Migration (Class of persons for Visitor (Class FA) visa nil VAC) Instrument (LIN 21/021) 2021

Overview

The Migration (Class of persons for Visitor (Class FA) visa nil VAC) Instrument (LIN 21/021) 2021, made under the Migration Regulations 1994, was enacted to address the specific eligibility criteria for a nil visa application charge (VAC) for certain subclasses of the Visitor visa. This legislative instrument was prepared by the Department of Home Affairs and came into effect on 27 February 2021. It specifies the class of persons eligible for a nil VAC for a Subclass 600 (Visitor) visa, namely those who are outside Australia at the time of application, made between 27 February 2021 and 31 December 2022, previously granted a Subclass 600 (Visitor) visa while outside Australia before 21 March 2020, with that visa expiring or set to expire between 20 March 2020 and 30 June 2022, and who hold a multiple entry visa or an unused single entry visa. The policy objective is to provide a streamlined application process and financial relief to eligible individuals who meet the specified criteria.

Scope and Application

The Migration (Class of persons for Visitor (Class FA) visa nil VAC) Instrument 2021 applies to specific applicants for a Subclass 600 (Visitor) visa who meet particular criteria, including being outside Australia at the time of application and having previously been granted a Subclass 600 visa outside Australia that expired or will expire within a specified period. This instrument exempts these qualifying applicants from the visa application charge (VAC) for their visa applications made between 27 February 2021 and 31 December 2022. The exemption conditions also include restrictions on the type of previous visa held and the timing of the new visa application. The instrument extends its application through amendments, such as those introduced by the Migration (Class of persons for Visitor (Class FA) visa nil VAC) Amendment Instrument 2021 (No. 2), which apply to applications made after 26 February 2021. This legislative instrument is part of the Commonwealth's migration regulations and operates nationally within Australia.

Key Provisions

The primary sections of the Migration (Class of persons for Visitor (Class FA) visa nil VAC) Instrument (LIN 21/021) 2021 pertain to the waiver of the visa application charge (VAC) for specific applicants. Section 4 specifies the criteria under which an applicant for a Subclass 600 (Visitor) visa may be exempt from the VAC. According to section 4, the applicant must be outside Australia at the time of application, the application must be made between 27 February 2021 and 31 December 2022, the applicant must have been granted a Subclass 600 (Visitor) visa while outside Australia before 21 March 2020, that visa must have expired or will expire between 20 March 2020 and 30 June 2022, and the visa must have been a multiple entry visa or a single entry visa that was not used to enter Australia. Additionally, if the applicant has made a previous application after the commencement of this instrument, a decision must not have been made to grant or refuse to grant the visa. The obligations imposed by the Act on the parties it governs include ensuring that applicants for a Subclass 600 (Visitor) visa who meet the specified criteria outlined in section 4 are not charged the VAC. The Department of Home Affairs is responsible for verifying that applicants meet these criteria before processing their visa applications. Furthermore, applicants must provide accurate information and documentation to support their eligibility for the VAC waiver. The Act requires that the applicant must be outside Australia at the time of application, the application period must fall within the specified timeframe, and the applicant must meet the other conditions stipulated in section 4. Failure to comply with the requirements of the Act can result in civil or administrative consequences. Although the Act does not explicitly state the penalties for non-compliance, the Department of Home Affairs may take action against applicants who do not meet the specified criteria for the VAC waiver. This could include denying the visa application or imposing fines or other administrative penalties. It is important for applicants to carefully review the criteria and ensure they meet all the conditions before submitting their visa application to avoid any potential consequences.