New merits review body to replace the Administrative Appeals Tribunal - what the changes mean to you

From 14 October 2024, the Administrative Appeals Tribunal (AAT) will be abolished and replaced with the Administrative Review Tribunal (ART). Legislation to abolish the AAT and replace it with the ART passed the Australian Parliament in May 2024. The transition marks a significant restructuring of the administrative review process in Australia. 

The key changes that are expected to take place as part of the transition include:

  1. Implementing a transparent and merit-based appointments process 
  2. Appointment of additional members to address existing backlogs 
  3. Implementing sustainable funding arrangements 
  4. Implementing a single and updated case management system to address risks 
  5. Introducing procedural efficiencies and process improvements 
  6. Implementing support services and emphasise early resolution where possible 

These reforms reflect a broader effort to modernize and improve the administrative review system in Australia, ensuring that it is more effective, efficient, and responsive to the needs of the public.

Visa Appeal Australia 1

Common questions and answers 

What happens to my appeal with the AAT?

If you have an ongoing appeal that you lodged with the AAT, you do not need to worry. All matters currently before the AAT will continue as usual and will automatically transition to the ART upon its commencement on 14 October 2024. This is to ensure continuity for applicants without requiring any additional actions from them.

Do I need to submit a new appeal application with the ART?

No, if you have an ongoing appeal with the AAT, you do not need to lodge a new application with the ART as your application will automatically transfer to the ART as part of the transition.

Is the AAT still operating until 14 October 2024?

Yes, the AAT will continue to consider applications until the commencement of the ART on 14 October 2024. Until the commencement, you can still lodge or manage applications and other documents through the AAT website.

Are all decisions made by the AAT still valid?  

Yes, if you have an AAT decision that has already been finalised by the AAT, it will not be considered again by the ART.

We will provide further updates in relation to the expected changes as they are announced by the Australian government.

If you have an appeal and are unsure about how the changes may affect you, please feel free to contact us

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Sources:

https://www.ag.gov.au/legal-system/new-system-federal-administrative-review

https://www.aat.gov.au/about-the-aat/transition-to-the-administrative-review-tribunal

 

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Employer-Sponsored 482 Visa Changes in 2024

There have been a lot of changes announced and made to the Temporary Skill Shortage visa (TSS Visa), subclass 482, over the last few months.

What is the 482 Employer-Sponsored Visa?

The TSS 482 visa is the most common long-duration temporary work visa for Australia.

You can apply for the TSS visa if you are sponsored by a company to work in Australia.

With the 482 visa, you can live and work in Australia for up to 2 years for occupations on the short-term list or 4 years for occupations on the medium-term list. You can potentially apply for permanent residency after 2 years (186 Visa).

You can find the 482 visa requirements here.

If you are looking to apply for a 482 visa, please contact us.

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Key Changes to the 482 Visa:

Only 1 year work experience required to get the 482 visa from November 2024

From 23 November 2024, the 482 visa will only require 1 year of full-time work experience, which is half of the current requirement of 2 years full-time. This change was announced in the 2024-25 Budget.

The employment will still need to be full-time and "in the nominated occupation or a related field". 

For some people who were looking at DAMA due to the lower skills requirements, this may now let them go for a medium-term stream or short-term stream 482 visa instead.

This is a good change, especially for those in Australia on graduate visas who are not able to complete 2-years of full-time experience in their occupation before they need a new visa to stay in Australia.

This is not about the number of years you need to spend on the 482 visa before you can apply for the 186 visa in the Temporary Residence Transition stream. I'll talk about that requirement in a minute.

New Skills in Demand visa program

As part of the Migration Strategy published 11 December 2023, the Government announced a new visa program: the Skills in Demand visa.

The Skills in Demand visa will replace the TSS 482 visa, which itself replaced the 457 visa, on 18 March 2018.

We do not know exactly when this new visa will be brought in, but the Strategy indicated that building "a targeted temporary skilled migration system" would be done by the end of 2024.

The program will have 3 distinct streams:

  • Specialist Skills for mostly white-collar workers earning more than $135,000
  • Core Skills for skills that are in high demand earning at least $73,150
  • Essential Skills for important skilled and semi-skilled roles, including those that may be earning under the $73,150 threshold, such as care jobs

This new Skills in Demand visa program and its 3 streams could make some positive changes, reducing red-tape for employers and providing a better visa and pathway to permanent residency for visa holders.

482 visa Workplace 1

2-year pathway to PR instead of 3 years

Since 25 November 2023, the requirement for the 186 Temporary Residence Transition stream was reduced from 3 years down to 2 years. This means 1 less year needed to work on the 482 visa.

The time starts once your 482 is granted. 

If you change employer, the time resets. With the new Skills in Demand visa, the Migration Strategy says it will not reset anymore.

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Changes to 482 visa work condition

From 1 July 2024, visa conditions for the 457, 482 and 494 visa have been adjusted to benefit visa holders.

This has increased the amount of time allowed after you cease working for your employer to 180 days. That’s roughly 6 months and is 3 times more than it was before.

Under the new rules, during the 180 days you are allowed to work other jobs to support yourself.

If you do not find a new nominator before the end of the 180 days, your visa may be cancelled.

This change allows 482 visa holders who have lost their employment to maintain a more stable situation in Australia while they search for a new nominator, as 60 days often isn't sufficient time to secure new sponsored work.

