Australian Immigration News – Latest updates

Major visa cuts, backlogs, and new opportunities revealed at the MIA National Migration Conference

Big changes have just been announced in Australian immigration — including potentially visa quota reductions and major updates straight from the Migration Institute of Australia’s National Migration Conference in Melbourne.

Are your migration plans about to change? Let’s take a closer look at what’s happening.

Migration Quotas and State Nomination – Up to a 30% Cut

The Federal Government has confirmed a total of 185,000 permanent migration places for the 2025–2026 financial year — the same overall number as last year.

However, there’s growing concern that state and territory allocations will be significantly smaller, as the Department of Home Affairs (DHA) continues to face backlogs from unprocessed visa applications.

For example, Western Australia’s Premier Roger Cook is fighting to prevent a reduction from 5,000 to 3,400 skilled migration places. He has formally written to the Federal Government, urging them to reconsider the cuts.

If WA faces a 30% reduction, similar cuts may occur across other states — except for Queensland, which is expected to see an increase after receiving a very small allocation of only 1,200 places last year.

At this stage, only small interim allocations have been released, allowing states to issue a limited number of invitations for Subclass 190 and Subclass 491 visas.

Many states have already published their eligibility criteria for this financial year, and some are already open for Expressions of Interest (EOIs).

A detailed update on each state’s 190 and 491 requirements will be published separately soon.

Deportations and Visa Cancellations

According to several news articles, Home Affairs Minister Tony Burke confirmed that the first transfer to Nauru under a new agreement has taken place, triggering an upfront payment of AUD 408 million. The deal — expected to cost around AUD 2.5 billion — has faced criticism from human rights groups.

Additionally, the government has made headlines by denying entry to certain individuals, including Dutch athlete Steven van de Velde, a convicted child sex offender, under section 501 visa cancellation powers.

Key Takeaways from the MIA National Migration Conference 2025

In early October, the Migration Institute of Australia’s National Migration Conference was held in Melbourne. Chris Johnston from Work Visa Lawyers attended the event alongside our lawyer Shamsiya Mohammadi, gathering valuable insights about the government’s direction in migration policy.

Visa Processing and Backlogs

According to Damien Kilner from the Department of Home Affairs, the backlog of pending visa applications remains a serious challenge.

As of October 2025, there are:

• 58,000 pending Subclass 186 Employer-Sponsored Visa applications, compared to an annual target of 44,000 places.

• 98,000 pending Partner Visa applications, with an annual target of 40,500.

This means that the partner visa backlog is growing by approximately 25,000 applications per year, and without major reform, waiting times could extend to five years or more.

DAMA Update – More Regional Flexibility Ahead

The Department of Home Affairs confirmed that it favours full-state DAMA agreements rather than fragmented regional ones.

This suggests that:

• Tasmania may soon receive its own state-wide DAMA.

• Queensland, New South Wales, and Victoria could move toward full-state DAMAs, replacing the current patchwork approach with more consistent coverage.

This would provide greater flexibility for employers in regional areas to sponsor overseas workers under the Designated Area Migration Agreement (DAMA) program.

Political Debate: Labour vs. Liberal on Migration Policy

The conference also featured a lively political debate between Labour and Liberal representatives.

Julian Hill MP, Assistant Minister for Citizenship and Multicultural Affairs, spoke about rebuilding a coherent migration system after years of inconsistent policies and underinvestment.

Hill confirmed that net overseas migration has fallen by more than 40%, returning to pre-COVID levels, and emphasised the economic importance of international students, who support over 250,000 Australian jobs.

He stated:

“Australia is not facing mass migration — our borders remain tightly controlled.”

Hill also criticised the opposition, saying the Liberals were:

“Both terrified of yet cuddling up to One Nation, calling for ‘massive cuts’ to migration, but never saying how or where that should occur.”

In response, Liberal Senator Paul Scarr, Shadow Minister for Immigration, took a more measured stance.

He argued that:

“Our immigration policy must be in our national interest. But, more than that, the debate in relation to immigration policy must be conducted in a way which is also in our national interest — it must not seek to inflame emotion.”

Scarr called for:

• Greater transparency in the migration program.

• A return to multi-year migration planning (which has not been reintroduced).

• Faster processing times for the new Skills in Demand (SID) 482 visa, which are currently exceeding expectations.

