EXPLANATORY STATEMENT
Migration Act 1958
- This Direction is made under section 499 of the Migration Act 1958 (‘the Act’).
2. Section 499 of the Act provides that the Minister may give written Directions to a person or body having functions or powers under the Act if the Directions are about the performance of those functions or the exercise of those powers. The Minister must not give Directions that would be inconsistent with the Act or the Migration Regulations 1994. A person or body given a Direction must comply with such a Direction.
3. The purpose of the Direction is to provide assistance to DIMIA decision-makers in assessing the legislative requirements for the grant of a number of Visitor visas, including that a genuine visit is intended, that applicants have access to adequate funds during their stay, that any relevant risk factor criteria are taken into account and, where applicable, circumstances relating to sponsors are taken into account.
4. The Direction applies to the Tourist (Class TR) visa, the Sponsored Family Visitor (Class UL) visa, the Medical Treatment (Visitor) (Class UB) visa and the Temporary Business Entry (Class UC) visa.
5. The Direction replaces a previous instrument (Direction 33) and, in so doing, it removes references to visa classes that ceased to exist after 1 July 2005 and to the Family Visitor Network which ceased to exist from 2 April 2005.
6. Consultation with Legal Services and Litigation Branch and Legal Co-ordination Office was undertaken. No external consultation was undertaken before the instrument was made as the changes are minor or machinery in nature.
7. The instrument commences on 22 June 2005.