EXPLANATORY STATEMENT
Issued by authority of the Minister for Immigration, Citizenship and Multicultural Affairs
Migration Regulations 1994
Migration (Health Criteria—Specified Countries) (LIN 23/071) Specification 2023
1 The instrument, departmental reference LIN 23/071, is made under paragraph 2.25A(1)(b) of the Migration Regulations 1994 (the Migration Regulations).
2 The instrument repeals Migration Regulations 1994 – Specification of Countries – IMMI 13/161 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 LIN 23/071 commences on the day after it is registered on the Federal Register of Legislation. It is a legislative instrument for the Legislation Act 2003 (the Legislation Act).
Purpose
4 Subregulation 2.25A(1) provides that the Minister must seek the opinion of a Medical Officer of the Commonwealth in determining whether a visa applicant or another person meets the requirements of paragraphs 4005(1)(a), 4005(1)(b), 4005(1)(c), 4007(1)(a), 4007(1)(b) or 4007(1)(c) of Schedule 4 to the Migration Regulations.
5 However, pursuant to paragraph 2.25A(1)(b), if the application is for a permanent visa made from a country specified in a legislative instrument made for the purposes of that paragraph, and there is no information known to the Department (either through the application or otherwise) to the effect that the person may not meet any of those requirements, the Minister does not need to seek the opinion of a Medial Officer of the Commonwealth.
6 Schedule 1 to LIN 23/071 specifies all countries in the world for the purposes of paragraph 2.25A(1)(b). The purpose of the instrument is to streamline visa processing for applicants who do not have tuberculosis, or a disease or condition that may pose a threat to public health, or whose presence in Australia would be likely to require health care or community services where the provision of that service would be likely to result in a significant cost to the Australian community, or prejudice the access of Australians to health services or procedures that are short in supply.
Consultation
7 The instrument does not substantially alter the existing arrangements in IMMI 13/161, other than making minor updates to reflect current country names at the time the instrument was made. The country names listed in the Schedule to the instrument are aligned with country names as they appear on the Department of Foreign Affairs and Trade website (www.dfat.gov.au). As the instrument does not substantially alter existing arrangements, and provides continuity and support for effective visa processing and the assessment of health criteria, no external consultation was considered necessary.
8 The Office of Impact Analysis (OIA) was consulted. The OIA considered that the instrument dealt with matters of a minor nature and no Impact Analysis was required. The OIA reference number is OIA23-05375.
Parliamentary scrutiny etc.
9 The instrument is exempt from disallowance under section 42 of the Legislation Act, as an instrument made under Part 2 of the Migration Regulations is prescribed as exempt by item 20 of section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015.
10 The instrument was made by the Minister for Immigration, Citizenship and Multicultural Affairs in accordance with paragraph 2.25A(1)(b) of the Migration Regulations.