Working Holiday Visa - Definitions of "Specified Work"

The Minister for Immigration, Peter Dutton has specified (by way of Legislative Instrument, 5 May 2016) what ‘specified work’ will satisfy the Working Holiday visa ‘regional work’ requirements, as follows:-

(i) plant and animal cultivation:

A. the harvesting and/or packing of fruit and vegetable crops;

B. pruning and trimming vines and trees;

C. general maintenance crop work;

D. cultivating or propagating plants, fungi or their products or parts;

E. immediate processing of plant products;

F. maintaining animals for the purposes of selling them or their bodily produce, including natural increase;

G. immediate processing of animal products including shearing, butchery, packing and tanning;

H. manufacturing dairy produce from raw material.

(ii) fishing and pearling:

A. conducting operations relating directly to taking or catching fish and other aquatic species;

B. conducting operations relating directly to taking or culturing pearls or pearl shell.

(iii) tree farming and felling:

A. planting or tending trees in a plantation or forest that are intended to be felled;

B. felling trees in a plantation or forest;

C. transporting trees or parts of trees that were felled in a plantation or forest to the place where they are first to be milled or processed or form which they are to be transported to the place where they are to be milled or processed.

(iv) mining:

A. coal mining;

B. oil and gas extraction;

C. metal ore mining;

D. construction material mining;

E. other non-metallic mineral mining and quarrying;

F. exploration;

G. mining support services.

(v) construction:

A. residential building construction;

B. non-residential building construction;

C. heavy and civil engineering construction;

D. land development and site preparation services;

E. building structure services;

F. building installation services;

G. building completion services;

H. other construction services.

Nevett Ford Lawyers can assist with all visa related matters.

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Australian Visa Update: The new Simplified Student Visa Framework (SSVF)

From 1 July 2016 the SSVF will come into effect.  Key changes under the SSVF are:

• international students will apply for a single Student visa (subclass 500), regardless of their chosen course of study;
• student guardians will apply for the new Student Guardian (subclass 590) visa.

All students and student guardians, or their representatives, will generally be required to lodge their visa application online by creating an account in ImmiAccount.


Nevett Ford Lawyers Melbourne will continue to provide more information as it becomes available.

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Australian Citizenship - Islamic State declared terrorist organisation

Legislative Instrument - F2016L00665 - Australian Citizenship (Declared Terrorist Organisation—Islamic State) Declaration 2016, declares Islamic State a terrorist organisation for the purposes of s35AA of the Australian Citizenship Act 2007.  

Under this Instrument individuals with links to Islamic State may fall within the circumstances of s33AA or s35 of this Act. 

Section 33AA

Provides for the cessation of citizenship of an Australian citizen (who is aged 14 or older and is also a national or citizen of another country) who engages in specified terrorist conduct, while being a member of a declared terrorist organisation, or while acting on instruction of, or in cooperation with, a declared terrorist organisation.

Section 35

Provides for the cessation of Australian citizenship of a person (who is aged 14 or older and is also a national or citizen of another country) who fights for or in the service of a declared terrorist organisation, where the person’s service or fighting occurs outside Australia.

This Instrument commences on 6 May 2016.

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Australian visa update: Singapore - Work and Holiday & Long Validity Visitor visa announced

On 11 May 2016, Minister for Immigration and Border Protection, Peter Dutton, announced that Singapore will be added to the list of Work and Holiday Subclass 462 visa eligible countries.

The Minister also announced that the option of a long validity, multiple-entry visitor visa for Singaporean nationals to visit Australia will also be introduced.

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High Court grants injunction to prevent asylum seeker abortion

The High Court has granted an urgent injunction preventing an abortion being carried out on an asylum seeker from Nauru.

Lawyers for the woman said she had asked for a termination in Australia.


But the court heard that late yesterday, without any notice, she was flown to Papua New Guinea for the procedure.


Her barrister, Ron Merkel, said the actions gave rise to several concerns including questions about the legality of an abortion in Papua New Guinea.


"Not only is her health at risk but she runs a serious risk of committing a criminal offence," he said.


Lawyers for the Commonwealth told the court they opposed the relief, saying it was unnecessary and inappropriate.


The court heard arrangements had been made to ensure all appointments for the woman had been suspended for the time being.


The court was assured there was no immediate issue about the woman undergoing any procedures in Papua New Guinea.


