Migration Amendment Regulations 2002 (No. 9)

Administered by Department of Home Affairs

Legislation au F2002B00354 Regulations Not in force Legislative Instrument

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Migration Amendment Regulations 2002 (No. 9) 2002 No. 347

EXPLANATORY STATEMENT

STATUTORY RULES 2002 No. 347

Issued by the Minister for Immigration and Multicultural and Indigenous Affairs

Migration Act 1958

Migration Amendment Regulations 2002 (No. 9)

Subsection 504(1) of the Migration Act 1958 (the Act) provides that the Governor-General may make regulations, not inconsistent with the Act, prescribing all matters which by the Act are required or permitted to be prescribed or which are necessary or convenient to be prescribed for carrying out or giving effect to the Act.

In addition, the following provisions may apply:

•       subsection 46(2) of the Act provides that an application for a visa is valid if it is an application for a visa of a class prescribed for the purposes of this subsection, and under the regulations, the application is taken to have been validly made;

•       subsection 46(3) of the Act provides that the regulations may prescribe criteria that must be satisfied for an application for a visa of a specified class to be a valid application; and

•       subsection 46(4) of the Act provides that, without limiting subsection 46(3), the regulations may also prescribe the circumstances that must exist for an application for a visa of a specified class to be a valid application, and how and where an application for a visa of a specified class must be made.

The purpose of the Regulations is to amend the Migration Regulations 1994 to require nationals and residents of gazetted foreign countries to make applications for certain visas to gazetted addresses. This allows, in emergency situations which make it difficult or impossible to lodge applications in certain countries, certain visa applications to be made at a different address.

Details of the Regulations are set out in the attachment.

The Regulations commence on gazettal.

0211923A-021212Z

ATTACHMENT

Regulation 1 - Name of Regulations

This regulation provides that these Regulations are the Migration Amendment Regulations 2002 (No. 9).

Regulation 2 - Commencement

This regulation provides that these Regulations commence on gazettal.

Regulation 3 - Amendment of Migration Regulations 1994

This regulation provides that Schedule 1 to these Regulations amends the Migration Regulations 1994 (the Migration Regulations).

Schedule 1 - Amendment

Item [1] - After regulation 2.10

This item inserts new regulation 2.10AA in Part 2 to the Migration Regulations.

New regulation 2.10AA provides that despite regulation 2.10 (about where applications for visas must be made), and any provision in Schedule 1 listing the requirements to make a valid visa application, certain applications must be made by:

•       posting the application (with the correct pre-paid postage) to a post office box address specified for the visa by Gazette Notice; or

•       having the application delivered by a courier service to an address specified for the visa by Gazette Notice.

This regulation only applies to a person who is:

•       outside Australia;

•       a citizen of, or a person residing in, a foreign country which is specified by Gazette Notice; and

•       in that foreign country.

In addition, the regulation only applies to an application for visas specified by Gazette Notice. Internet applications are excluded from the operation of the regulation because they remain unaffected by the emergency situations that these Regulations are intended to cover, such as embassy closures.

Family members residing in the same foreign country specified by Gazette Notice are picked up by these Regulations whether they are nationals of the country or not. However, regulation 2.10AA does not apply to nationals of a gazetted foreign country who are not in that foreign country at the time of making an application for a gazetted visa.

Any visa application made under new regulation 2.10AA is taken to have been made outside Australia. In this way, Schedule 2 criteria applying to applications made outside Australia continue to apply even where the application is posted, or delivered, to an address in Australia.

The amendments are intended to be used where it becomes impracticable, in emergency situations, for a diplomatic, consular or migration office, maintained by or on behalf of the Commonwealth outside Australia, to accept visa applications.

New regulation 2.10AA has been drafted to ensure maximum flexibility to respond to emergency situations, including security threats to migration offices outside Australia. The response to individual emergencies may differ depending on the circumstances prevailing at that time and in that place.

 

Overview

The Migration Amendment Regulations 2002 (No. 9) were enacted to address the need for flexibility in processing visa applications during emergency situations that render it impracticable for diplomatic, consular, or migration offices outside Australia to accept applications. The regulations were issued by the Minister for Immigration and Multicultural and Indigenous Affairs under the authority granted by the Migration Act 1958, specifically Subsection 504(1), which allows for the creation of regulations necessary or convenient for carrying out or giving effect to the Act. The policy objective of these regulations is to provide a contingency plan for the submission of visa applications in the face of unforeseen circumstances, such as security threats or natural disasters, that may disrupt normal operations of Australian diplomatic missions abroad. By enabling applications to be submitted to specified addresses via post or courier, the regulations aim to ensure continuity in the processing of visa applications even in challenging conditions.

Scope and Application

The Migration Amendment Regulations 2002 (No. 9) serve to amend the Migration Regulations 1994 by requiring nationals and residents of specified foreign countries to submit their visa applications to designated addresses in particular emergency situations. This legislative adjustment applies to individuals who are physically outside Australia, citizens or residents of a country listed by Gazette Notice, and present within that country. However, these regulations do not apply to nationals of a gazetted country who are not physically located in that country at the time of application. Notably, internet applications are excluded as they are not impacted by the emergency circumstances these regulations are designed to address, such as the closure of embassies. The regulations allow for flexibility in response to emergencies, with the specific details of the application process, such as the designated addresses for postal or courier submissions, being determined through Gazette Notices. Any visa application submitted under these regulations is considered to have been made outside Australia, thereby maintaining the applicability of criteria for applications made from abroad.

Key Provisions

The Migration Amendment Regulations 2002 (No. 9) primarily amend the Migration Regulations 1994 to facilitate the submission of visa applications from nationals or residents of certain gazetted foreign countries to specified addresses. This amendment is triggered in emergency situations that render the usual submission processes impossible or impractical. Under regulation 2.10AA (new), such applications can be posted to a specified post office box or delivered via a courier service to a designated address, both of which are outlined in a Gazette Notice. This provision applies to individuals who are outside Australia and in a gazetted country at the time of making the application for a gazetted visa. Notably, it does not apply to nationals of the gazetted country who are not physically present in that country at the time of application. These Regulations impose specific obligations on applicants who are nationals or residents of gazetted countries and are outside Australia. They must adhere to the prescribed submission methods outlined in the Gazette Notice, which includes posting the application to a designated post office box or delivering it through a specified courier service. The flexibility of this regulation allows for a tailored response to various emergency situations, ensuring that the submission process remains viable despite external challenges such as security threats or embassy closures. Breaches of the requirements set forth in the new regulation 2.10AA could result in the application being deemed invalid. Such invalidity could potentially impact the processing of the visa application and might lead to delays or rejections. While the Regulations do not explicitly state penalties for non-compliance, the invalidity of an application can be seen as a significant consequence, affecting the applicant's ability to secure the desired visa. The primary focus of these Regulations is to provide a contingency plan for visa applications in emergency situations, thereby ensuring continuity in the visa application process despite external disruptions.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.