MIA Notice 45 -7 November 2022

Legislative Updates

This is a summary of these Legislative Instruments and Explanatory Statements, members should review these documents in full before advising clients and lodging applications.

Legend Stack update – 30 October 2022

In addition to the new s499 Direction No 100 – Order of Consideration – Certain Skilled Visas, the following sections of the Procedural Instructions have been also amended.

Character and security documents

• Section 501: The character test, visa refusal and visa cancellation

Visa cancellation instructions

• ​General visa cancellation powers (s109, s116, s128, s134B and​s140)​

Detention Health

• ​Provision of Pharmaceuticals​

Migration Regulations – Divisions

• ​Permanent Employer Sponsored Entry – Employer Nominations – Regulation 5.19

Migration Regulations – Schedules

• Permanent Employer Sponsored Entry – ENS and RSMS Visa Appli​cations – Subclasses 186/187
• Condition 8570 – Res​tricted travel​

Refugee and Humanitarian documents

• ​The Protection Visa Processing Guidel​ines

Deletions​

• Sch1 item 1214BA – New Zealand Citizen (Family Relationship) (Temporary) (Class UP) – information redundant.
• Sch2Visa851 – Resolution of Status – information outdated so removed. T​o be reintroduced after full review.

As the Department no longer provides detailed information on the changes within Legend, members are reminded to check for changes to legislation before advising clients.

Ministerial Direction 100 – Order Consideration – Certain Skilled Visas

The Department has supplied a Factsheet on the new Ministerial Direction 100 – Order of consideration – certain skilled visas.

The new Ministerial Direction is designed to allow the Department to process more skilled applications faster and respond quickly to labour market needs, speeding up processing for all occupations and makes the process less complicated.

Prioritizing offshore permanent and provisional skilled visa applications will also enable more workers to enter Australia and contribute to the economy and ease labour shortages.

Applications relating to occupations in regional Australia continue to have priority, helping to support agricultural and other regional workforce needs.

This direction removes the Priority Migration Skilled Occupation List (PMSOL) implemented in September 2020, which involved time-consuming and complex assessments.