Migration (IMMI 16/022: Priority Consideration of Certain Visa Applications) Instrument 2016

EXPLANATORY STATEMENT

Migration Regulations 1994

Migration (IMMI 16/022: Priority Consideration of Certain Visa Applications) Instrument 2016

(subregulation 2.12M(7))

1. The Migration (IMMI 16/022: Priority Consideration of Certain Visa Applications) Instrument 2016 is made under subregulation 2.12M(7) of the Migration Regulations 1994 (the Regulations).

2.                   The purpose of the Instrument is to specify certain matters for subregulations 2.12M(2) and (5) of the Regulations to limit the requests for priority service. The specified settings reflect where this priority service can practically be offered.

3.                   For subregulation 2.12M(2), section 5 of the Instrument operates to specify:

Column 1             kinds of visas;

Column 2             kinds of valid passports in relation to kinds of visas specified for the item;

Column 3             requirements in relation to kinds of visas and kinds of valid passports specified for the item;

Column 4             approved forms in relation to kinds of visas and kinds of valid passports specified for the item; and

Column 5             ways in which applications can be made in relation to kinds of visas, kinds of valid passports and approved forms specified for the item.

4.                  The effect of section 5 of the Instrument is that only applicants for the specified visas can request priority service and that a request for priority service may only be made if:

• the applicant holds a specified passport and meets the specified requirements;
• the visa application was made using the specified form; and
• the visa application is made in the specified way.

5.                  For subregulation 2.12M(5), section 6 of the Instrument operates to specify:

Column 1             kinds of visas;

Column 2             kinds of valid passports;

Column 3             approved forms; and

Column 4             ways in which requests for priority consideration of visa applications can be made.

6.      The effect of section 6 of the Instrument is that a request for priority service made as mentioned in paragraph 2.12M(3)(b) of the Regulations may be made on an approved form, rather than on the visa application. Such a request must be made in a way specified by the Minister, in relation to the kind of visa applied for and the kind of valid passport held by the applicant.

7.                   Consultation was undertaken before this Instrument was made with other Commonwealth Government departments, and with the Tourism Visa Advisory Group (TVAG). The TVAG is a key consultative mechanism for communication between tourism peak bodies and the Department of Immigration and Border Protection.

8.                   The Office of Best Practice Regulation (the OBPR) has been consulted in relation to the amendments made by the Regulation. The OBPR considers that the proposal has nil regulatory costing and requires a short form Regulation Impact Statement, which is at Attachment C of the Explanatory Statement for the Migration Amendment (Priority Consideration of Certain Visa Applications) Regulation 2016. The OBPR consultation reference number is 19029.

9.                   Under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, the Instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.

10.              This Instrument, IMMI 16/022, commences on 15 March 2016.