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Migration Amendment (2014 Measures No 1) Regulation 2014

Select Legislative Instrument SLI 2014 No 32 [F2014L00286] Migration Amendment (2014 Measures No. 1) Regulation 2014 provides six Schedules for amendments to the Migration Regulations 1994, with the aim of strengthening and improving migration policy. A summary of the amendments appear below and the full instrument and explanatory statement may be accessed by clicking the above link.

Sch 1 – Amendment relating to PIC 4020 –

introduces requirements relating to the visa applicant’s identity. The amendment allows the Minister to refuse a visa if not satisfied of the applicant’s identity, with the burden of proof on the applicant. Where a visa is refused on PIC 4020 grounds, the applicant and any members of their family unit are unable to be granted visas that require applicants to satisfy PIC 4020 for a period of 10 years.

Sch 2 – Amendments relating to SC 202 (Global Special Humanitarian) visas for applicants proposed by minors –

ensure an applicant for a SC 202 visa proposed by a minor, who holds or has held a SC 866 Protection or Resolution of Status visa, is assessed against the same criteria as an applicant who is proposed by an adult who holds or has held that visa.

Sch 3 – Amendments relating to inserting public interest criterion 4020 into various visa subclasses –

inserts PIC 4020 into SC 416, 417 and 488 visa subclasses, to enable refusal of grant of a visa where false and misleading information has been provided in association with a visa application.

Sch 4 – Amendments relating of release of information to the police –

the Minister may disclose any information to the Federal, State or Territory police forces, regarding a person holding a SC 050 (General) or SC 051 (Protection visa applicant) visa or a person covered by a residence determination. The purpose of this amendment is to assist in monitoring compliance with visa conditions or residence determinations.

Sch 5 – Amendments relating to English language requirements for SC 457 visas –

amends the Principal Regulations to omit the definitions of English proficiency from the Subclass 457 visa criteria and approval of nomination criteria under regulation 2.72.  This enables the relevant English proficiency levels, including type of test and the scores that the applicant or holder must achieve, to only be specified in a legislative instrument made by the Minister.

Sch 6 – Amendments relating to transitional arrangements –

relates to the commencement on 22 March 2014 of these Schedules and transitional arrangements by adding Part 27 at end of the current Schedule 13 of the Regulations.


Commences on 22 March 2014.

Source: Migration Institute of Australia