While both sides of politics offered valid points, the ongoing lack of certainty and predictability continues to affect Australian businesses and regional employers struggling with skill shortages — as well as visa applicants themselves seeking confidence in the system.

Where Are the Opportunities for Applicants?

Despite the cuts and backlogs, there are still strong opportunities in key sectors.

Under Ministerial Direction 105, healthcare professionals and teachers are being prioritised for skilled visa processing. 

The federal and state governments are also prioritising construction workers and tradespeople due to the housing crisis. 

For those outside these priority sectors, employer sponsorship or partner visas may be the most practical migration pathways.

Check out our blog “How to find a sponsor”. 

Rising Interest from U.S. Citizens

There has been a noticeable increase in protection visa applications from U.S. citizens between August 2024 and July 2025, according to Department of Home Affairs data.

Work Visa Lawyers has also assisted many U.S. citizens applying for partner visas, reflecting a growing interest in migration pathways to Australia from the United States.

National Innovation Visa Granted – Critical Technology 

The new National Innovation Visa (NIV) continues to show promising results.

In October, Work Visa Lawyers successfully obtained a National Innovation Visa grant for a client working in critical technologies (cyber security).

The processing time was impressively fast, the visa was lodged in August and granted in October, taking just two months.

If you are a global talent or entrepreneur working in high-tech or innovation sectors, you may be eligible for this visa.

You can check your eligibility with our Free NIV Assessment on the Work Visa Lawyers website.

What to Expect Next? 

Australia’s migration landscape is shifting rapidly, with significant cuts to state allocations, extended processing delays, and increasing political debate about migration levels.

While there is uncertainty, opportunities remain strong in healthcare, education, construction, and technology sectors.

At Work Visa Lawyers, we continue to monitor all official updates from the Department of Home Affairs and state and territory governments.

Follow us on Instagram, TikTok, Facebook or YouTube for short updates. 

Applying for an Australian Visa

If you want to discuss your specific situation or visa options, please book an appointment with one of our lawyers.

Our experienced team of immigration lawyers and registered migration agents can guide you through your best options.

Contact Work Visa Lawyers today to book a consultation and get personalised advice for your visa pathway.

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How to Become a Registered Nurse in Australia

Australia is one of the most popular destinations for nurses around the world. With its high-quality healthcare system, strong demand for healthcare workers, and excellent career opportunities, many internationally qualified nurses and midwives (IQNMs) are choosing to build their future here.

If you're exploring how to become a registered nurse in Australia, this guide offers a complete breakdown of pathways, visa options, and registration procedures.

Applications for registration and renewals can be completed online through the Ahpra portal.

The portal allows applicants to create or log in to an account to start an application, update contact details, request a certificate of good standing or certificate of registration, and manage updates such as changing the principal place of practice or reporting a notifiable event.

Registration and Immigration – Two Separate Processes

If you want to work as a nurse or midwife in Australia, you need to go through two different applications:

Registration with the Nursing and Midwifery Board of Australia (NMBA) via Ahpra – to legally practice as a nurse or midwife.

• This checks qualifications, English skills, and whether the applicant meets professional standards.
• Without NMBA registration, you cannot legally work as a nurse/midwife in Australia, even if you have a visa.

Visa with the Department of Home Affairs – to live and work in Australia.

• This allows you to enter, live, and work in Australia.
• Without a visa, you cannot stay or be employed in the country — even if you have NMBA registration.

NMBA’s Registration Standards

Before you can work, you must meet the NMBA’s registration standards. These include:

• Criminal history check → Authorities review your past records to ensure suitability for healthcare roles.
• English language skills → Proof of English proficiency is required via one of the following:
  • IELTS (Academic): Overall 7.0, with 7.0 in each band.
  • OET (Nursing): B in each band.
  • PTE Academic: Overall 65, with 65 in each band.
  • TOEFL iBT: Total 94 (L:24, R:24, W:27, S:23).
    Results may be from one sitting or two within six months (minimum criteria apply).
• Recency of practice → You must show recent clinical experience.
• Professional indemnity insurance (PII) → You need to be covered for professional practice incidents.

Qualification Criteria

Qualifications are assessed for equivalence to Australian standards. The NMBA checks:

1. Recognition for registration – Must be officially recognised in your home country.
2. Accreditation – Programs must be accredited and include clinical placements.
3. Academic level – Equivalent to:
   • Level 7 Bachelor’s Degree for registered nurses/midwives.
   • Level 5 Diploma for enrolled nurses.

