EXPLANATORY STATEMENT
Issued by authority of the Assistant Minister for Immigration
Migration Regulations 1994
Migration (Australian Values Statement for Public Interest Criterion 4019) Instrument 2025
The instrument, departmental reference LIN 25/086, is made under clause 3.1 of Part 3 of Schedule 4 to the Migration Regulations 1994 (the Migration Regulations).
The instrument repeals, and replaces, Migration (LIN 20/166: Australian Values Statement for Public Interest Criterion 4019) Instrument 2020 (LIN 20/166) 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.
Purpose of the instrument
Part 3 of Schedule 4 to the Migration Regulations provides the Minister with an instrument-making power to approve one or more values statements for the subclasses of visas specified in the instrument.
By signing the values statement, the applicant declares that they will undertake to conduct themselves in accordance with Australian values and will obey the laws of Australia during their stay in Australia. This requirement is codified as public interest criterion (PIC) 4019.
If PIC 4019 applies to a visa subclass, the values statement must be signed, or agreed if lodging an online application, by certain visa applicants, before being granted a visa in accordance with Part 3 of Schedule 4 of the Migration Regulations.
The purpose of LIN 25/086 is to approve the values statement for the subclasses of visas specified in the instrument:
- for the temporary visa subclasses specified in table 1 of Schedule 1 – Part 1 of Schedule 2 is approved as the values statement.
- for the permanent visa subclasses specified in table 2 of Schedule 1 – Part 1 combined with Part 2 of Schedule 2 is approved as the values statement.
In addition to the visa subclasses covered previously by LIN 20/166, this instrument also includes a reference to the Subclass 851 (Resolution of Status) visa (Subclass 851 visa) in Table 2 of Schedule 1. The Subclass 851 visa is a permanent visa that allows for the permanent resolution of status for certain visa holders, including holders of a Subclass 785 (Temporary Protection) visa or Subclass 790 (Safe Haven Enterprise) visa who arrived in Australia before 14 February 2013. The instrument does not make any changes to the content of the values statement that was approved in LIN 20/166. Other drafting changes have been made to align with Office of Parliamentary Counsel drafting practice and to clarify references to tables and statstements in the Schedules to the instrument.
The instrument is exempt from disallowance under section 42 of the Legislation Act 2003. This is because a legislative instrument made under Schedule 4 to the Migration Regulations is prescribed under table item 20(b) of section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015 as an instrument that is not subject to disallowance. A Statement of Compatibility with Human Rights is therefore not required.
The instrument commences on the day after it is registered on the Federal Register of Registration.
Further details of the instrument are set out in Attachment A.
No external consultation was undertaken or considered necessary and appropriate to undertake in relation to this instrument. This is because this instrument only makes minor technical amendments to LIN 20/166. The inclusion of a reference to the Subclass 851 visa is consistent with the existing legal requirement under subclause 851.225(b) of Schedule 2 of the Migration Regulations.
The Migration Regulations specify no conditions that need to be satisfied before the power to make the instrument may be exercised.
ATTACHMENT A
Details of the Migration (Australian Values Statement for Public Interest Criterion 4019) Instrument 2025
Section 1 – Name of Instrument
This section sets out the name of the instrument, which is the Migration (Australian Values Statement for Public Interest Criterion 4019) Instrument 2025.
Section 2 – Commencement
This section provides that the instrument commences on the day after registration.
Section 3 – Authority
This section provides that this instrument is made under clause 3.1 of Part 3 of Schedule 4 to the Migration Regulations 1994 (Migration Regulations).
Section 4 – Definitions
This section provides definitions for expressions used in the instrument.
Section 5 – Application
This section is an application provision that provides that the instrument applies to an application for a subclass of visa listed in a table in Schedule 1, made on or after the commencement of this instrument.
Section 6 – Schedules
This section provides that each instrument that is specified in a Schedule to this instrument is amended or repealed as set out in the applicable items in the Schedule concerned, and any other item in a Schedule to this instrument has effect according to its terms.
Section 7 – Values statement for specified subclasses of visas
Subclause 3.1(1) of Part 3 of Schedule 4 to the Regulations provides that, for Public Interest Criterion (PIC) 4019, the Minister must, by instrument in writing, approve one or more values statements for the subclasses of visas specified in the instrument.
This section approves the values statements for the subclasses of visas that are specified in Tables 1 and 2 of Schedule 1 to the instrument:
- for the temporary subclasses of visas listed in Table 1 of Schedule 1, Part 1 of Schedule 2 is approved as the values statement (subsection 7(1));
- for the permanent subclasses of visas listed in Table 2 of Schedule 1, Part 1 combined with Part 2 is approved as the values statement (subsection 7(2)).
The effect is that an applicant for a visa subclass listed in Table 1 or Table 2 of Schedule 1 must sign the values statement that is approved for that subclass. This is unless the Minister exercises their power under subclause 4019(2) in Schedule 4 to the Regulations to decide that the applicant is not required to sign the values statement as compelling circumstances exist.
Schedule 1 – Specified subclasses of visas
Schedule 1 to this instrument specifies subclasses of visas for the purposes of subclause 3.1(1) of Part 3 of Schedule 4 to the Regulations. The approved values statement for these subclasses of visas are provided for in Schedule 2 to this instrument.
Table 1 in Schedule 1 specifies a number of temporary visa subclasses. No changes have been made to the list of visa subclasses in LIN 20/166.
Table 2 in Schedule 1 specifies a number of permanent visa subclasses. A reference to the Subclass 851 (Resolution of Status) visa has been inserted into Table 2. This is consistent with the requirement in subclause 851.225(b) of Schedule 2 to the Migration Regulations, which requires an applicant to the Subclass 851 visa who has turned 18 at the time of the application to satisfy PIC 4019.
Schedule 2 – Values statement
Schedule 2 to this instrument provides the values statements that are approved for the the visas subclasses in specified in Schedule 1 under subsections 7(1) and 7(2).
The values statements provided for under Parts 1 and Part 2 of Schedule 2 remain identical to that provided for under Schedule 2 to LIN 20/166. The values statements include provisions relating to the following, consistent with subclause 3.1(2) of Part 3 of Schedule 4 to the Migration Regulations:
- values that are important to Australian society;
- matters concerning Australian citizenship (if relevant); and
- compliance with laws of Australia.
Part 2 of Schedule 2 is only applicable for applicants to a permanent visa subclass listed in Table 2 of Schedule 1, and continues to set out an undertaking to make reasonable efforts to learn English, and a provision relating to matters concerning Australian citizenship.
Schedule 3 – Repeals
Migration (LIN 20/166: Australian Values Statement for Public Interest Criterion 4019) Instrument 2020
Item [1] – The whole of the instrument
This item repeals Migration (LIN 20/166: Australian Values Statement for Public Interest Criterion 4019) Instrument 2020.