So, this week the clock ticked over into the second half of 2024. And, with this chime of the half year clock, the migration year ends and a new one begins. What does this mean for would-be migrants and active business sponsors?
Here is a summary for all interested parties about what the new migration year brings:
- Increased visa application, citizenship application and Court fees.
- Temporary Graduate Visa (Subclass 485) streams have changed names to Post-Vocational Education stream and Post-Higher Education stream.
- Temporary Graduate Visa and Visitor Visa holders are not able to apply for a Student Visa from inside Australia any longer, preventing visa hopping.
- Citizens of the Philippines are now apply to apply for a Work and Holiday Visa (Subclass 462) however there are limited places available for this.
- UK passport holders may now be granted up to 3 Working Holiday (Subclass 417) visas without having to meet specified work (ie. no more picking fruit for you!).
- TSMIT increased to $73,150AUD.
- Visa conditions relating to finding a new sponsor have been updated to allow individuals to work in Australia between sponsors. The monitoring of this will be interesting once people start to use this relaxed condition.
- New legislation is now effective that protects exploitation of migrant workers, seeking to improve employer compliance. This change also includes updated infringement parameters.
- Changes relating to the language of family violence in partner relationship is now in effect. The new provisions indicate that family violence is unacceptable in any form and update language to suffered family violence compared experienced to be more understanding.
Direction No 110 is the new legislated direction by the Minister for Immigration, Citizenship and Multicultural Affairs of Australia regarding the character and conduct of individuals apply for an Australian visa. This direction provides the basis of decision making for case officers, and submissions for solicitors relating to the past, present and future conduct of an individual and their likely risk to the Australian community.
We are currently in the midst of preparing a detailed article on this new direction however a few quick insights here:
- On 8 November 2023, the High Court determined (NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs (2023) 97 ALJR 1005) that it was unlawful to indefinitely detain people in immigration detention.
- Soon after this decision 149 detainees were released into the community, most being granted a Bridging Visa R (Bridging visa, pending removal) with extraordinary conditions attached to them. 113 of these individuals were required to wear an ankle monitoring device.
- On 7 December 2023 the Migration and Other Legislation Amendment (Bridging Visas, Serious Offenders and Other Measures) Act 2023 came into effect – Parliament’s response to NZYQ. This new piece of legislation (created and passed in 29 days), introduces a new community safety order applicable to only those released from indefinite detention (days earlier).
- In May 2024, the High Court found (ASF17 v Commonwealth of Australia [2024] HCA) that it was lawful to indefinitely detain people that ‘did not cooperate’ with removal procedures.
- On 7 June 2024, Minister Andrew Giles released Direction No.110 which revoked Direction No.99. These directions serve as a guide to addressing the character of any individual that applies for a visa in Australia.
- On 30 April 2024, there were 879 people in immigration detention facilities throughout Australia. Of those, 87.5% have a criminal history however it is undetermined if these people have already served the penalty sentenced pursuant to the criminal justice system in Australia, or another country.
We are yet to form an opinion on this very controversial topic but know that we have at least two clients that these new provisions will effect. Stay tuned for our full analysis later this month on how the abovementioned High Court cases are directly influencing the media, causing reactive legislative changes in response.
That's it for this week. Please like, comment, share - we appreciate you!