Commonwealth representatives also told the court the woman was not in detention in Nauru but was a refugee on a temporary settlement visa.


That gave rise to questions about whether the woman was in custody and whether she was owed a duty of care by Australian authorities, which was part of the wider case.


Justice Patrick Keane said given the urgency and gravity of the situation for the woman and the fact there appeared to be an arguable case, he would the grant the injunction.


He ordered no steps be taken to bring about the termination or remove the woman from Papua New Guinea to anywhere but Australia.


Justice Keane also noted the issues raised in the case were not to do with the Immigration Act but rather were questions about duty of care.


The parties have agreed the case should be remitted to the Federal Court.


SOURCE: ABC News online

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Australian Immigration - Ministerial Intervention requests (visa applications)

The current Australian Minister for Immigration (Mr Peter Dutton MP) has confirmed that the following types of visa related matters may be finalised without further his assessment as he considers them inapprorpiate to consider:

• repeat requests where there is migration-related litigation that has not been finalised, unless the case has been referred to the department by a tribunal for the Minister's attention;
• where it may be open to a person to make a valid application for a Partner visa onshore, as prescribed under Regulation 2.12(1) where an application for a Partner visa onshore, as prescribed under Regulation 2.12(1), has subsequently been refused
• where there is another visa application concerning the person ongoing with the department or a review application in relation to a visa application ongoing with a review authority
• where there is an ongoing Ministerial intervention request under a different public interest power covered by these guidelines
• where there has been a remittal or set aside from a review authority or from a court and a subsequent decision has not yet been made by the department or review tribunal which were decided by MIRO and are now at the AAT (Migration and Refugee Division)
• where the request is made by a person who is not the subject of the request or their authorised representative; and
• where the request is made only in relation to Australia’s non-refoulement obligations, unless the person is excluded from the grant of a Protection visa (PV) or has had a substantive visa cancelled or refused on character grounds.

Generally, The Minster has indicated that these cases should not be brought to his attention and may be finalised without further assessment.

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Class of persons defined as "fast track applicants"

Legislative Instrument - F2016L00377 - IMMI 16/010 - Class of persons defined as fast track applicants. 

The Instrument will allow the Minister to lift the relevant application bars so that children born in the migration zone, their parents and siblings are able to submit applications for  Temporary Protection visa or a Safe Haven Enterprise Visas in Australia and have their application assessed under the fast track assessment process established by Schedule 4 of the Migration and Maritime Powers Legislative Amendment (Resolving the Asylum Legacy Caseload) Act 2014.

A fast track applicant is defined as:

a) A person:

• i) who was born in the migration zone on or after 6 November 2013 and before 5 December 2014; and
• ii) who is a child of a person who is an unauthorised maritime arrival who entered the migration zone on or after 19 July 2013 and who was taken to the Republic of Nauru under section 198AD of the Act; and
• iii) who has made a valid application for a protection visa; and
• iv) who is not an Australian citizen.

 

b) A person:

who is the brother or sister of a person who is included in the class of persons specified in paragraph a) of this Instrument; and

• i) who is the parent of a person included in the class of persons specified in paragraph (a) of this Instrument; and
• ii) who is an unauthorised maritime arrival who entered the migration zone on or after 19 July 2013 and who was taken to the Republic of Nauru under section 198AD of the Act; and
• iii) who has made a valid application for a protection visa; 
• iv) who is not an Australian citizen.

 

c) A person

• i) who is the brother or sister of a person who is included in the class of persons specified in paragraph (a) of this Instrument; and
• ii) who is an unauthorised maritime arrival; and
• iii) who has made a valid application for a protection visa; and
• iv) who is not an Australian citizen.

This instrument will commence after registration on the Federal Register of Legislative Instruments.

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Entrepreneur visa

Minister Dutton has announced a new Entrepreneur visa to encourage and attract innovators and entrepreneurs to come to or stay in Australia.  The new visa is one of a number of strategies under the newly announced National Innovation and Science Agenda.

The new visa will assist in retaining highly educated and talented foreign students who have gained their knowledge base in Australia.  Graduates with STEM subject qualifications (science, technology, engineering and mathematics) or specific ICT and related fields will benefit from the new visa. A pathway to permanent residence will be facilitated for foreign student graduates from these disciplines with specialised doctorate level and Masters-by-research qualifications.

