration (Designated Migration Law—Visa Condition 8208) Determination (LIN 24/009) 2024 is a legal instrument established under the Migration Act 1958, specifically paragraph 495A(3)(b). It is set to take effect on either 1 April 2024 or the day following its registration on the Federal Register of Legislation, whichever comes later. This document is recognised as a legislative instrument in accordance with the Legislation Act 2003.
Its main purpose is to facilitate the use of computer programs under the ministerial control for decisions, exercises of power, or compliance with obligations under the designated migration law, as defined in subsection 495A(3) of the Migration Act. Specifically, it designates visa condition 8208 from the Migration Regulations 1994 as part of this law, which relates to the management of student visas, particularly for postgraduate research in critical technology areas.
This condition was introduced as part of legislative amendments in 2022 to prevent the unwanted transfer of critical technologies abroad. It mandates that student visa holders seeking to undertake research in critical technology fields must obtain ministerial approval. This instrument allows for computerised decision-making regarding such studies under visa condition 8208.
The establishment of visa condition 8208 and its incorporation into designated migration law followed comprehensive consultations within the government, including various departments and agencies, and with external stakeholders such as the higher education sector and industry representatives. This process informed the development of a regulatory framework to protect Australia's critical technologies.
The instrument details its name, commencement date, legal foundation, definitions, and the specification of visa condition 8208 as part of the designated migration law. It also notes that due to its nature, it is exempt from parliamentary disallowance and does not require a Statement of Compatibility with Human Rights.
Overall, this determination supports the implementation of a framework aimed at safeguarding critical technologies through the regulation of postgraduate research by international students, ensuring that such activities align with national interests.
Source: LIN24009.pdf and LIN24009-Explanatory-Statement.pdf
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