Overview

The Code of Behaviour for Public Interest Criterion 4022 Instrument, enacted in 2013, was established to address the need for a formalised code of behaviour for applicants seeking a Subclass 050 Bridging (General) visa. This instrument was made under Clause 4.1 of Part 4 to Schedule 4 of the Migration Regulations 1994, which mandates the Minister to approve codes of behaviour for specified visa subclasses. The primary objective of this instrument is to specify the required wording of a code of behaviour that applicants must sign to meet public interest criterion 4022, ensuring compliance with Australian laws, adherence to societal values, and cooperation with the department regarding the resolution of their status. The content of the code was developed following consultations with various stakeholders, including the Department of Prime Minister and Cabinet, the Attorney General’s Department, and the Australian Federal Police, among others.

Scope and Application

The Migration Regulations 1994, specifically Schedule 4, Part 4, Clause 4.1, outlines a code of behaviour that applicants must adhere to in order to meet public interest criterion 4022. This code is particularly relevant to applicants seeking a Subclass 050 Bridging (General) visa, which is a temporary visa granted to individuals while they await the outcome of another visa application or appeal. The purpose of this code is to ensure that applicants commit to complying with Australian laws, uphold values integral to Australian society, and cooperate with the department regarding the resolution of their visa status. The content of this code has been developed through extensive consultation with various departments including the Department of Prime Minister and Cabinet, the Attorney General’s Department, and the Australian Federal Police, as well as other external agencies. Given the nature of the regulation, it is exempt from disallowance, thus no Human Rights Statement of Compatibility is required. The code commenced on 14 December 2014, following the enactment of the Migration Amendment (Bridging Visas – Code of Behaviour) Regulation 2013.

Key Provisions

The main operative sections of this legislation specify the requirements for a code of behaviour that applicants must adhere to in order to meet public interest criterion 4022 (section 3). This code, detailed in the Instrument, is designed to ensure that applicants comply with Australian laws, uphold societal values, and co-operate with the Department in resolving their visa status (section 4). It is particularly relevant for applicants seeking a Subclass 050 Bridging (General) visa. The Instrument details the exact wording that must be signed by the applicant, setting out clear expectations and obligations (section 5). Additionally, it notes the consultations undertaken with various government and external agencies to ensure the code's comprehensiveness and relevance (section 6). The Act imposes several obligations on the parties it governs. Primarily, applicants for a Subclass 050 Bridging (General) visa must sign the specified code of behaviour as a condition of their application (section 4). This code outlines their responsibilities, including adherence to Australian laws, respect for societal values, and willingness to co-operate with the Department for status resolution (section 3). Failure to comply with these obligations can impact the processing and approval of their visa application. Additionally, the code serves as a contractual agreement between the applicant and the Department, outlining mutual expectations and responsibilities (section 5). Breaches of the code of behaviour specified in the Instrument can lead to serious consequences. While the exact civil or criminal penalties are not detailed in the text, violations of the code could result in the denial or revocation of the visa application (section 4). Additionally, non-compliance with Australian laws and societal values as outlined in the code can lead to further legal repercussions, including potential deportation or exclusion from Australia (section 3). The Instrument does not specify maximum penalties but implies that significant consequences follow from not adhering to the stipulated code of behaviour (section 5).