Financial Management and Accountability Amendment (2013 Measures No 1) Regulation 2013 [F2013L02089] -New and continuing matters [2014] AUSStaCSDLM 77 (14 May 2014)

• Migration Amendment (2014 Measures No. 1) Regulation 2014 [F2014L00286]

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Migration Amendment (2014 Measures No. 1) Regulation 2014 [F2014L00286]

Purpose	Amends the Migration Regulations 1994 requirements relating to public interest criterion 4020, English requirements for applicants of the Subclass 457 (Temporary Work (Skilled)) visa, requirements in Part 202 of Schedule 2 and provisions dealing with disclosure of information under regulation 5.34F
Last day to disallow	26 June 2014
Authorising legislation	Migration Act 1958
Department	Immigration and Border Protection

Issue:

Retrospective effect of instrument

Schedules 2 and 5 of this instrument add new criteria to the Subclass 202 and Subclass 457 visas, respectively. Under Schedule 6 of the instrument, the amendments made by the schedules apply to applications for the relevant visas made, but not finally determined, before the commencement of the instrument (22 March 2014), as well as applications made on or after that day. This means that otherwise valid applications not determined at 22 March 2014 are, by virtue of the new criteria, now invalid, giving the instrument an element of retrospectivity in its effect. The ES provides no justification for this apparent removal of the entitlement in relation to current applications for the visas in question.

Similarly, the amendments made by Schedules 1 and 3 make amendments in relation to Public Interest Criterion (PIC) 4020 and the application of PIC 4020, to introduce ‘a specific identity requirement’ in relation to the grant of certain visas. Again, the amendments made by the schedules apply to applications for the relevant visas made, but not finally determined, before the commencement of the instrument (22 March 2014), as well as applications made on or after that day. This means that otherwise valid applications not determined at 22 March 2014 are, by virtue of the new requirements, now invalid, giving the instrument an element of retrospectivity in its effect. Again, the ES provides no justification for this apparent removal of the entitlement in relation to current applications for the visas in question. The committee therefore seeks further information from the minister.