Immigration News
Fee Increases for Administrative Appeals Tribunal (AAT) Merits Decision Review
There will be fee increases for the Federal Courts and Tribunals. The new fees for the Administrative Appeals Tribunal and the Federal Circuit Court will affect applications for reviews and migration decisions, with notable increases for both full and reduced fee categories.
From 1 July 2024, the application fees for merits review by the AAT will be:
- For a review of a review of a migration decision under Part 5 of the Migration Act 1958- $3496, up from $3374
- In cases where a 50% fee reduction is granted, the reduced fee will be $1,748.
- For review of a protection visa decision under Part 7 of the Migration Act 1958 – $2151, up from $2076 (generally, this fee is payable only if the application is not successful)
From 1 July 2024, the filing fees for an application with the Federal Circuit Court for a migration decision will be:
- full fee – $3920, up from $3785
- If a registrar or an authorised officer has determined that a reduced fee may be paid under s 2.06A – $1960, up from $1890
For detailed information, please refer to the Government Gazette, the Administrative Appeals Tribunal (AAT) website, and the Federal Circuit and Family Court of Australia website.
Restricting Visa Hopping in the Student Visa Program
Effective 1 July 2024, new reforms will prevent certain visa holders from applying for a Student visa while onshore. This expansion of legislative Instrument LIN16/016 aims to uphold the integrity of the international education system by ensuring Student visas are granted only to genuine applicants.
Specifically, these are visa subclasses:
- Subclass 485 (Temporary Graduate)
- Subclass 600 (Visitor)
- Subclass 601 (Electronic Travel Authority)
- Subclass 602 (Medical Treatment)
- Subclass 651 (eVisitor)
- Subclass 988 (Maritime Crew)
- Subclass 403 (Temporary Work) International Relations)) – Domestic Worker (Diplomatic or Consular) stream
- Subclass 426 (Domestic Worker (Temporary) – Diplomatic or Consular)
- Subclass 771 (Transit)
- Subclass 995 (Diplomatic Temporary) – primary visa holders only
Visa applicants lodging from offshore will not be granted a Bridging visa. They must remain outside Australia until their visa decision is made unless they hold another visa permitting travel to and stay in Australia for their intended purpose.
If you are a Temporary Graduate, Visitor, or other affected visa holder, it is important that you plan your next steps carefully to avoid complications.
Changes to 457/482/494 Visa Conditions 8107, 8607, and 8608
Commencing from 1 July 2024, there will be significant changes to visa conditions 8107, 8607, and 8608. These updates aim to tackle worker exploitation and enhance productivity, as outlined in the Migration Strategy.
Temporary Work (Skilled) (Subclass 457), Temporary Skill Shortage (Subclass 482), and Skilled Employer Sponsored Regional (provisional) (Subclass 494) visa holders will have more time to find a new sponsor, apply for a different visa, or arrange to depart Australia if they cease working for their sponsoring employer.
If you stop working with your sponsoring employer, you will have:
- Up to 180 days at a time.
- A maximum of 365 days in total across the entire visa grant period to find a new sponsor, apply for a different visa, or arrange to leave Australia.
During the allowed period, you can work for other employers, including in occupations not listed in your most recently approved sponsorship nomination. This ensures you can support yourself while looking for a new sponsor.
It’s important to understand how these changes affect your specific visa conditions and plan accordingly.
State and Territory Visa Nominations for May 2024
The Department has updated its website with the number of nominations for the Skilled Nominated visa (subclass 190) and Skilled Work Regional (Provisional) visa (subclass 491) made by State and Territory governments between 30 April and 31 May 2024. The figures are as follows:
- Subclass 190: ACT (45), NSW (413), NT (1), QLD (118), SA (98), TAS (44), VIC (52), WA (13).
- Subclass 491: ACT (61), NSW (93), NT (6), QLD (17), SA (187), TAS (136), VIC (44), WA (2).
