Arrangements for Child Visa Applications 2016/051 (Cth)
ARRANGEMENTS FOR CHILD VISA APPLICATIONS 2016/051
made under Subregulation 2.07(5), Items 1108, 1108A and 1211 of the
Migration Regulations 1994
Compilation No. 2
Compilation date: 17 July 2020
Includes amendments up to: F2020L00920
About this compilation
This compilation
This is a compilation of the Arrangements For Child Visa Applications 2016/051, that shows the text of the law as amended and in force on 17 July 2020 (the compilation date).
The notes at the end of this compilation (the endnotes) include information about amending laws and the amendment history of provisions of the compiled law.
Uncommenced amendments
The effect of uncommenced amendments is not shown in the text of the compiled law. Any uncommenced amendments affecting the law are accessible on the Legislation Register ( The details of amendments made up to, but not commenced at, the compilation date are underlined in the endnotes. For more information on any uncommenced amendments, see the series page on the Legislation Register for the compiled law.
Application, saving and transitional provisions for provisions and amendments
If the operation of a provision or amendment of the compiled law is affected by an application, saving or transitional provision that is not included in this compilation, details are included in the endnotes.
Modifications
If the compiled law is modified by another law, the compiled law operates as modified but the modification does not amend the text of the law. Accordingly, this compilation does not show the text of the compiled law as modified. For more information on any modifications, see the series page on the Legislation Register for the compiled law.
Self‑repealing provisions
If a provision of the compiled law has been repealed in accordance with a provision of the law, details are included in the endnotes.
Commonwealth of Australia
Migration Regulations 1994
ARRANGEMENTS FOR CHILD VISA APPLICATIONS 2016/051
(Subregulation 2.07(5), Items 1108, 1108A and 1211)
I, ALEX HAWKE, Assistant Minister for Immigration and Border Protection, acting under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations) for items 1108 Child (Migrant)(Class AH) , 1108A Child (Residence) (Class BT) and 1211 Extended Eligibility (Temporary) (Class TK) of Schedule 1 to the Regulations:
2.SPECIFY that an application for a Child (Migrant)(Class AH) visa is not a valid visa application if the applicant seeks to meet the requirements in subclause 102.211(2) of Schedule 2 to the Regulations and by claiming to have been adopted in an overseas country at a particular time; and
a.for the purposes of subparagraph 1108(3)(c)(ii) of Schedule 1 to the Regulations, the country listed in Column A of the table in the Schedule to this Instrument; and
b.for the purposes of subparagraph 1108(3)(c)(iii) of Schedule 1 to the Regulations, the period specified in Column B of this Instrument in relation to the country, is the time referred to in paragraph 2 of the Instrument.
3.SPECIFY that an application for a Child (Residence)(Class BT) visa is not a valid visa application if the applicant seeks to meet the requirements in subclause 802.213(5) of Schedule 2 to the Regulations and by claiming to have been adopted in an overseas country at a particular time; and
a.for the purposes of subparagraph 1108A(3)(f)(ii) of Schedule 1 to the Regulations, the country listed in Column A of the table in the Schedule to this Instrument; and
b.for the purposes of subparagraph 1108A(3)(f)(iii) of Schedule 1 to the Regulations, the period specified in Column B of this Instrument in relation to the country, is the time referred to in paragraph 3 of the Instrument.
4 Form, place and manner for making an application
For a class of visa mentioned in column 1 of an item of the following table, for the provision of Schedule 1 to the Regulations mentioned in column 2 of the item, the form mentioned in column 3 is specified and the place and manner mentioned in column 4 for making an application is specified.
| Item | Column 1 | Column 2 | Column 3 | Column 4 |
| Class of visa | Provision of Schedule 1 of the Regulations | Form | Place and manner | |
| 1 | Child (Migrant) (Class AH) Subclass 101 (Child) Subclass 102 (Adoption) Subclass 117 (Orphan Relative) | Item 1108 | 47CH | Application must be: (a) posted to (with correct pre-paid postage): Department of Home Affairs Child and Other Family Processing Centre, Locked Bag 7 NORTHBRIDGE WA 6865 AUSTRALIA; or (b) delivered by courier service to: Department of Home Affairs Child and Other Family Processing Centre, Wellington Central, 836 Wellington Street WEST PERTH WA 6005 AUSTRALIA. |
| 2 | Child (Residence) (Class BT) Subclass 802 (Child) Subclass 837 (Orphan Relative) | Item 1108A | 47CH | Application must be: (a) posted to (with correct pre-paid postage): Department of Home Affairs Child and Other Family Processing Centre, Locked Bag 7 NORTHBRIDGE WA 6865 AUSTRALIA; or (b) delivered by courier service to: Department of Home Affairs Child and Other Family Processing Centre, Wellington Central, 836 Wellington Street WEST PERTH WA 6005 AUSTRALIA. |
| 3 | Extended Eligibility (Temporary) (Class TK) Subclass 445 (Dependent Child) | Item 1211 | 918 | (a) An application by a dependent child of a holder of a Subclass 309, 310, 445, 820 or 826 visa in Australia must be made by: (i) posting the application (with the correct pre-paid postage) to: Department of Home Affairs Child and Other Family Processing Centre, Locked Bag 7 NORTHBRIDGE WA 6865 AUSTRALIA; or (ii) delivering the application by courier service to: Department of Home Affairs Child and Other Family Processing Centre, Wellington Central, 836 Wellington Street WEST PERTH WA 6005 AUSTRALIA. (b) An application by a dependent child of a holder of a Subclass 309, 310, 445, 820 or 826 visa outside Australia, must be made outside Australia |
Note 1: Paragraph 2.10(2)(a) of the Regulations provides that if an application for a visa is made outside Australia, it must be made in accordance with the requirements of Division 2.2 or the item in Schedule 1 of the Regulations that relates to that visa, about where to make the application.