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Recommendations from the Report on Australian Citizenship Amendment (Allegiance to Australia) Bill 2015

The Parliamentary Joint Committee on Intelligence and Security has today presented its bipartisan report on the Australian Citizenship Amendment (Allegiance to Australia) Bill 2015. The Bill would allow Australian citizenship to be stripped from dual nationals who, in repudiation of their allegiance to Australia, engage in terrorism-related conduct.

The Committee has made a number of recommendations and subject to these recommendations supports passage of the Bill through the Parliament.

The recommendations narrow the scope of the Bill to improve safeguards, oversight and accountability mechanisms. Recommendations include:

• That retrospectivity of the proposed s35A be limited to people sentenced to more than 10 years imprisonment for terrorism offences, within the last decade
• That the rights of the child be used as the primary determinant when considering cancellation under s35A for those under 18 years old
• That the rules of natural justice should apply to the Minister's discretion under s35A
• ​That the Minister be given the power to annul a revocation decision, if the relevant convictions is later overturned on appeal or quashed, and the person's citizenship be taken to have never been lost
• That the list of offences that could trigger cancellation be limited and not include damaging or destroying Commonwealth property, a number of offences with penalties of less than 10 years or some that have never been used
• That the provision of neutral or independent humanitarian assistance, unintentional acts or acts carried out under duress not be considered to have been undertaken in the service of a declared terrorist organisation
• That no part of the Bill applies to a child aged less than 10 years old
• That s35AA & 35 does not apply to the conduct of a child aged under 14 years of age
• That the Government be required to report publicly every 6 months on the number of times a notice for loss or revocation of citizenship has been issued and provide a brief statement of reasons.
• That the Minister advise the Parliamentary Joint Committee on Intelligence and Security on issuing a notice for loss of citizenship and brief the Committee within 20 days of its issue
• That another review of this Bill be conducted by 1 December 2019.

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Visa refusal / cancellation

Where the decision to refuse or cancel a visa is made by the Minister personally, the person has no right of appeal to the Administrative Appeals Tribunal (AAT).


If a delegate of the Minister either refuses or cancels a person's visa and the person is in Australia they will have a right to have the decision reviewed by the AAT. If they are not in Australia, they may also have a right to have the decision reviewed, for example, if they have either a sponsor or nominator in Australia.


However, if a person's visa is mandatorily cancelled because they are serving a custodial sentence and have ever been sentenced to 12 months or more, or have been convicted of, had a charge proven or found guilty of a sexually based crime involving a child, they have no right of appeal at the AAT.


In these circumstances, the Department of Immigration & Border Protection (DIBP) will provide the person with 28 days to request revocation of the decision to mandatorily cancel their visa. A decision made by a delegate of the Minister to not revoke a mandatory cancellation decision is reviewable by the AAT.


Strict time limits apply on appeals to the AAT. Applicants in Australia seeking reviews of decisions must apply to the AAT within nine (9) days of being notified of the decision.


For applicants outside Australia, the application for review must be lodged by a sponsor or nominator within 28 days of the day of being notified of the decision.


The AAT will be deemed to have confirmed the decision if it does not make its own decision within eighty four 84 days of the date on which the applicant was notified of the original decision.


Whether or not there is an appeal avenue available to the AAT, an applicant may seek judicial review of the decision, if they believe the decision was not lawfully made.

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The Character Requirement (Australian visas)

The Character Requirement

​Everyone who wants to enter or stay in Australia must satisfy the character requirement as set out in Section 501 of the Migration Act 1958 (the Act). This includes all non-citizens, sponsors of visa applicants and non-migrating family members seeking to enter or stay in Australia.

Visa holders must also continue to satisfy the character requirement.

Irrespective of which visa you apply for, you must advise Australian Immigration if you have any criminal convictions inside or outside of Australia, and you may be asked to provide police certificates as part of your assessment against the character test. If you do not inform Australian Immigration of your criminal history, your visa application may be refused or your visa cancelled.

The Department of Immigration & Boorder Protection (DIBP) and the Minister for Immigration and Border Protection have the power to refuse or cancel a visa on the basis that a person does not pass the character test.

In some cases, even if you do not pass the character test, DIBP or the Minister can exercise discretion not to cancel your visa. 

Decisions to cancel or refuse visas on the basis of the character test are made after full consideration of all the circumstances of a case.

