Migration Amendment (Protecting Australia’s Critical Technology) Regulations 2022, dated 31 March 2022 amends the Migration Regulations 1994 to create new public interest criteria, visa conditions and visa cancellation grounds regarding an unreasonable risk of an unwanted transfer of critical technology by the holder or the applicant of the visa.

The instrument makes the following amendments:

• Creates a Public Interest Criterion (PIC) 4003A giving the Minister the power to refuse to grant certain visas if there is an unreasonable risk of unwanted transfer of critical technology by the visa applicant.
• Inserts condition for student visa holders (subclass 500) studying, or intending to undertake, higher education studies that they must not change their course of study, thesis or research topic, unless the Minister is satisfied that there is not an unreasonable risk of unwanted transfer of critical technology by the visa holder and the Minister approves the change in writing.

The instrument also inserts PIC 4003B which states that Minister has not determined that there is an unreasonable risk of an unwanted transfer of critical technology by the applicant. It will be applicable to the primary as well as the secondary applicant where the primary applicant's course of study or intended course of study is a postgraduate research course.  

• Inserts a visa cancellation ground

  where the Minister is satisfied that there is an unreasonable risk of unwanted transfer of critical technology by the visa holder.  Cancellation will be discretionary for ‘relevant visas’ (certain protection visas and related bridging visas), but mandatory for all other types of visa.

A visa applicant must meet PIC 4003B for the following visa subclasses:

• Global Talent Independent Program
• Employer Nomination Scheme (subclass 186)
• Regional Sponsored Migration Scheme (subclass 187)
• Skilled Independent Visa (subclass 189)
• Distinguished Talent visa (subclass 858)
• Skilled Regional Permanent Visa (subclass 191)
• Temporary Short Stay Visa (subclass 400)
• Training visa (subclass 407)
• Temporary Skill Shortage Visa (subclass 482)
• Skilled Employer Sponsored Regional Visa (subclass 494)
• Temporary Graduate visa (subclass 485)

The instrument is registered on the Federal Register of Legislation on 5 April 2022. The amendments containing measures relating to student visa holders, commences on 1 July 2022. The other part of the instrument relating to other visa holder commences after 1 July 2022 on a date to be determined via notifiable instrument made by the Minister. To access the instrument, click here.