Commonwealth legislation

Migration Act 1958 - Revocation of section 499 Direction No. 35

RepealedCTH

This Act has been repealed and is no longer in force. It is retained for historical reference.

Jurisdiction

Commonwealth

Collection

legislative instrument

Plain English Summary

1/10 complexity

What this does This instrument scraps a 2004 rule about how work and skilled visas were processed.

The backstory "Direction No. 35" (from May 2004) forced immigration officials to consider applications for skilled migration and temporary residence visas in a strict priority order. It mandated which visa categories got looked at first.

What changes now As of 1 January 2009, that mandatory ordering system is cancelled. Departmental decision-makers no longer have to follow the specific processing sequence or prioritisation framework from the 2004 direction when handling these visa applications.

Why it matters If you're applying for a skilled work visa or temporary residence, this removes the rigid queueing rules that previously determined whose application got processed first.

JSON API Migration / citizenship

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Current sections

Direct links to the current provisions in Migration Act 1958 - Revocation of section 499 Direction No. 35.

REVOCATION OF SECTION 499 DIRECTION NO 3

REVOCATION OF SECTION 499 DIRECTION NO 35

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Commonwealth of Australia

Migration Act 1958

REVOCATION OF SECTION 499 DIRECTION NO 35

(SECTION 499)

I, CHRIS EVANS, Minister for Immigration and Citizenship, acting under
section 499 of the Migration Act 1958 (‘the Act’):

REVOKE “Direction No. 35 – Order of Consideration of applications for sponsorship, nomination and visas under the Skill Stream of the Migration Program and the Temporary Residence Program”, signed on 14 May 2004.

This instrument (IMMI 08/107) commences on 1 January 2009.

Dated 17 December 2008

CHRIS EVANS

Minister for Immigration and Citizenship

[NOTE Section 499 of the Act provides that the Minister may give directions to a person or body having functions or powers under this Act if the directions are about the performance of those functions or the exercise of those powers.]

(SECTION 499)

I, CHRIS EVANS, Minister for Immigration and Citizenship, acting under
section 499 of the Migration Act 1958 (‘the Act’):

This instrument (IMMI 08/107) commences on 1 January 2009.

Dated 17 December 2008

CHRIS EVANS

Minister for Immigration and Citizenship

Source text

Sourced from the Federal Register of Legislation (legislation.gov.au), CC BY 4.0.

REVOCATION OF SECTION 499 DIRECTION NO 3 REVOCATION OF SECTION 499 DIRECTION NO 35

Commonwealth of Australia

Migration Act 1958

REVOCATION OF SECTION 499 DIRECTION NO 35

(SECTION 499)

I, CHRIS EVANS, Minister for Immigration and Citizenship, acting under
section 499 of the Migration Act 1958 (‘the Act’):

This instrument (IMMI 08/107) commences on 1 January 2009.

Dated 17 December 2008

CHRIS EVANS

Minister for Immigration and Citizenship

(SECTION 499) (SECTION 499)

(SECTION 499)

I, CHRIS EVANS, Minister for Immigration and Citizenship, acting under
section 499 of the Migration Act 1958 (‘the Act’):

This instrument (IMMI 08/107) commences on 1 January 2009.

Dated 17 December 2008

CHRIS EVANS

Minister for Immigration and Citizenship