Note 2: Paragraph 2.10(2)(b) of the Regulations provides that where there are no requirements of that kind, the application must be made at a diplomatic, consular or migration office maintained by or on behalf of the Commonwealth outside Australia.
This Instrument, Arrangements for Child Visa Applications 2016/051, IMMI 16/051, commences the day after it is registered on the Federal Register of Legislation.
Alex Hawke
THE HON ALEX HAWKE MP
Assistant Minister for Immigration and Border Protection
SCHEDULE
Column A
COUNTRY
Column B
SPECIFIED PERIOD
Pakistan
No limitation on time period
Endnotes
Endnote 1—About the endnotes
The endnotes provide information about this compilation and the compiled law.
The following endnotes are included in every compilation:
Endnote 1—About the endnotes
Endnote 2—Abbreviation key
Endnote 3—Legislation history
Endnote 4—Amendment history
Abbreviation key—Endnote 2
The abbreviation key sets out abbreviations that may be used in the endnotes.
Legislation history and amendment history—Endnotes 3 and 4
Amending laws are annotated in the legislation history and amendment history.
The legislation history in endnote 3 provides information about each law that has amended (or will amend) the compiled law. The information includes commencement details for amending laws and details of any application, saving or transitional provisions that are not included in this compilation.
The amendment history in endnote 4 provides information about amendments at the provision (generally section or equivalent) level. It also includes information about any provision of the compiled law that has been repealed in accordance with a provision of the law.
Misdescribed amendments
A misdescribed amendment is an amendment that does not accurately describe the amendment to be made. If, despite the misdescription, the amendment can be given effect as intended, the amendment is incorporated into the compiled law and the abbreviation “(md)” added to the details of the amendment included in the amendment history.
If a misdescribed amendment cannot be given effect as intended, the abbreviation “(md not incorp)” is added to the details of the amendment included in the amendment history.
Endnote 2—Abbreviation key
o = order(s) ad = added or inserted Ord = Ordinance am = amended orig = original amdt = amendment par = paragraph(s)/subparagraph(s) c = clause(s) /sub‑subparagraph(s) C[x] = Compilation No. x pres = present Ch = Chapter(s) prev = previous def = definition(s) (prev…) = previously Dict = Dictionary Pt = Part(s) disallowed = disallowed by Parliament r = regulation(s)/rule(s) Div = Division(s) exp = expires/expired or ceases/ceased to have reloc = relocated effect renum = renumbered F = Federal Register of Legislation rep = repealed gaz = gazette rs = repealed and substituted LA = Legislation Act 2003 s = section(s)/subsection(s) LIA = Legislative Instruments Act 2003 Sch = Schedule(s) (md) = misdescribed amendment can be given Sdiv = Subdivision(s) effect SLI = Select Legislative Instrument (md not incorp) = misdescribed amendment SR = Statutory Rules cannot be given effect Sub‑Ch = Sub‑Chapter(s) mod = modified/modification SubPt = Subpart(s) No. = Number(s) underlining = whole or part not commenced or to be commenced Endnote 3—Legislation history
Name Registration Commencement Application, saving and transitional provisions ARRANGEMENTS FOR CHILD VISA APPLICATIONS 2016/051 5 September 2016
(F2016L01389)
6 September 2016 Migration (LIN 20/049: Arrangements for child visa applications) Amendment Instrument 2020 30 March 2020
(F2020L00349)
1 April 2020 (s 2) — Migration (LIN 20/179: Arrangements for child visa applications) Amendment Instrument 2020. 16 July 2020
(F2020L00920)
17 July 2020 — Endnote 4—Amendment history
Provision affected How affected s 1 rep LA 48C s 4 rs F2020L00349
am F2020L00920s 5 rep F2020L00349
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0
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