Mandatory cancellation

If you are currently serving a full-time custodial sentence and have ever been sentenced to 12 months or more imprisonment, regardless of time actually served, or have been convicted of, had a charge proven for or have been found guilty of a sexually based crime involving a child, your visa must be cancelled. DIBP will provide you with 28 days to request revocation of this decision if your visa is cancelled in these circumstances.

In considering requests for revocation of a mandatory cancellation decision, DIBP will consider all circumstances of your case.

The character test

You will not pass the character test if:

• you have a substantial criminal record
• you have been convicted of escaping from immigration detention, or convicted for an offence that you committed:
• while you were in immigration detention
• during an escape from immigration detention
• after an escape, but before you were taken into immigration detention again.
• you are or have been a member of a group or organisation, or had or have an association with a person, group or organisation that the Minister reasonably suspects of being involved in criminal conduct
• the Minister reasonably suspects that you have been involved in people smuggling, people trafficking, genocide, a war crime, a crime against humanity, a crime involving torture or slavery, or a crime that is of serious international concern, whether or not you have been convicted of such an offence
• your past and present criminal or general conduct shows that you are not of good character
• there is a risk that while you are in Australia you would:
• engage in criminal conduct
• harass, molest, intimidate or stalk another person
• vilify a segment of the Australian community
• incite discord in the Australian community or in a part of it
• be a danger to the Australian community or a part of it.
• you have been convicted, found guilty or had a charge proven for, one or more sexually based offences involving a child
• you are subject to an adverse security assessment by the Australian Security Intelligence Organisation
• you are subject to an Interpol notice, from which it is reasonable to infer that you are a direct or indirect risk to the Australian community, or a segment of the Australian community.

Substantial criminal record

A substantial criminal record is based on the length of a sentence imposed by a court of law, rather than the time actually spent in prison.

For the purpose of the character test, a person is deemed to have a substantial criminal record if they have been:

• sentenced to death or life imprisonment
• sentenced to a term of imprisonment of 12 months or more
• sentenced to two or more terms of imprisonment (even if served concurrently), where the total of those terms is 12 months or more
• found by a court to be not fit to plead in relation to an offence but found to have committed the offence and as a result have been detained in a facility or institution.

Discretionary powers and Ministerial Direction 65

When a person does not pass the character test, the Minister or his delegate will decide whether or not to refuse the application or sponsorship, or to cancel their visa. When making this decision, a wide range of factors will be considered, including the protection of the Australian community, the best interests of any minor children in Australia who may be affected by a decision to refuse or cancel the person's visa and expectations of the Australian community. Other factors are also considered, such as Australia's international legal obligations, the impact of visa refusal or cancellation on a person's family in Australia, any impact on Australian business interests and the impact on the Australian community if a visa were to not be refused or cancelled.

The exercise of the discretion is guided by Ministerial Direction 65 made under section 499 of the Act.

 

 

 

 

 

 

 

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Australian passports

The Australian Passports (Application Fees) Determination 2015 - F2015L01222 specifies the fees for Australian passport applications, certificates and documents of identity, travel, provisional travel documents and convention travel documents. 

The application costs vary according to various criteria, including:

• adult, child, age (over 75)
• length of validity
• regular or frequent traveller version
• priority and emergency processing requirement

The new pricing will commence from 1 October 2015.

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ATO data matching - Visa holders, Sponsors and Registered Migration Agents

The Commissioner for Taxation has gazetted a Notice of a Data Matching Program for visa holders. 

Gazette Notice of Data Matching Program - Immigration Visa Holders Gazette - C2015G01255  will allow the ATO to acquire the names, addresses and other details of visa holders, their sponsors and their migration agents for the 2013-14, 2014-15, 2015-16 and 2016-17 financial years from the Department.

Information will be collected from an estimated 1 million visa holders and include:

• Address history for visa applicants and sponsors 


• Contact history for visa applicants and sponsors


• All visa grants


• Visa grant status by point in time


• Migration agents (visa application preparer who assisted or facilitated the processing of the visa)


• Address history for migration agents


• Contact history for migration agents


• All international travel movements undertaken by visa holders (arrivals and departures)


• Sponsor details (457 visa)


• Education providers (educational institution where the student visa holder intends to undertake their study)


• Visa subclass name.  

The government reports that this information will used to improve the integrity of visa program and compliance overall, reduce immigration fraud and assist in developing strategies to address effective operation and compliance.

