The questions that come up, answered from the instrument.

Condition 8607 in Schedule 8 to the Migration Regulations 1994 starts with the occupation, then deals with the employer. Subclause (1) provides that the holder must work only in the occupation (the nominated occupation) nominated by the nomination identified in the application for the most recent Subclass 482 (Skills in Demand) visa granted to the holder.

Subclause (2) then fixes who the work may be for, and it differs by stream. In the Labour Agreement stream the holder must work only for the person who nominated the nominated occupation. In the Specialist Skills or Core Skills stream, where the nominator was an overseas business sponsor when the nomination was approved, the holder must work only in a position in the person’s business.

The occupation is fixed by the most recent 482 granted. A change of duties can breach the condition even where the employer has not changed.

They are different conditions and they are drafted differently. Condition 8107 is expressed as a prohibition: where the visa was granted to enable the holder to be employed in Australia, the holder must not cease to be employed by the employer in relation to which the visa was granted, work in a position or occupation inconsistent with the one the visa was granted for, or engage in work for another person while undertaking that employment.

Condition 8607 is expressed as a positive requirement tied to the nominated occupation on the most recent Subclass 482 (Skills in Demand) visa, with the employer requirement varying by stream.

The grant notice states which condition is on a particular visa.

For a nomination lodged between 1 July 2026 and 30 June 2027 the Core Skills Income Threshold and the Temporary Skilled Migration Income Threshold are each $79,423, and the Specialist Skills Income Threshold is $146,576.

The figure printed in regulation 1.03 is not the operative one. Regulation 5.42A replaces the amounts in those definitions every 1 July without rewriting the text of regulation 1.03, and regulation 5.42A(5) requires the Secretary to publish the replacement amount on the Department’s website. Compilation No. 288 still reads core skills income threshold means $73,150.

Condition 8608 mirrors the structure of 8607 for the Skilled Employer Sponsored Regional (Provisional) visa. Subclause (1) requires the holder to work only in the occupation (the nominated occupation) nominated by the nomination identified in the application for the most recent Subclass 494 … visa granted to the holder.

Under subclause (2), in the Employer Sponsored stream the holder must work only in a position in the nominator’s business or a business of an associated entity of the person. In the Labour Agreement stream the holder must work only for the person who nominated the nominated occupation.

Yes, on the list made by the Migration (Designated Areas) Instrument 2026 (LIN 26/004), which commenced on 22 September 2026. The Queensland entry excludes the Brisbane metropolitan area and lists postcodes 4019 to 4028, 4037 to 4050, 4079 to 4100, 4114, 4118, 4124 to 4150, 4158 to 4168 and 4180 to 4899. Gold Coast postcodes fall inside the last of those ranges.

Condition 8549 requires the holder to live, study and work only in a designated area as in force when the visa was granted, or where more than one visa has carried the condition, when the first of them was granted. A later remake of the instrument does not move an existing holder onto the new list.

Clause 191.222 of Schedule 2 requires the applicant to have provided copies of notices of assessment, and any notices of amended assessments, given to the applicant under the Income Tax Assessment Act 1936 in relation to 3 relevant income years for the applicant, and that the applicant’s taxable income for each of those relevant income years is at least equal to the amount specified in an instrument made under subclause (3).

The criterion is framed around notices of assessment, which exist only once an income year has ended and been assessed. The dollar figure is set by legislative instrument rather than in the clause, so the current amount is read from the instrument in force.

The whole of condition 8503 is one sentence: The holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa, while the holder remains in Australia.

It bites only after the holder has entered Australia, and it carves out a protection visa and no other class. A waiver is a separate question, governed by regulation 2.05.

Condition 8202 has three limbs for an ordinary student. The holder must be enrolled in a full-time registered course. The holder must maintain enrolment in a course that, once completed, will provide a qualification from the Australian Qualifications Framework that is at the same level as, or at a higher level than, the registered course in relation to which the visa was granted. And the holder must ensure the provider has not certified them as not achieving satisfactory course progress or satisfactory attendance.

Moving to a lower-level course can breach the condition even where the holder remains enrolled full time.

Condition 8547 is one sentence: The holder must not be employed by any 1 employer for more than 6 months, without the prior permission in writing of the Secretary.

The prohibition is qualified by the permission. Six months with a single employer is a breach where no prior written permission of the Secretary has been given, and the permission has to come first. Condition 8548 sits beside it and limits studies or training to four months.

Regulation 2.08 does it automatically. Where a non-citizen applies for a visa and, after the application is made, but before it is decided, a child is born to them, the child is taken to have applied for a visa of the same class at the time he or she was born and the child’s application is taken to be combined with the non-citizen’s application.

The criteria still have to be met. Subregulation (2) provides that, despite any provision in Schedule 2, the child must satisfy the criteria to be satisfied at time of decision, and at time of decision must satisfy any time-of-application criterion requiring that an applicant be sponsored, nominated or proposed. A contributory parent newborn child is dealt with separately, under regulations 2.07AL and 2.08AA.

Section 78 of the Migration Act 1958 grants one by operation of law. Where a child born in Australia is a non-citizen at birth and, at the time of the birth, one parent holds a visa other than a special purpose visa and the other parent is included in that visa or holds no visa, the child is taken to have been granted, at the time of the birth, a visa of the same kind and class and on the same terms and conditions (if any) as that visa.

Two consequences follow from the words terms and conditions. The child takes the parent’s conditions, including any condition 8503 or 8534, and the child takes the parent’s expiry date. Section 78 answers a different question from regulation 2.08: section 78 is about a parent who holds a visa, regulation 2.08 about a parent whose application is still pending.

Direction 110 until 31 October 2026. The Department’s legislation database records Direction 123 as signed on 18 September 2026, commencing on 31 October 2026, with the status not in effect, and revoking Direction no. 110.

A delegate deciding before 31 October 2026 decides under Direction 110. The Tribunal applies the direction in force when it makes its own decision, so a review decided on or after that date falls under Direction 123 even where the delegate applied Direction 110.

Yes. The Administrative Review Tribunal (Use of Generative AI) Practice Direction 2026, made on 20 August 2026, commences and has effect from the date it is signed and applies to all applications whether lodged before, on or after this date.

It reaches non-legal representatives as well as lawyers. Three obligations bear directly on how a review is run: a person must disclose if and how generative AI was used if the Tribunal requires it, must be able to explain what was done to check the output, and must not rely only on a Generative AI tool to verify that tool’s own output.

$3,727 for a reviewable migration decision and $2,293 for a reviewable protection decision, from 1 July 2026. A 50 per cent reduction of the migration fee may be granted on financial hardship grounds.

The trigger is payment, not lodgement. The Tribunal states that the new fees apply to any application fee paid on or after 1 July 2026, even if the application was lodged prior to that date.