Ministerial Submission MS24-000053 - Home Affairs Legislation (minister—decision-Making Powers For Immigration Group And National Security And Resilience Group) Amendment (resolution Of Status Visa…

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This ministerial submission from August 2024 sought approval to delegate the Minister's power to issue certificates under Migration Regulations 1994 sub-regulation 2.07AQ(3A) for Resolution of Status (Class CD) visa applicants. The delegation would permit SES Band 1 and 2 officers in Immigration Policy Division and Immigration Compliance Division, plus any SES Band 3 position holder in the Immigration Group, to issue certificates confirming individuals have been released from, not taken into, or could not be taken into immigration detention pursuant to the High Court's *Love v Commonwealth* decision (2020). The proposed instrument (ADMIN 24/006) would amend the existing 2021 delegation instrument (ADMIN 21/051), expanding decision-making authority for this specific visa cohort to senior executive service staff rather than requiring ministerial sign-off for each certificate.