Country Classifications

The Nursing and Midwifery Board of Australia (NMBA) has reviewed nursing and midwifery qualifications from different countries and grouped them into three categories. This classification helps determine the likely pathway you will follow toward Ahpra registration and is critical for internationally qualified nurses and midwives (IQNMs) pursuing careers in Australia.

Likely to Meet Standards (Fast-Track Recognition)

If you trained in one of the following countries, your qualification is usually considered equivalent to Australian standards:

• Canada
• United Kingdom
• United States of America
• Republic of Ireland
• Hong Kong (nursing only)

These candidates often follow a faster registration process with limited additional assessment.

May Meet Standards (Case-by-Case Assessment)

If you studied in one of the following countries, your qualifications may be accepted, but they’ll be assessed individually:

• Belgium (Flanders)
• Denmark
• Finland
• Germany
• Hong Kong (midwifery)
• Israel
• Malaysia
• Netherlands
• Norway (nursing)
• Pakistan
• Portugal
• Singapore
• South Africa
• Republic of Korea (South Korea)
• Spain
• Sweden

A detailed review will determine whether additional testing or bridging is needed.

Unlikely to Meet Standards (Additional Steps Required)

Qualifications from the countries below are generally not considered equivalent. Most applicants in this group will need to complete the Outcomes-Based Assessment (OBA) or undertake an approved bridging or transition program in Australia.

• Afghanistan
• Albania
• Argentina
• Austria
• Bahrain
• Bangladesh
• Barbados
• Belgium (Walloon region)
• Bhutan
• Bosnia
• Botswana
• Brazil
• Brunei
• Bulgaria
• Cambodia
• Cameroon
• Chile
• China
• Colombia
• Cyprus
• Egypt
• Estonia
• Ethiopia
• Fiji
• Former Yugoslav Republic of Macedonia
• France
• Georgia
• Ghana
• Greece
• India
• Iran
• Iraq
• Italy
• Jamaica
• Japan
• Jordan
• Kenya
• Lebanon
• Lithuania
• Macedonia
• Malawi
• Malta
• Morocco
• Myanmar
• Namibia
• Nepal
• Nigeria
• Oman
• Occupied Palestinian Territory
• Papua New Guinea
• Peru
• Philippines
• Poland
• Romania
• Russia
• Rwanda
• Samoa
• Saudi Arabia
• Serbia
• Slovenia
• Solomon Islands
• Sri Lanka
• Swaziland (now Eswatini)
• Switzerland
• Sudan
• Taiwan
• Thailand
• Tonga
• Turkey
• Uganda
• Ukraine
• United Arab Emirates
• Zambia
• Zimbabwe
  

Applicants in this category typically need to complete the Outcomes-Based Assessment (OBA) pathway, which includes:

• NCLEX-RN-style multiple-choice exam
• Objective Structured Clinical Examination (OSCE) conducted in Australia

Alternatively, you may complete an Approved Program of Study in Australia, such as a bridging or transition program to meet the NMBA’s registration standards.

Step-by-Step Pathway to Becoming a Nurse in Australia

1. Review NMBA registration standards
2. Complete the Self-Check on Ahpra’s website
   This determines if you fall under Stream A, B or C.
3. Follow the pathway:
   • Stream A: Equivalent → Orientation + documentation
   • Stream B: Relevant but not equivalent → OBA (exams + portfolio)
   • Stream C: Not equivalent → Bridging or further study
4. Apply for NMBA registration via Ahpra, ensuring you meet all requirements
5. Apply for an Australian visa through the Department of Home Affairs
   • Skilled Migration, Employer-Sponsored, or Student Visa
6. Secure employment
   • Registration is required before starting work.
7. Relocate and begin work in Australia

ANMAC vs NMBA – Know the Difference

• ANMAC assesses your qualifications/work experience for visa/migration purposes.
• NMBA (via Ahpra) handles professional registration.

You must pass both if you plan to migrate and practice.

