A Milestone in Migration and Technology
In an era marked by rapid technological advancements and intense geopolitical competition, the Australian Government introduced the Migration (Critical Technology—Kinds of Technology) Specification (LIN 24/010) 2024, and the Migration (Designated Migration Law—Visa Condition 8208) Determination (LIN 24/009) 2024. These two legislative instruments, enacted under the Migration Regulations 1994 and the Migration Act 1958 respectively, are pivotal in specifying critical technologies within the migration framework.
LIN 24/010
Spotlight on Critical Technology Migration:
LIN 24/010 delineates seven critical technologies:
- Advanced Manufacturing and Materials: Elevating production techniques to futuristic standards.
- Artificial Intelligence (AI): Revolutionizing decision-making processes.
- Biotechnology: Leading advancements in healthcare and agriculture.
- Quantum Technology: Unlocking new frontiers in computing and communication.
- Advanced Information and Communication Tech: Enhancing connectivity and data processing.
- Clean Energy Generation and Storage: Driving sustainable solutions.
- Autonomous Systems and Robotics: Automating tasks for efficiency and safety.
Implications for Visa Applications and National Security
This specification integrates a strategic framework for visa applications, ensuring the transfer of critical technologies aligns with Australia’s national security interests. It meticulously imposes conditions to prevent the risk of unwanted technology transfer, reinforcing Australia’s stance on protecting technological sovereignty amid intensifying global competition.
Protecting Technological Sovereignty
Australia’s approach to managing critical technologies is both proactive and collaborative, engaging with universities, research institutes, and the industry to balance innovation with security. The LIN 24/010 Specification is a cornerstone in this strategy, ensuring the integrity of Australia’s technological advancements and intellectual property.
LIN 24/009
The Migration (Designated Migration Law—Visa Condition 8208) Determination (LIN 24/009) 2024 is a legal instrument established under paragraph 495A(3)(b) of the Migration Act. It is set to take effect on either 1 April 2024 or the day following its registration on the Federal Register of Legislation, whichever comes later.
Its main purpose is to facilitate the use of computer programs under the ministerial control for decisions, exercises of power, or compliance with obligations under the designated migration law. In particular, it designates visa condition 8208 from the Migration Regulations 1994 as part of this law, which relates to the management of student visas, particularly for postgraduate research in critical technology areas. This condition 8208 was introduced as part of legislative amendments in 2022 to prevent the unwanted transfer of critical technologies abroad. It mandates that student visa holders seeking to undertake research in critical technology fields must obtain ministerial approval. This instrument allows for computerised decision-making regarding such studies under visa condition 8208.
Visa condition 8208, PIC 4003B and cancelation powers under paragraph 2.43(1)(c)
The legislative framework establishes a mechanism for targeted pre-visa screening, through the new public interest criterion 4003B. This is complemented by a new visa condition 8208 and a new cancellation power in paragraph 2.43(1)(c) of Part 2 of the Migration Regulations, which provides for appropriately targeted safeguards after the visa grant.
These post-grant safeguards enable additional screening to occur where a student visa holder intends to undertake critical technology related study in the postgraduate research sector and provides for the cancellation of certain visas in circumstances where the visa holder presents an unreasonable risk of unwanted transfer of critical technology.
Activation and Consultation
The LIN 24/010 Specification, as the keystone of Australia’s critical technology screening framework, activates the legislative measures aimed at managing the risk of unwanted technology transfer across certain visa categories. Comprehensive consultations with key stakeholders, including government departments, the higher education sector, and industry peak bodies, have shaped this forward-looking initiative.
For more insights on LIN 24/010 and LIN 24/009’s impacts on technology, education and migration, and how this could impact you and/or your business, please contact the Absolute Immigration Legal team for further advice on how to set up safeguards and mechanisms to protect you and your business, as we apply a forward-thinking lens. We would be very happy to assist. Feel free to reach out to us at admin@absoluteimmigrationlegal.com.