Overview

The Migration Regulations 2007 (F2007L01939) were enacted to clarify the circumstances under which non-citizens holding a Maritime Crew Visa (MCV) can also hold a substantive visa. This legislative instrument was made under the authority of the Migration Act 1958, specifically in response to subsection 82(2AA) which allows for the concurrent holding of certain visas without the cessation of either. The primary objective of this regulation is to specify which classes of substantive visas can be held concurrently with the MCV, thus providing clarity for immigration officers in determining eligibility for additional visa grants. Notably, it excludes Special Purpose visas related to non-military ship crew membership or their dependents from this concurrent holding arrangement. The regulation was enacted to streamline the visa process and ensure that maritime crew members can maintain their work-related visas without unnecessary disruptions.

Scope and Application

The legislative instrument F2007L01939 pertains to the Migration Act 1958 and specifically addresses the concurrent holding of certain substantive visa classes with the Maritime Crew Visa (MCV). This instrument is applicable to non-citizens who hold a MCV and also wish to apply for or hold a substantive visa of a class specified by the Minister via legislative instrument. The instrument clarifies that any class of substantive temporary visa can be held concurrently with the MCV, with the exception of a Special Purpose visa granted on the basis of the visa holder being a crew member on a non-military ship, or a spouse or dependent of such a crew member. This provision aims to guide immigration officers in determining the eligibility of visa holders for additional visas or the granting of a MCV to those already holding another visa. The instrument's reach is national, applying across Australia, and it commenced on 1 July 2007, with no consultation required under the Legislative Instruments Act 2003 as it is considered to be of a minor or machinery nature.

Key Provisions

The key provision of the legislation, section 82(2AA) of the Migration Act 1958, ensures that a maritime crew visa (MCV) held by a non-citizen does not cease to be in effect if a substantive visa for a non-citizen that is of a class specified by the Minister, by legislative instrument, comes into effect (paragraph 2(a)). Similarly, a substantive visa held by a non-citizen that is of a class specified by the Minister does not cease to be in effect if a maritime crew visa for the non-citizen comes into effect (paragraph 2(b)). This means that non-citizens who hold a maritime crew visa can continue to maintain this visa even if they obtain another substantive visa, and vice versa, unless specified otherwise by the Minister. This legislation imposes specific obligations on non-citizens holding a maritime crew visa and other substantive visas. For these non-citizens, the Act ensures that they can maintain both their maritime crew visa and another substantive visa without the former being invalidated by the acquisition of the latter. However, it also specifies that certain substantive temporary visas, specifically Special Purpose visas granted to a person on the grounds that they are a member of the crew on a non-military ship, or a spouse or dependent of a member of the crew, cannot be held concurrently with the maritime crew visa (paragraph 4). The legislation does not explicitly outline offences or penalties for breaches of these provisions. However, any breach of the Migration Act 1958, including failure to comply with the conditions specified by legislative instruments such as this one, may result in civil or criminal consequences. Under the Migration Act, breaches can lead to the cancellation of visas, deportation, or other administrative actions. Additionally, individuals found to be in Australia unlawfully, which could include breaches of visa conditions, may face maximum penalties including fines of up to $33,000 and/or imprisonment for up to two years, as per section 231A of the Act. The specific penalties would depend on the nature and severity of the breach.