Regulations and Determinations

The majority voted against a motion:

That the Migration Amendment (Graduate Visas) Regulations 2024, made under the Migration Act 1958, be disallowed [F2024L00748].

This means the regulations will remain in force.

What do these Regulations do?

NSW Senator Mehreen Faruqi (Greens), who introduced the bill, explained that:

These regulations are yet another cruel blow to international students from the Albanese government and yet another example of their absolute disregard for the wellbeing of international students. These regulations concern the 485 temporary graduate visa, which provides the opportunity for international students who have recently graduated from Australian educational institutions to remain here to live and to work temporarily, following the completion of their studies. These regulations reduce the length of stay permitted under this visa and also close the subclass 476 visa, which provides engineering graduates with the chance to work in skilled occupations in this country for up to 18 months.

Of most concern, however, is the government's decision to reduce the age limit of these visas from 50 years to 35 years. The government went some way to amending this really bad policy when it backflipped on its previous position and created a carve-out so that PhD and master's by research students were not subject to this age reduction, but bachelor's and master's by coursework students will still not be eligible for a temporary graduate visa, even those who are graduating this semester, if they are older than 35 years. This just shows the complete lack of thought and consideration that is put into devising these policies, when the government has to backtrack on a big chunk of this policy after having announced it. It's a classic example of policy on the run.

According to the explanatory memorandum:

The Migration Amendment (Graduate Visas) Regulations 2024 (the amending Regulations) amend the Migration Regulations 1994 (the Migration Regulations) to simplify the Temporary Graduate visa program as outlined in the Migration Strategy released 11 December 2023 and combined with other policy measures, will help return migration to near pre-pandemic levels by next financial year. Specifically, this involves changes to the Subclass 485 (Temporary Graduate) visa, including the streams, and the closure of the Subclass 476 (Skilled-Recognised Graduate) visa.