It also makes it safer for those who are being exploited and need to get away from a dangerous or exploitative sponsored work situation, as they will be able to leave and find other jobs.

New powers to crack down on worker exploitation

Since 1 July 2024, there have been new criminal and civil penalties brought in for those who make a migrant worker breach a work-related condition or force them to accept an exploitative work situation to meet a work condition.

The Government also made changes to ban employers who exploit migrants from being allowed to employ the in the future, and to be able to publish the names of the employers who are banned.

Conclusion

The Government is always changing visa requirements to meet their policy objectives.

The new Skills in Demand visa program will change the employer-sponsored program, and we do not have full details of what these changes will include.

If you are eligible now, it is generally better to proceed with your application rather than waiting to see what the Skills in Demand visa looks like. It may be too late once you find out there is a change that might mean you are not able to apply.

If you are looking for an employer to sponsor you, check out this video on YouTube where we share some tips on how to find a sponsor.

Do you need help with your visa application?

Our team of experienced Immigration Lawyers and Migration Agents is ready to assist you with your visa application.

Based in Adelaide, South Australia, we provide Australian immigration advice to people and businesses from all over the world.

You can book an appointment online or call us at (+61) 8 8351 9956.

Book an Appointment

Souces: 

https://immi.homeaffairs.gov.au/what-we-do/migration-strategy

https://budget.gov.au/content/bp1/index.htm

https://immi.homeaffairs.gov.au/news-media/archive/article?itemId=1213

 

 

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190 and 491 Visa State Numbers 2024–25

The Department of Home Affairs has officially released the 2024–25 state and territory nomination allocations for the 190 and 491 visas.

Overall, there is an increase compared with 2023-2024, which is good news for those looking to migrate to Australia.

state_allocations_2024-25.jpeg

Subclass 190 Skilled Nominated visa

  • 2023-2024: 10,300 allocations
  • 2024-2025: 16,500 (increased by 60%)

Skilled Work Regional (Provisional) visa (subclass 491)

  • 2023-2024: 6,400 allocations
  • 2024-2025: 9,760 (increased by 53%)

Total allocations

  • 2023-2024: 16,700
  • 2024-2025: 26,260

See the table bellow comparing the 2023-2024 financial year to 2024-2025 financial year.

State_numbers_2024-25.jpeg

Detailed State Allocations for 190 & 491 Visas

Tasmania (TAS):

  • 190 Visa: Increased from 600 to 2,100 (250%)
  • 491 Visa: Increased from 600 to 790 (27%)

Northern Territory (NT):

  • 190 Visa: Increased from 250 to 800 (220%)
  • 491 Visa: Increased from 400 to 800 (100%)

Western Australia (WA):

  • 190 Visa: Increased from 1,500 to 3,000 (100%)
  • 491 Visa: Increased from 850 to 2,000 (135%)

South Australia (SA):

  • 190 Visa: Increased from 1,100 to 3,000 (173%)
  • 491 Visa: Decreased from 1,200 to 800 (-33%)

Australian Capital Territory (ACT):

  • 190 Visa: Increased from 600 to 1,000 (67%)
  • 491 Visa: Increased from 600 to 800 (33%)

Victoria (VIC):

  • 190 Visa: Increased from 2,700 to 3,000 (11%)
  • 491 Visa: Increased from 600 to 2,000 (233%)

New South Wales (NSW):

  • 190 Visa: Increased from 2,650 to 3,000 (13%)
  • 491 Visa: Increased from 1,500 to 2,000 (33%)

Queensland (QLD):

  • 190 Visa: Decreased from 900 to 600 (-33%)
  • 491 Visa: Decreased from 650 to 600 (-8%)

Why Are These Allocations Important?

The Skilled Independent 189 visa allocations have been nearly halved, from 30,375 in 2023-2024 to only 16,900 for 2024-2025. This significant reduction means that more people will be aiming for state-nominated 190 and 491 visas, making these allocations crucial.

The more state allocations there are, the better your chances of getting a visa.

Analysis and Patterns

The pattern is clear: states defined as regional have received the largest increases in allocations.

The overall strategy appears to focus on increasing the number of 190 PR visas for WA, SA, and NT, while NSW and Victoria saw most of their increases in the regional 491 visa, aimed at dispersing migrants outside Melbourne and Sydney.

Queensland's reduction in numbers was at the request of the QLD government.

It seems the Federal Government is worried about housing shortages and so is looking to give visas for regional areas.

While these allocations won't make everyone happy, they are a significant improvement over the across-the-board 70% reduction from 2022-2023 to 2023-2024 year.

If state nomination isn’t an option for you, consider exploring employer-sponsored visas. Check out our blog on how to find an employer sponsor for more guidance.

Do you need help with your visa application?

Our team of experienced Immigration Lawyers and Migration Agents is ready to assist you with your visa application.

Based in Adelaide, South Australia, we provide Australian immigration advice to people and businesses from all over the world.

You can book an appointment online or call us at (+61) 8 8351 9956.

Sources: 

https://immi.homeaffairs.gov.au/what-we-do/migration-program-planning-levels

https://www.migration.sa.gov.au/

https://www.migration.tas.gov.au/

https://migration.wa.gov.au/

https://www.act.gov.au/migration/home

https://liveinmelbourne.vic.gov.au/

https://www.nsw.gov.au/visas-and-migration

https://www.migration.qld.gov.au/

 

 

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