EXPLANATORY STATEMENT
Issued by authority of the Minister for Immigration, Citizenship and Multicultural Affairs
Migration Regulations 1994
Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Amendment Instrument (LIN 23/013) 2023
1 The instrument, Departmental reference LIN 23/013, is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations).
2 The instrument amends Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Instrument 2020 (LIN 20/169) in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the Acts Interpretation Act). That subsection provides that a power to make a legislative instrument includes a power to amend or repeal that instrument in the same manner, and subject to the same conditions, as the power to make the instrument.
3 The instrument commences on the day after it is registered on the Federal Register of Legislation and is a legislative instrument for the Legislation Act 2003 (the Legislation Act).
Purpose
4 The purpose of the instrument is to update the eligibility for certain classes of applicants to make an application for Temporary Protection (Class XD) visa and Safe Haven Enterprise (Class XE) visa.
Consultation
5 No consultation was undertaken as the amendments do not substantially alter existing arrangements. This accords with subsection 17(1) of the Legislation Act.
6 The Office of Best Practice Regulation (OBPR) was consulted and considered that the instrument dealt with matters of a minor nature and no regulatory impact statement was required. The OBPR reference number is 22-03808.
Details of the instrument
7 Section 1 sets out the name of the instrument.
8 Section 2 provides that the instrument will commence on the day after it is registered on the Federal Register of Legislation.
9 Section 3 provides that LIN 20/169 is amended as set out in Schedule 1 to the instrument.
10 Item 1 of Schedule 1 contains the entire amendment, substituting sections 9 and 10.
11 Section 9 will now provide that, for item 1403 of Schedule 1 to the Regulations, an application for a Temporary Protection (Class XD) visa by an applicant who does not hold, and has not held, a Temporary Protection (Class XD) visa or a Safe Haven Enterprise (Class XE) visa must be made using the form 866 in internet or paper format and either as an internet application or posted with sufficient postage to the specified departmental address in Sydney.
12 Section 10 will now provide that, for item 1404 of Schedule 1 to the Regulations, an application for a Safe Haven Enterprise (Class XE) visa by an applicant who does not hold, and has not held, a Temporary Protection (Class XD) visa or a Safe Haven Enterprise (Class XE) visa must be made using the form 866 in internet or paper format and either as an internet application or posted with sufficient postage to the specified departmental address in Sydney.
Parliamentary scrutiny etc.
13 The instrument is exempt from disallowance under section 42 of the Legislation Act. This is because instruments made under Part 2 and Schedule 1 to the Regulations are prescribed as exempt by section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015.
14 The instrument is appropriate to be exempt from disallowance as it concerns matters of an administrative nature. Updating legislative instruments that specify administrative matters allows for consistent internal management of the migration policy framework in accordance with Departmental resources and arrangements.
15 The instrument was made by a delegate of the Minister in accordance with subregulation 2.07(5) of the Regulations.
Overview
The Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Amendment Instrument (LIN 23/013) 2023 was introduced to update the eligibility criteria for applicants seeking Temporary Protection (Class XD) visas and Safe Haven Enterprise (Class XE) visas. Enacted under the Migration Regulations 1994, this instrument was authorised by the Minister for Immigration, Citizenship and Multicultural Affairs. The primary objective of this amendment is to refine the administrative processes for these visa applications, ensuring they align with current policy frameworks and operational needs. The instrument, exempt from disallowance, aims to streamline the application procedures for these humanitarian visas by specifying the forms and submission methods required, thereby maintaining the integrity and efficiency of the migration policy framework.
Scope and Application
The Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Amendment Instrument (LIN 23/013) 2023 is a legislative instrument made under the Migration Regulations 1994, aimed at updating the eligibility criteria for applicants seeking a Temporary Protection (Class XD) visa and a Safe Haven Enterprise (Class XE) visa. This instrument amends the Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Instrument 2020, and it is effective from the day after its registration on the Federal Register of Legislation. The amendments focus on updating the application procedures, stipulating that eligible applicants must submit their applications using form 866, either through the internet or in paper format, and either as an internet application or posted with adequate postage to a designated address in Sydney. This instrument is exempt from disallowance, given its administrative nature, and was made by a delegate of the Minister in accordance with the Migration Regulations.
Key Provisions
The Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Amendment Instrument (LIN 23/013) amends the Migration (Arrangements for Protection, Refugee and Humanitarian Visas) Instrument 2020 (LIN 20/169) by updating the eligibility requirements for applicants seeking a Temporary Protection (Class XD) visa and a Safe Haven Enterprise (Class XE) visa (sections 9 and 10). Specifically, these applicants must now use form 866, either in internet or paper format, and submit their application either as an internet application or by post with sufficient postage to the specified departmental address in Sydney.
In accordance with the amended provisions, applicants who do not hold, and have not held, a Temporary Protection (Class XD) visa or a Safe Haven Enterprise (Class XE) visa are required to submit their applications using the prescribed form 866 in the stipulated formats and through the designated submission methods. These requirements ensure that the application process is standardised and that all necessary information is correctly and efficiently processed by the relevant authorities.
The instrument does not create any new criminal offences or penalties. However, failure to comply with the requirements for submitting a visa application, such as using the incorrect form or not adhering to the specified submission methods, could result in the application being rejected or delayed. This could, in turn, affect the applicant's ability to obtain the visa in a timely manner. It is important for applicants to carefully follow the instructions provided in the instrument to ensure that their application is processed without issues.
The instrument is exempt from disallowance under section 42 of the Legislation Act, as it concerns administrative matters related to the migration policy framework. This exemption allows for efficient and consistent management of the migration policy framework, ensuring that the regulations are up to date and aligned with current policy objectives. The instrument was made by a delegate of the Minister in accordance with subregulation 2.07(5) of the Migration Regulations 1994, ensuring that the amendments are implemented in a manner consistent with the powers granted under the legislation.