EXPLANATORY STATEMENT
Issued by authority of the Minister for Immigration, Citizenship and Multicultural Affairs
Migration Regulations 1994
Migration (Arrangements for Pacific Engagement Visa Applications) Instrument (LIN 24/012) 2024
1 The instrument, departmental reference LIN 24/012, is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Migration Regulations) for the purposes of item 1140 and subitem 1140(3) of Schedule 1 to the Migration Regulations.
2 The instrument commences on the day after the instrument is registered. It is a legislative instrument for the Legislation Act 2003 (the Legislation Act).
Purpose
3 Subregulation 2.07(5) of the Migration Regulations provides that if an item of Schedule 1 to the Migration Regulations prescribes criteria or requirements by reference to a legislative instrument made under that subregulation, the Minister may, by legislative instrument, specify the following:
- an approved form for making an application for a visa of a specified class;
- the way in which an application for a visa of a specified class must be made;
- the place at which an application for a visa of a specified class must be made;
- any other matter.
4 The Subclass 192 (Pacific Engagement) visa (Subclass 192 visa) is a new permanent visa that provides for permanent residence in Australia for citizens of a number of Pacific island countries and Timor-Leste, and members of their family units.
5 Subitem 1140(1) of Schedule 1 to the Migration Regulations provides that the form for making an application for a Pacific Engagement (Class PA) visa is the approved form specified by the Minister in a legislative instrument made under subregulation 2.07(5). Subitem 1140(3) provides that an application must be made at the place and in the manner (if any) specified by the Minister in a legislative instrument made under subregulation 2.07(5). The purpose of this instrument is to specify the approved form for making a valid application for the Subclass 192 visa and the manner in which that application must be made.
6 Specifically, the instrument provides that a valid visa application for the Subclass 192 visa must be made using either form 1556 (Internet) or form 1556. Where the application is made using form 1556 (Internet), the application must be made online through ImmiAccount. An application on form 1556, which is not an Internet form (ie. it is not a set of questions in an interactive form made available via ImmiAccount) may only be made where an applicant has received written notice from the Department, in the manner specified in the instrument. Where an applicant has received a written notice from the Department, the application must be made using form 1556 and the application must be sent via email to the Immigration email address set out in the written notice. The specification of form 1556 is intended, for example, to provide access to an alternative to form 1556 (Internet) in the event that of a protracted or unexpected ImmiAccount outage.
Consultation
7 The Office of Impact Analysis (OIA) was consulted and advised that the instrument is implementing a previous decision of Government and no further analysis is required. The OIA reference number is OBPR22-02320.
8 Further consultation in the development of the instrument was not considered necessary as the operation of the instrument is minor or machinery in nature and similar to existing arrangements elsewhere in the Migration Regulations.
Details of the instrument
9 Section 1 sets out the name of the instrument.
10 Section 2 provides the instrument commences on the day after the instrument is registered.
11 Section 3 sets out the authority under which the instrument is made.
12 Section 4 sets out the definitions of terms used in this instrument:
- ImmiAccount means the interactive portal for online services available through the Department’s website at https://immi.homeaffairs.gov.au.
- Internet form means a form mentioned in paragraph 1.18(2)(b) of the Migration Regulations.
- Migration Regulations means the Migration Regulations 1994.
- written notice means an email from Immigration to a person that:
(a) authorises the person to make an application using an approved form specified in paragraph 5(1)(b); and
(b) includes an Immigration email address and instructions to the person setting out how to send the form to that email address.
13 Section 5 sets out the manner and form that Subclass 192 visa applications must be made. It requires that a Subclass 192 visa application must be made using form 1556 (Internet) or form 1556. If form 1556 (Internet) is used in making the visa application, the application must be made through ImmiAccount. If form 1556 is used, the application must be made by sending the application via email to the departmental email address set out in the written notice. An application made using form 1556 will only be valid if the applicant has received a written notice from the Department authorising them to make an application using an approved form. That application must be made by sending the application by email to the email address set out in the written notice. An example of when a written notice may be sent by the Department is in the event of an ImmiAccount systems outage.
Parliamentary scrutiny etc.
14 The instrument is exempt from disallowance under section 42 of the Legislation Act. This is because an instrument made under Part 2 of the Migration Regulations is prescribed as exempt under paragraph 20(b) in the table under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015.
15 As the instrument is exempt from disallowance, a Statement of Compatibility with Human Rights is not required.
16 The instrument was made by a delegate of the Minister for Immigration, Citizenship and Multicultural Affairs, under subregulation 2.07(5) of the Migration Regulations.