Fees for Nurses and Midwives (October 2025)

Application Fees

• General registration: AU$ 332
• Recent graduates (approved Australian programs): AU$ 97
• Non-practising: AU$ 39
• Fast-track application: AU$ 60

Annual Registration Renewal

• General: AU$ 193 (NSW: AU$ 189)
• Non-practising: AU$ 39

IQNM Fees

• Assessment & Orientation: AU$ 410
• NCLEX-RN Score Transfer: AU$ 250
• OSCE: AU$ 4,000
• Preliminary review: AU$ 575
• Tertiary review: AU$ 2,500

If you need assistance with your nursing visa, employer sponsorship, or other work-related visa options, get in touch with our team of experienced immigration lawyers and registered migration agents at Work Visa Lawyers.

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How to Create an ImmiAccount: Step-by-Step Guide

Step 1: Visit the Official ImmiAccount Website

Go to the Australian Department of Home Affairs website.

Important: Always ensure you're on the official government website to avoid scams. The URL should start with: https://immi.homeaffairs.gov.au

Creating an ImmiAccount is essential for applying for Australian visas, citizenship, or accessing immigration services online.

Step 2: Click on “Create ImmiAccount”

On the login page, you’ll see the “Create ImmiAccount” button. Click on it to begin your registration.
Visit: https://online.immi.gov.au/lusc/login

Enter your valid email address to receive a verification code.

Once you receive the code, enter it and click “NEXT” to proceed.

Step 3: Select Your Account Type and Enter New User Details

You will be prompted to choose between:

• Individual – for personal visa applications
• Organisation – for companies or registered migration agents
  
  

Enter the following New User Details:

• First and last name
• Contact number

Tip: Ensure these match your identity documents for a smoother visa application process.

Step 4: Account Details

Login Details:

Create a Username and Password
Choose a secure username and password. Typical password requirements include:

• At least 14 characters
• A mix of uppercase and lowercase letters
• Numbers and special characters

Set Security Questions

Select and answer security questions. These will be used if you ever need to recover your account.

Review and Accept Terms

Read the terms and conditions carefully.
Tick the checkbox to accept them and continue.

Step 5: Multi-Factor Authentication (MFA)

Before your account is fully created, you must set up Multi-Factor Authentication (MFA). This adds an extra layer of security to prevent unauthorized access and cyberattacks.

Tip: Ensure your email and mobile number are accessible during this step.

Steps to Enable MFA:

• Download the Microsoft Authenticator App
  Available on Google Play (Android) or App Store (iOS)
• Scan the Generated QR Code
  Open the app and scan the QR code shown on the ImmiAccount setup screen
• Enter the 6-Digit Authentication Code
  The app will display a 6-digit code. Enter it into the ImmiAccount page to verify.
  
  

This ensures your account remains secure and accessible only by you. Keep your mobile device safe and handy for future logins.

Step 6: Log in – ImmiAccount Has Been Created Successfully

You’ve now successfully created your ImmiAccount.
Go to https://online.immi.gov.au/lusc/login to log in using your new credentials.

You can now:

• Apply for or manage visa applications
• Upload documents
• Receive status updates and official correspondence

ImmiAccount is your personal dashboard for all interactions with the Australian Department of Home Affairs.

How Can Work Visa Lawyers Assist You?

If you're seeking help from a Registered Migration Agent or Immigration Lawyer to guide your visa application, Work Visa Lawyers is here to help.

Since 2011, we’ve assisted thousands of applicants — individuals, families, and businesses — in securing Australian visas.

Our experienced legal team offers:

• Honest advice
• Strategic preparation
• Ongoing support tailored to your situation

Contact us today to take the next step toward your Australian visa.

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The Administrative Review Tribunal (ART) has officially replaced the Administrative Appeals Tribunal (AAT) as of October 14, 2024. This significant change aims to streamline the independent merits review process, making it more efficient and accessible for individuals navigating Australia’s migration system.

Transitioning Your Appeal

If you had a visa refusal and submitted your application for review with the AAT on or before October 13, 2024, there's no need for any action on your part. Your case will automatically transfer to the new Tribunal, and your appeal will continue at the ART until a decision is reached. Should the decision be unfavorable, you may have the option to appeal the ART’s decision in court through judicial review.

It’s crucial to note that applying for judicial review does not automatically extend your bridging visa. Therefore, ensure you lodge a bridging visa application before your current visa expires.

What If You Just Received a Visa Refusal?

