Overview

The Australian Citizenship (Permanent Resident Status) Instrument 2017 (F2017L01284), enacted under the Australian Citizenship Act 2007, aims to clarify and update the criteria for determining certain individuals as permanent residents for the purposes of Australian citizenship. This legislative instrument was introduced to address the need for consistency and alignment with existing migration regulations and to accommodate changes in the migration zone, particularly concerning Norfolk Island. The instrument was issued by the Minister for Immigration and Border Protection and operates to ensure that certain New Zealand citizens holding specific visas, as well as individuals present in Norfolk Island or the Territory of Cocos (Keeling) Islands who meet specified requirements, are recognised as permanent residents. This update replaces the previous instrument, IMMI 07/037, with modifications to maintain existing arrangements and ensure alignment with the broader classification of eligible New Zealand citizens and the migration zone changes.

Scope and Application

The Australian Citizenship (Permanent Resident Status) Instrument 2017, made under subsection 5(2) of the Australian Citizenship Act 2007, aims to specify certain individuals who qualify as permanent residents for the purposes of Australian citizenship. This instrument applies to New Zealand citizens who hold or have held a special category visa or a specific special purpose visa, such as those designated for airline crew members or positioning crew members, provided they meet certain requirements and are ordinarily resident in Australia. Additionally, it extends to individuals present in Norfolk Island or the Territory of Cocos (Keeling) Islands, who satisfy specified criteria. The instrument's geographic scope encompasses these specified individuals regardless of their location within Australia or the mentioned territories. The instrument also aligns with the whole-of-government classification of eligible New Zealand citizens and takes into account Norfolk Island's inclusion in the migration zone. This legislative instrument replaces an earlier one, IMMI 07/037, which expired on 1 October 2017, while maintaining similar provisions with necessary amendments.

Key Provisions

The Australian Citizenship Act 2007, as modified by legislative instrument F2017L01284, introduces specific provisions that determine certain individuals to be permanent residents for the purposes of Australian citizenship. Section 5(2) of the Act enables the Minister to determine, through legislative instrument, that individuals holding or having held a special category visa or special purpose visa, or those present in Norfolk Island or the Territory of Cocos (Keeling) Islands, who meet specified criteria, are considered permanent residents. This determination is based on satisfying certain requirements and being present in Australia or the mentioned territories during specified periods (subsection 5(2)). The primary objective of this instrument is to ensure that certain New Zealand citizens holding or having held special category visas or special purpose visas, and who are ordinarily resident in Australia, are recognised as permanent residents (item 1 of Schedule 1). The Act imposes specific obligations on the entities it governs, such as ensuring that individuals who meet the criteria are recognised as permanent residents. For instance, New Zealand citizens who hold or have held a special category visa or special purpose visa, and who satisfy the eligibility criteria, must be acknowledged as permanent residents. Additionally, those present in Norfolk Island or the Territory of Cocos (Keeling) Islands who meet the specified requirements must also be recognised as permanent residents. The legislative instrument maintains consistency with whole-of-government classification of eligible New Zealand citizens, aligning with changes made under the Migration Regulations 1994. It also ensures continuity for individuals who were permanent residents on Norfolk Island prior to the instrument's commencement. Failure to comply with the provisions of the Act and the legislative instrument may result in civil or criminal consequences. However, the specific offences, penalties, or consequences are not detailed within the text of the explanatory statement. The legislative instrument is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, and thus, a Statement of Compatibility with Human Rights is not required. The instrument, IMMI 17/108, came into effect on 1 October 2017, replacing the previous instrument IMMI 07/037 which sunset on the same date.