This article explains how these changes will affect visa applicants.
The Migration Legislation Amendment (2017 Measures No. 4) Regulations 2017 F2017L01425 was disallowed on 5 December 2017.
Note that the changes may still apply to applications lodged between 18 November and 5 December 2017.
The main concern appears to be the changes to the 4020 Public Interest Criterion - it is quite possible the Government will seek to re-introduce the other initiatives in the instrument, and possibly a revised version of the changes to 4020. This article gives a good indication of the Government's intentions going forward.
The relevant legislation - the Migration Amendment (Family Violence and Other Measures) Bill 2016 - has not yet passed the Senate and has been referred to a Senate Committee for Consideration.
We will update readers when we have further information about this matter.
These changes are no longer in effect due to the disallowance of F2017L01425.
an application which has been refused in the last 3 years (or 5 years in some cases).
In other words, if false or misleading information is provided in a visa application, it could affect future applications for up to 10 years.
Previously, it was possible to withdraw a visa application if false or misleading information had been provided and this would not necessarily result in 4020 refusals for future applications. This will no longer work as 4020 will apply for any visa applications made within the last 10 years, whether the application is granted, refused or withdrawn.
One of the commonly encountered issues with 4020 is the failure to declare past criminal records when making a visa application. Generally, a declaration about previous offences is included in the visa application form. If this is not correctly completed, it can trigger 4020 issues. This would affect both the current application, and potentially any future applications for the next 10 years.
Australian Governments have expressed concern about health care costs which have been incurred by temporary visa holders in Australia but not repaid.
As a result, a new visa condition 8602 which requires applicants for temporary visas not to have an outstanding public health debt. This would apply to medical costs owing to either Australian state, territory or federal governments. If a temporary visa holder incurs a public health debt, this could result in cancellation of their current visa and also make it more difficult to obtain subsequent visas.
A definition of "Adequate arrangements for health insurance" has been added to the Migration Regulations. This allow the Minister to specify what kind of health insurance will meet visa requirements.
The intention of this change is to reduce the risk of identity fraud, and the example is provided of the Martin Place Siege perpetrator (Man Haron Monis). He used multiple identities when dealing with Australian Government Agencies.
Condition 8564 forbids the visa holder to engage in criminal activities in Australia. Previously it only applied to Bridging E visas. The condition will now apply to a wide range of temporary visas.
Condition 8303 has been broadened to prohibit activities which endanger or threaten individuals. Previously, it only applied to violent or disruptive activities affecting the Australian community more broadly.
As a result it will be easier for Immigration to cancel temporary visas of people engaging in criminal or other dangerous activities in Australia.
The changes to 4020 make it more important than ever to ensure that false or misleading information is not provided when making a visa application.
New health conditions apply to temporary visas - these could affect people needing medical treatment in Australia and so ensuring that you have suitable health insurance is very important.
If you would like assistance with a visa issue, please book a consultation with one of our advisors to get detailed advice.