Receiving a visa refusal can be disheartening, and it’s understandable to feel confused about your next steps. Depending on your circumstances, you may have the right to appeal the decision. Your visa refusal letter typically outlines whether you have merits review rights.

To appeal a decision by the Department of Home Affairs, visit the Administrative Review Tribunal (ART) website to submit your application. Be mindful of the time limits specified in your refusal letter, as delays can jeopardize your application’s validity. Timeliness is critical when appealing decisions.

Once you’ve lodged your appeal with the ART, you will generally receive a bridging visa, allowing you to remain in Australia while awaiting a decision.

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Do You Need Help Appealing an Australian Visa Refusal?

If you have had a Student Visa refusal, a Partner Visa refusal, a Training Visa refusal, or any other visa refusal and need assistance to appeal your visa refusal, please contact us.

You can book an appointment online or call us at (+61) 8 8351 9956.

Our team of experienced Immigration Lawyers and Migration Agents looks forward to assisting you with your visa application.

Based in Adelaide, South Australia, we provide Australian immigration advice to people and businesses from all over the world.

Sources:

https://www.art.gov.au/

https://www.homeaffairs.gov.au/

In a historic decision, the High Court recently published its unanimous ruling on indefinite immigration detention. The decision was unanimous, by seven high court judges. The case is NZYQ v Minister for Immigration, Citizenship and Multicultural Affairs [2023] HCA 37 (28 November 2023).

The High Court ruled that it is unlawful to detain a person indefinitely, in circumstances where there are no real prospects of removing them from Australia. The case involved a stateless individual to whom Australia owed protection, being not a citizen of any country, and with no available country willing to resettle him.

The court examined sections 189(1) and 196(1) of the Migration Act, finding that they exceeded the Commonwealth's power.

The High Court emphasized that the Executive lacks the authority to impose criminal punishment, which falls under the jurisdiction of the Australian courts. Consequently, the court deemed indefinite detention as a form of punishment beyond the government's constitutional power, making it unlawful.

What are the facts of this case? 

The applicant is a Rohyingya Muslim who arrived in Australia by boat in 2012 and was granted a bridging visa in 2014. Later found guilty of a sexual offense against a child, he was sentenced to 5 years imprisonment. 

During this time, he applied for a Protection visa, and it was found that he is a person Australia owes protection obligations because he has a well-founded fear of persecution. Ultimately the protection visa wasn't granted because of his criminal conviction.  

After being released on parole in 2018, he was taken into immigration detention. In April 2023, he appealed to the High Court arguing his continuing detention was not authorised. 

On 30 May 2023, both parties in this case agreed to 2 very important facts:  

1.  The applicant cannot be removed from Australia.

2.  There is no real prospect of the applicant being removed from Australia in the reasonably foreseeable future.  

The High Court decided that the applicant's detention has been unlawful since 30 May 2023, and ordered his release. 

The applicant is a stateless person, to whom Australia owes protection. He is not a citizen of any country, and no country will resettle him. 

Why is it unlawful? 

According to the Australian Constitution, an unlawful non-citizen can only be kept in immigration detention for a legitimate, non-punitive purpose.  

Indefinitely detaining those who cannot be legally removed from Australia, was said to be punitive (i.e. punishment) rather than for a legitimate purpose.  

The Executive (government departments and ministers) do not have the power to impose criminal punishment. Instead that power rests with the Australian courts. 

The High Court decided that indefinite detention is a form of punishment that goes beyond the government's power and is therefore unlawful.  

What now? 

The Federal Government reacted very quickly in response to this significant decision. Immigration Minister Andrew Giles quickly introduced a Bill, which passed, which imposes strict conditions on Bridging visas granted to those who have been released.  This includes requiring them to always wear a monitoring device, follow a curfew, and report regularly.

As the Federal Government moves to enforce these new laws, legal challenges are anticipated. The High Court is expected to consider and assess the constitutionality of these laws, setting the stage for potential updates and developments in the near future.

Sources:

https://www8.austlii.edu.au/cgi-bin/viewdoc/au/cases/cth/HCA/2023/37.html

How can Work Visa Lawyers help?

Our team of experienced Immigration Lawyers and Migration Agents look forward to assisting you with your potential visa application(s).

Based in Adelaide, South Australia, we provide Australian Immigration advice to people and businesses from all over the world.

You can book an appointment online or call us at (+61) 8 8351 9956.