Overview

The Migration Regulations 2009, enacted under the Migration Act 1958, address a specific gap related to the concurrent holding of different visa classes by non-citizens, particularly focusing on the Maritime Crew visa (MCV). The Act, enacted by the Australian Parliament, aims to regulate and manage the entry and stay of non-citizens in Australia, including the conditions under which various types of visas can be held concurrently. The policy objective of this legislative instrument is to clarify which classes of substantive visas can be held alongside the MCV, ensuring that immigration officers have the necessary information to determine visa eligibility and concurrent visa holding. This regulation specifies that any class of substantive temporary visa may be held concurrently with the MCV, except for a Special Purpose visa granted to crew members of non-military ships or their family members. The instrument does not require consultation as it is considered minor and does not substantially alter existing arrangements, as stipulated in section 18 of the Legislative Instruments Act 2003. It commenced on 1 July 2009.

Scope and Application

This legislative instrument applies to non-citizens holding a Maritime Crew visa, or any other substantive visa class specified by the Minister under the Migration Act 1958. The primary focus is on the conditions under which a Maritime Crew visa may be held concurrently with other substantive visas. The Instrument specifies that any class of substantive temporary visa can be held concurrently with the Maritime Crew visa, except for a Special Purpose visa granted on the grounds that the visa holder is a member of the crew on a non-military ship, or a spouse, de facto partner, or dependent of such a crew member. This clarification assists immigration officers in determining whether another visa may be granted to the holder of a Maritime Crew visa, or conversely, when a Maritime Crew visa may be granted to someone already holding another visa. The legislation operates on a national level, applying across the Commonwealth of Australia and is not restricted to any particular state or territory. The instrument does not introduce any exclusions, exemptions, or thresholds beyond those already specified in the Act and its operation is not extended or restricted through subordinate instruments.

Key Provisions

The substantive sections of the legislative instrument (F2009L02362) under the Migration Act 1958 primarily address the circumstances under which Maritime Crew visas (MCV) and other substantive visas can be held concurrently by non-citizens. According to section 82(2AA)(a) and (b), a Maritime Crew visa will remain in effect even if a substantive visa of a specified class comes into effect, and vice versa. This is specified in section 82(2AA) of the Act, which outlines that despite other provisions, certain visas will not cease to be in effect if another specified visa comes into force. The instrument identifies which classes of substantive visas can be held concurrently with an MCV, except for Special Purpose visas issued to crew members on non-military ships or their family members. The obligations imposed by this instrument on the parties involved primarily concern the maintenance of the specified visas without cessation when another specified visa is granted. Immigration officers must consider the provisions of this instrument when determining the eligibility for additional visas for holders of an MCV or when deciding whether an MCV can be granted to someone already holding another visa. The instrument aims to clarify the conditions under which maritime crew members can hold other temporary visas without losing their MCV. Offences and penalties under this instrument are not explicitly detailed in the text, but breaches of the Migration Act generally can lead to significant civil or criminal consequences. For instance, providing false information to obtain a visa can result in a civil penalty of up to $27,500 or criminal penalties, which could include imprisonment. However, this particular instrument, being of a minor or machinery nature, does not introduce new penalties but rather refines the conditions under which certain visas can coexist. The instrument, IMMI 09/058, which was made under the authority of the Act, came into effect on 1 July 2009, and it does not require consultation as it does not substantially alter existing arrangements.