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NSW launches 'International Student Welcome Desk' at Sydney Airport

NSW launches International Student Welcome Desk at Sydney Airport

International students in NSW now have support from the moment they arrive at Sydney International Airport. The NSW International Student Airport Welcome Desk commenced operations on 18 July.

The desk is staffed by local and international student volunteers through a formal work integrated learning program with StudyNSW. The volunteers greet students and offer orientation advice and distribute guides with maps and information about accommodation and transport.


Ipads fixed at the desk also offer information and will direct students to StudyNSW’s student facing website once the website goes live next month.

StudyNSW initiated the Welcome Desk in response to recommendations from our stakeholders and feedback from the International Student Barometer 2014. The desk will be staffed during peak arrival periods in July/August and January/February with ongoing staffing primarily at weekends at non-peak periods.

The 12 month pilot project has been co-funded by a consortium including StudyNSW, Destination NSW, Australian Catholic University, Charles Sturt University, Macquarie University, University of Sydney, University of Newcastle, University of New South Wales, University of Technology Sydney, University of Western Sydney, University of Wollongong, TAFE NSW, NSW Department of Education, English Australia and is supported by the Council of International Students Australia (CISA). A steering committee representing all partners will assess its effectiveness after one year and make recommendations for future improvements.

NSW Minister for Trade, Tourism and Major Events Stuart Ayres said the NSW International Student Airport Welcome Desk would help to ensure international students feel welcome. “Recent surveys have highlighted that the first 24 hours is crucial to students forming their perspectives about studying and living in NSW,” Mr Ayres said.

"As the gateway to Australia, Sydney Airport is proud to support StudyNSW’s International Student Airport Welcome Desk at the airport," Sydney Airport Managing Director and Chief Executive Officer Kerrie Mather said, "International students are a key visitor market for Sydney Airport and it’s essential that we provide a positive first impression of Sydney by making them feel welcome."

If you are an education provider or education agent, we encourage you to share information about the Welcome Desk to international students making their first journey to NSW.

Desk location: Arrivals Hall A, Terminal 1, Sydney International Airport
Open: 7.00am-11.00am, 6.00pm-10.00pm, 7 days a week during semester intakes and weekends at other periods.

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Airport disruptions across Australia on Monday 3 August 2015

Employees of the Department of Immigration and Border Protection (DIBP), including the Australian Border Force, who are members of the Community and Public Sector Union (CPSU) will undertake protected industrial action (PIA) on Monday 3 August 2015 across Australia.

Passengers travelling internationally on Monday morning may experience delays at airports, while visa and citizenship services may also be affected.

Acting Deputy Commissioner Operations, Steve Lancaster, said travellers and DIBP clients should not be alarmed by this action, but allow extra time for processing.

“The CPSU has agreed that a range of functions that maintain safety of life at sea and national security safeguards will be excluded from any PIA,” Mr Lancaster said.

“The health, safety and security of the public and our staff continue to be our priority”.

“We are working closely with our partner agencies to minimise impacts on operations”.

“We recommend that passengers booked on international flights departing on Monday morning to arrive early in accordance with your airline’s guidelines and after check-in, promptly proceed straight to immigration and customs clearance.”

Further information will be published on the Department’s website (www.border.gov.au ) and official Facebook page.

The proposed enterprise agreement has been circulated to employees, and will be put to a vote as soon as possible.

Transitional arrangements that maintain a range of conditions for former Australian Customs and Border Protection Service employees have been put in place from 1 July through determinations made under the Public Service Act 1999.

 

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Administrative Appeals Tribunal (AAT) Reforms

On 1 July 2015, the Migration Review Tribunal (MRT) and the Refugee Review Tribunal (RRT) were merged with the Administrative Appeals Tribunal (AAT).

Like the MRT, the AAT conducts independent merits review of administrative decision under the laws of the Commonwealth and has the same powers to affirm, vary, set aside or remit decisions.

