EXPLANATORY STATEMENT
Issued by authority of the Minister for Immigration, Citizenship and Multicultural Affairs
Migration Regulations 1994
Migration (Arrangements for Resident Return visa applications) Amendment Instrument (LIN 23/014) 2023
1 The instrument, Departmental reference LIN 23/014, is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations).
2 The instrument amends Migration (Arrangements for Resident Return visa applications) Instrument (LIN 22/019) 2022 (LIN 22/019) in accordance with subsection 33(3) of the Acts Interpretation Act 1901. 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 registration, and is a legislative instrument for the Legislation Act 2003.
Purpose
4 Subregulation 2.07(5) of the Regulations provide that if an item of Schedule 1 to the Regulations prescribes criteria or requirements by reference to a legislative instrument made under that subregulation, the Minister may, by legislative instrument, specify the following:
(a) an approved form for making an application for a visa of a specified class;
(b) the way in which an application for a visa of a specified class must be made
(c) the place at which an application for a visa of a specified class must be made;
(d) any other matter.
5 The purpose of this instrument is to update LIN 22/019 to reflect changes to the approved form, place and manner for making an application for a Special Eligibility (Class CB) visa application. Specifically, the instrument amends the address to which an application for a Special Eligibility (Class CB) visa must be sent.
6 Section 4 of the existing LIN 22/019 provides that for subitem 1118A(1) and paragraph 1118A(3)(a) of Schedule 1 to the Regulations, an application for a Special Eligibility (Class CB) visa must be made using form 47SV and be posted with sufficient prepaid postage to:
- Department of Home Affairs
Locked Bag 7
Northbridge WA 6865
Australia.
7 There are approximately 10 Subclass 151 (Former Resident) visa applications lodged each year that fall within the Class CB visa category mentioned in paragraph 6 above. This instrument will amend section 4 of LIN 22/019 to change the postal address to:
- Subclass 151 Visa Application
Department of Home Affairs
PO Box 9984
Sydney NSW 2001
Australia.
8 The instrument will maintain all other arrangements previously in place under LIN 22/019.
Consultation
9 The Office of Impact Analysis (OIA) (previously known as The Office of Best Practice Regulation (OBPR)) was consulted and considered that the instrument is unlikely to have a more than minor regulatory impact. As such, impact analysis (IA) (previously known as Regulation Impact Statement) is not required (OBPR reference number: OBPR22-03452).
10 Further external consultation in the development of the instrument was not necessary as the change was of a minor or machinery nature and does not substantially alter the existing arrangements prescribed by the amended instruments.
Details of the instrument
11 Schedule 1 amends section 4 of LIN 22/019 to set out the updated postal address for making an application for a Class CB visa.
Parliamentary scrutiny etc.
12 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 exempt in accordance with subitem 20(b) of the table in section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015.
13 The instrument was made by a delegate of the Minister, in accordance with subregulation 2.07(5), subitem 1118A(1) and paragraph 1118A(3)(a) of Schedule 1 to the Regulations.
Overview
The Migration (Arrangements for Resident Return visa applications) Amendment Instrument (LIN 23/014) 2023 was enacted to update the arrangements for making applications for a Special Eligibility (Class CB) visa, specifically updating the address to which such applications must be sent. This legislative instrument amends the Migration (Arrangements for Resident Return visa applications) Instrument (LIN 22/019) 2022, reflecting changes to the approved form, place, and manner for making an application. The purpose of the amendment is to align with the current practices of the Department of Home Affairs, updating the postal address for visa applications from a Northbridge WA address to a PO Box in Sydney NSW. This change is minor and does not substantially alter the existing arrangements, thus avoiding the need for extensive consultation or impact analysis. The instrument is exempt from disallowance under section 42 of the Legislation Act, as it falls under the exemption criteria specified in the Legislation (Exemptions and Other Matters) Regulation 2015.
Scope and Application
The Migration Regulations 1994 Amendment Instrument, Departmental reference LIN 23/014, amends the Migration (Arrangements for Resident Return visa applications) Instrument 2022 to update the address for submitting applications for a Special Eligibility (Class CB) visa. This adjustment pertains to the approximately 10 Subclass 151 (Former Resident) visa applications that fall within the Class CB visa category each year. The amendment changes the postal address for submitting these visa applications from Department of Home Affairs Locked Bag 7 Northbridge WA 6865 Australia to Subclass 151 Visa Application Department of Home Affairs PO Box 9984 Sydney NSW 2001 Australia. The instrument retains all other arrangements previously in place under LIN 22/019 and is exempt from disallowance under section 42 of the Legislation Act, as instruments made under Part 2 and Schedule 1 to the Regulations are exempt in accordance with subitem 20(b) of the table in section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015.
Key Provisions
The main operative sections of the Migration (Arrangements for Resident Return visa applications) Amendment Instrument (LIN 23/014) 2023 include those that amend the Migration (Arrangements for Resident Return visa applications) Instrument 2022 (LIN 22/019) (section 4). This amendment updates the address to which an application for a Special Eligibility (Class CB) visa must be sent (section 7). Specifically, the amendment changes the address from "Department of Home Affairs, Locked Bag 7 Northbridge WA 6865 Australia" to "Subclass 151 Visa Application Department of Home Affairs, PO Box 9984 Sydney NSW 2001 Australia". This change is necessary to reflect the current requirements for submitting visa applications under the Migration Regulations 1994.
The Amendment Instrument imposes specific obligations on applicants for a Special Eligibility (Class CB) visa. These obligations include using the approved form 47SV and ensuring that the application is posted with sufficient prepaid postage to the updated address specified in the instrument. The instrument maintains all other arrangements previously in place under LIN 22/019, meaning that any other requirements for making such an application remain unchanged. These requirements include adhering to the prescribed manner and place of application, as originally set out in the LIN 22/019.
In terms of consequences for non-compliance, the instrument does not explicitly state any offences, penalties, or civil/criminal consequences for breaches of its provisions. However, failure to comply with the requirements for making a visa application could potentially lead to the application being rejected, which may result in delays or denial of the visa. The instrument is exempt from disallowance under section 42 of the Legislation Act, and it was made by a delegate of the Minister in accordance with the relevant subregulations and provisions of the Migration Regulations 1994.