Many changes have recently been made for immigration law in Australia. Along with the new Workplace Justice Visa, which has been introduced to better empower migrant workers to report exploitation (discussed in more detail in the Workplace Justice Visa article), other changes have been put in place by the Australian Government to improve the outcomes of individuals in Australia, including visa holders and those in detention. These changes will be discussed below.
Increase in Temporary Skilled Migration Income Threshold (TSMIT)
The Migration (IMMI 18/033: Specification of Income Threshold and Annual Earnings and Methodology of Annual Market Salary Rate) Amendment (LIN 24/052) Instrument 2024 has come into effect from 1 July 2024. It increases the Temporary Skilled Migration Income Threshold (TSMIT) from $70,000 AUD to $73,150 AUD. This change, an increase of 4.5 percent, aligns with the annual Average Weekly Ordinary Times Earnings as of November 2023 and was introduced to continue protecting skilled migrant workers from exploitation. The new TSMIT applies to nominations lodged on or after 1 July 2024, with the previous TSMIT being applied to the assessment of nominations lodged before 1 July 2024.
Strengthening Reporting Protections for Migrant Workers
The Migration Amendment (Strengthening Reporting Protections) Regulations 2024 came into effect on 1 July 2024. These regulations prescribe circumstances where the visa of a temporary migrant worker, who has been affected by a workplace exploitation must not be cancelled- this is also referred to as non-discretionary protection. The regulations also outline matters that the Minister must have regard to when determining whether to cancel the visa of a temporary migrant worker, where the non-discretionary circumstances do not apply- this is referred to as discretionary protection. The purpose of these Amendment Regulations is to strengthen the protections that are available to migrant workers, to empower them and instil confidence in them to report workplace exploitation without fear of losing their visa status. This amendment aligns with other changes that have been made with the broader goal of addressing migrant worker exploitation.
Revision of Daily Maintenance Amount for Persons in Detention
The Migration (Daily Maintenance Amount for Persons in Detention) Determination (LIN 24/017) 2024 came into force on 1 July 2024. This regulation revised the daily amount for the keeping and maintaining of a person in immigration detention to $538.79 to reflect the minimum cost to the Commonwealth, an increase from $490.68. This amount will apply until 30 June 2026, with the direct costs including facility-based corporate overheads, catering, cleaning, facilities management, security and escorting services, visitor management, health services, and activities and programs. This change applies to all immigration centres, including the previous Immigration Transit Accommodation facilities which later transitioned to detention centres. Their inclusion came into force with the aim of ensuring consistency across the Immigration Detention Network, as all facilities are now established and administered under the same legislative framework.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.