The AAT has recently issued practice directions which places obligations on representatives and applicants which did not previously exist with respect to MRT/RRT matters and which everyone needs to be aware of if wishing to conduct applications in this jurisdiction. Included in these directions, it is necessary to note following:

1. At the time of lodging the review application applicants are expected to provide all relevant evidence and detailed submission supporting clients,
2. Any additional clients/submissions must be lodged no later than seven days prior to the hearing and must identify clearly any changes to the previous claims and any new or additional claims,
3. There are clear requirements as to how submissions are to be prepared;  claims must be clearly and concisely identified and the issues in a review must be addressed with details of the relevant facts that support the claims made in the submission,
4. Prehearing submissions must be submitted at less seven days prior to the hearing setting out all of the claims and must be accompanied by a declaration from the applicant confirming that the submission has been read and that it accurately and completely presents the claims,
5. Witness statements also need to be prepared and lodged with theTribunal; if for any reason a witness is unable to sign the statement, it is necessary to provide a synopsis of what the witness will say on the hearing date.

The requirements of the AAT means that for most agents the way in which they conduct review applications will need to change significantly. As distinct from the old practice of lodging a review application and then preparing submissions sometime between the lodging date and the date of hearing, and in some cases, not at all, it is now necessary to immediately identify issues and prepare supporting submissions. This will require careful analysis and attention to detail from the outset.

 

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New online lodgement system for the AAT (Migration and Refugee Division)

Applications for the review of a decision can now be lodged online to the Administrative Appeals Tribunal on the following web address:

 

https://tribunalonline.mrt-rrt.gov.au

 

When lodging an application online, if an application fee is applicable, the full fee must be paid as an online payment using Visa or MasterCard only.

 

Supporting documents can be uploaded online as well at the end of the electronic application. It is important to remember that if lodging on the last day of a time limit, the application must be received by the AAT no later than midnight local time, if you are lodging from a location within Australia, or midnight Australian Capital Territory local time, if lodging from outside Australia.

 

 

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Australian Visas Update - Child and Orphan Relative visas

The Australian Department of Immigration & Border Protection (DIBP) announced in the 2015 Budget that up to 190,000 permanent migration places will be available in 2015-16 migration programme.  Some changes to the programme have been announced which will affect how the Child and Orphan relative categories will be managed.

At least 3,485 additional permanent Child visa places will be available outside the managed Migration Programme.

Child category visas (excluding Orphan Relative) will no longer be counted under the managed Migration Programme. This is in response to the Government’s commitment to reform and improve the processes relating to inter-country adoption.  The Child category will continue to be carefully monitored while it transitions to a fully demand-driven model by 2019-20.

Orphan Relative visas will now form part of the 'Other Family' category within the Migration Programme with 400 places allocated to Orphan Relative visas.

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Ministers of Religion - Labour agreements (Australian visa changes)

Legislative changes came into effect on 1 July 2015 which will limit nominations for permanent visas for Minister of Religion (ANZSCO 272211) to the Agreement Stream of the Employer Nomination Scheme (Subclass 186 visa). The Department would like to clarify the impact of these legislative changes.

From 1 July 2015:

• Employer nominations for Minister of Religion occupation for the Direct Entry stream of the Regional Sponsored Migration Scheme (Subclass 187 visa) can no longer be lodged. Minister of Religion is not an eligible occupation for sub-subparagraph 5.19(4)(h)(ii)(D) of the Regulations as specified by legislative instrument IMMI 15/083.
• Nominations by a standard business sponsor for Temporary Work (Skilled) Subclass 457 visa cannot be for a Minister of Religion as this occupation is not an eligible occupation for paragraph 2.72(10)(aa) of the Regulations as specified by IMMI 15/092
• Visa applications can be lodged for Minister of Religion for Direct Entry or Temporary Residence Transition stream if the linked nomination was lodged and approved prior to 1 July 2015, and if the linked nomination was lodged prior to 1 July 2015 and then subsequently approved on or after 1 July 2015.
• All visa applicants nominated as Minister of Religion will no longer be eligible for the age, skill and English language exemptions previously available prior to 1 July 2015 under Legislative Instruments IMMI 13/059, IMMI 12/060 and IMMI 12/059. Class of persons exempt from age, skill and English requirements is specified as per legislative instrument IMMI 15/083 for all visa applications lodged from 1 July 2015.
• Employer nominations for the Temporary Residence Transition stream, Regulation 5.19(3), are possible if applicants are an existing Subclass 457 visa holder who was granted the Subclass 457 visa prior to 1 July 2015 on the basis of satisfying subclause 457.223(4) of the Regulations and whose occupation is Minister of Religion.

The Department acknowledges that there are still Ministers of Religion who are Subclass 457 visa holders in Australia. An individual letter will be sent to these Subclass 457 visa holders in relation to these changes.

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