End of Free Translating Service Eligibility for Student Visa Holders
From 1 July 2024, students entering Australia on a student visa (subclass 500) will no longer be eligible for the Free Translating Service (FTS). This change, part of the Budget 2024-25, aligns with the FTS’s focus on supporting individuals settling permanently in Australia.
Closure of Provisional Business Innovation and Investment (Subclass 188) Visa from July 2024
Starting July 2024, the Provisional Business Innovation and Investment (Subclass 188) visa will no longer accept new applications, as announced in the budget and migration strategy.
Current Subclass 188 applications will be processed according to Government priorities and Migration Program planning levels, with tightened policy guidance to ensure business migrants bring economic benefits to Australia.
Holders of Subclass 188 visas who meet the criteria for the Permanent Business Innovation and Investment (Subclass 888) visa can continue this pathway. Those in the Business Innovation or Significant Investor streams can apply for visa extensions to meet Subclass 888 requirements.
Refunds for withdrawn applications will be available from September 2024, with further details to be provided by the Department.
Changes to Temporary Graduate (subclass 485) Visas Effective 1 July 2024
The Migration Amendment (Graduate Visas) Regulations 2024 introduces significant changes to the Temporary Graduate (Subclass 485) visa and closes the Skilled Recognised Graduate (Subclass 476) visa from 1 July 2024. Here’s what you need to know:
Changes to Temporary Graduate (Subclass 485) Visa:
Stream Renaming and Criteria:
- Post-Vocational Education Work Stream: Formerly Graduate Work stream, applicants must now hold an ‘associate degree’, ‘diploma’, or ‘trade qualification’ related to their nominated occupation.
- Post-Higher Education Work Stream: Formerly Post-Study Work stream, available to applicants with a degree or higher qualification
Age Limitation:
- Maximum age for applicants in the Post Vocational Education and Post-Higher Education Work streams reduced to 35 years at the time of application, with exceptions for specific passport holders and Master (by research)/PhD graduates under 50 years.
Stream Limitations:
- Applicants can now hold only one visa in the Post-Vocational Education or Post-Higher Education Work streams.
Closure of Streams:
- Closure of the Replacement stream for all applicants.
Transitional Pathways:
- Existing visa holders may apply for subsequent visas in the Post-Higher Education Work stream based on study and residence in regional areas.
Mandatory Hepatitis B Testing for Certain High-Risk Jurisdictions
Migration (Required Medical Assessment) Amendment Instrument (LIN 24/032) 2024 mandates hepatitis B testing for certain visa applicants from high-risk jurisdictions starting 1 July 2024. Countries/jurisdictions not listed in Schedule 5 are considered high hepatitis B risk under this new instrument.
Skilled Migrant Job Connect Subsidy Program in WA
The Skilled Migrant Job Connect Subsidy program is now available through the Migration WA Portal, offering up to $7,500 in reimbursements for skills assessments, gap training, and occupational licensing to help onshore migrants gain employment in WA.
Find out more about this program here.
UK Passport Holders Subclass 417 Specified Work Exemption
The Migration (Specified Subclass 417 Work Exemption) Instrument (LIN 24/039) allows eligible second and third Working Holiday (Subclass 417) visa applicants holding United Kingdom passports as British Citizens or British Nationals (overseas) to participate in the Working Holiday Maker program without fulfilling the ‘specified Subclass 417 work’ requirements. This exemption takes effect on 1 July 2024.
This means that UK passport holders may be eligible for up to 3 WHVs without meeting any specified work requirements.
Working Holiday Visas to be Available to Philippines Passport Holders from 1 July 2024
Starting from 1 July 2024, the Migration (Arrangements for Work and Holiday (Subclass 462) Visa Applications) Amendment (The Philippines) Instrument (LIN 24/041) 2024 introduces important changes for prospective clients. This amendment updates LIN 21/019 to:
- Include the Philippines as a designated country under paragraph 1224A(3)(a) of Schedule 1 to the Migration Regulations.
