Migration Point-in-Time Service Updates

The Migration Point-in-Time Service has been updated to include the Migration Amendment Act 2024 (Cth) (Act No. 105 of 2024), Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Act 2024 (Cth) (Act No. 106 of 2024) and Migration Amendment (Removal and Other Measures) Act 2024 (Cth) (Act No. 107 of 2024).

Act 105 of 2024

The Act amends the Migration Act 1958 (Cth) (the Migration Act) to strengthen the legislative framework relating to the removal from Australia of certain non-citizens who are on a removal pathway. The Act amends the Migration Act to support ongoing effective management of holders of a Subclass 070 (Bridging (Removal Pending)) visa in the community and facilitate arrangements for their removal to receiving countries. The Act also makes amendments to clarify the information that may be taken into account when making decisions or recommendations in relation to community protection or character-related matters and for other purposes under the Migration Act and the Migration Regulations 1994 (Cth).

Act 106 of 2024

The Act amends the Migration Act to allow the Minister to determine that a thing is a prohibited thing in relation to immigration detention facilities and detainees (whether or not they are in an immigration detention facility), if the Minister is satisfied that possession or use of that thing might be a risk to the health, safety or security of persons in the facility, or to the order of the facility.

Act 107 of 2024

The Act amends the Migration Act to strengthen the legislative framework in the Migration Act relating to the removal from Australia of certain non-citizens who are on a removal pathway. This includes unlawful non-citizens as well as non-citizens who hold certain bridging visas, including the Subclass 070 (Bridging (Removal Pending)) visa.

The Act aims to strengthen the integrity of the migration system by requiring non-citizens who are on a removal pathway and have exhausted all avenues to remain in Australia to cooperate in efforts to ensure their prompt and lawful removal. The amendments made by the Act are necessary to address circumstances where non-citizens who have no valid reason to remain in Australia, and who have not left voluntarily as expected, are not cooperating with appropriate and lawful efforts to remove them.

These amendments have been updated in the Point-in-Time Migration Service current to 13 January 2025. (NB: Subscription required).

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