- Specify the educational qualifications required for Subclass 462 visa applicants from the Philippines under paragraph 462.221(c) of Schedule 2 to the Migration Regulations.
These changes mean that individuals holding a valid passport issued by the Republic of the Philippines are now eligible to apply for a Work and Holiday (Subclass 462) visa. This amendment provides an excellent opportunity for Philippine nationals to live, work, and holiday in Australia, opening doors to new experiences and cultural exchanges.
Legacy 457 Worker Age Exemption Ending after 30 June 2024
The legacy 457 worker age exemption for the Employer Nomination Scheme (Subclass 186) visa is available to applicants who meet all of the following criteria:
- Held a Subclass 457 visa on or after 18 April 2017.
- Were in Australia for at least 12 months between 1 February 2020 and 14 December 2021.
- Applied for a Subclass 186 visa on or before 30 June 2024.
Please note that this age exemption is only applicable to Subclass 186 visa applications lodged on or before 30 June 2024. After this date, the age exemption will no longer be available.
Introduction of new Ministerial Direction 110 (Visa Refusal and Cancellation)
Ministerial Direction 110, effective from 7 June 2024, introduces new guidelines for visa refusal, cancellation under section 501, and revocation of mandatory cancellations under section 501CA. Here’s what you need to know:
Key Changes and Amendments:
Primary Consideration:
- The safety of the Australian community is now the paramount factor for decision-makers when assessing visa refusal, cancellation, or revocation.
- This replaces Ministerial Direction 99, which is revoked as of 21 June 2024.
Specific Changes in MD 110:
- New Item (2): Emphasises the safety of the Australian community as the highest priority.
- Item (5) amended: Adjusted to remove previous considerations related to tolerance based on time spent in Australia.
- Item (6) amended: Removes previous considerations regarding conduct like family violence.
- New Item (8): Highlights that serious conduct, such as family violence, may justify visa cancellation even without a measurable risk of physical harm.
Decision-Making Process:
- Protection of the Australian Community (Item 8.1): Decision-makers prioritise community safety, expecting non-citizens to be law-abiding and respectful of Australian institutions.
- Nature and Seriousness of Conduct (Item 8.1.1): Considers the impact of offenses on victims and their families, ensuring procedural fairness.
- Ties to Australia (Item 8.3): Evaluates the duration and strength of the non-citizen’s connections within the Australian community, including family and social links.
Other Considerations:
- Impact on Victims: Direct considerations on the impact of offenses on victims have been removed from the directive.
Ministerial Direction 110, introduced by Minister Andrew Giles, aims to address criticisms of Direction 99, which allowed individuals with serious criminal records to avoid deportation based on their long-term ties to Australia.
The new direction prioritises community safety in visa appeal decisions, aiming to rectify past issues. However, it has sparked debate: some view it as crucial for public safety, while others fear it could lead to overly harsh outcomes. Concerns also center around fairness and operational challenges in swiftly implementing these changes. Thus, while addressing past flaws, Direction 110 introduces new complexities regarding fairness and the balance between public safety and a just immigration system.
Increase in TSMIT for Employer Sponsored Visas
As part of the Government’s commitment outlined during the Jobs and Skills Summit in 2022 and in alignment with the Migration Strategy, the Department has announced that the TSMIT will increase from $70,000 to $73,150 starting from 1 July 2024.
From 1 July 2024 onwards, new nomination applications must meet the new TSMIT or the annual market salary rate, whichever is higher. It’s important to note that if the market salary rate is lower than TSMIT, applications for that position cannot be lodged.
This change will not impact existing visa holders or nominations submitted before 1 July 2024.
Changes to the migration program can occur without notice. The above information is not intended to be legal advice and is correct as of the date of writing this article.
Contact Migrations Affairs to speak with our immigration experts for tailored advice on the circumstances and eligibility.
