EXPLANATORY STATEMENT
Migration Regulations 1994
MIGRATION (IMMI 17/016: ARRANGEMENTS FOR FAMILY VISA APPLICATIONS AND NEW ZEALAND (FAMILY RELATIONSHIP) VISA APPLICATIONS) INSTRUMENT 2017
(Items 1123A, 1123B and Item 1214BA)
- Instrument IMMI 17/016 is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations) for items 1123A, 1123B and 1214BA of Schedule 1 to the Regulations.
- The Instrument repeals IMMI 15/034 (F2015L00553) and IMMI 15/046 (F2015L00568) under subregulations 2.07(5) of the Regulations and in accordance with subsection 33(3) of the Acts Interpretation Act 1901, which states where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
- The Instrument operates to specify the approved forms, and the place and manner for making an application for the following visas:
a) Other Family (Migrant) (Class BO) visa;
b) Other Family (Residence) (Class BU) visa; and
c) New Zealand (Family Relationship) (Temporary) (Class UP) visa;
4. The purpose of the instrument is to specify a centralised office of Department of Immigration and Border Protection as the place to which applications for Other Family (Residence) (Class BU) visa and New Zealand (Family Relationship) (Temporary) (Class UP) visa must be posted or delivered.
5. Consultation regarding the changes to centralise paper applications for Other Family (Residence) (Class BU) and New Zealand (Family Relationship) (Temporary) (Class UP) was not undertaken as it is a minor administrative change. The change impacts a small cohort of applicants. Specifying the lodgement location of onshore paper applications will assist in streamlining the application process. The Department’s website and forms will reflect the changes from the commencement date.
6. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 21545 and 21544).
7. 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.
8. This instrument commences on 20 February 2017.
Overview
The Migration Regulations 1994, enacted in 1994, provide the legislative framework for the regulation of migration to, from, and within Australia. The regulations were introduced to address the need for a comprehensive and systematic approach to managing migration in Australia, ensuring that it aligns with national interests and international obligations. The Migration (Immi 17/016: Arrangements for Family Visa Applications and New Zealand (Family Relationship) Visa Applications) Instrument 2017, made under the authority of the Migration Act 1958 by the Department of Immigration and Border Protection, aims to streamline the application process for certain family-related visas by specifying the centralised office for the submission of paper applications. The policy objective is to enhance the efficiency and effectiveness of the visa application process by centralising the handling of these specific visa applications within a single office, thereby facilitating better management and processing of applications. This legislative instrument operates to repeal previous instruments that had set out similar provisions, reflecting a minor administrative change that impacts a limited group of applicants.
Scope and Application
The Migration (Immigration Arrangements for Family Visa Applications and New Zealand (Family Relationship) Visa Applications) Instrument 2017, identified as IMMI 17/016, is a legislative instrument made under the Migration Regulations 1994, specifically addressing the application process for certain family-related visas. It applies to individuals or entities seeking to apply for Other Family (Migrant) (Class BO) visas, Other Family (Residence) (Class BU) visas, and New Zealand (Family Relationship) (Temporary) (Class UP) visas. The Instrument repeals previous instruments, IMMI 15/034 and IMMI 15/046, and it sets out the approved forms and the designated location for submitting applications, which is a centralised office of the Department of Immigration and Border Protection. This change is intended to streamline the application process by consolidating where onshore paper applications must be submitted. The Instrument does not require a Regulatory Impact Statement and is exempt from disallowance under the Legislation (Exemptions and Other Matters) Regulation 2015, hence no Statement of Compatibility with Human Rights is needed. The Instrument came into effect on 20 February 2017.
Key Provisions
The primary sections of the Migration Regulations 1994 Instrument IMMI 17/016 (Items 1123A, 1123B, and 1214BA) are integral to the regulation of family visa applications. Specifically, they outline the approved forms, locations, and methods for submitting applications for the Other Family (Migrant) (Class BO) visa, the Other Family (Residence) (Class BU) visa, and the New Zealand (Family Relationship) (Temporary) (Class UP) visa. This centralisation of application processes aims to streamline the procedure by specifying a centralised office within the Department of Immigration and Border Protection as the required submission point for paper applications related to the Class BU and Class UP visas (section 4).
The obligations imposed by this legislation are primarily administrative, focusing on ensuring that applications for the specified visas are submitted in the prescribed manner and to the designated location. Applicants must adhere to the requirements outlined in the approved forms and ensure that their applications are delivered to the correct office as specified by the regulations. Furthermore, the Department of Immigration and Border Protection is mandated to maintain an updated and accessible online presence, reflecting the changes in application processes and locations (section 6).
Regarding the consequences of non-compliance, the legislation does not explicitly state civil or criminal penalties for breaches. However, any failure to comply with the specified application procedures and locations could result in delays or rejections of visa applications. The streamlined process is designed to prevent such issues, ensuring that all applications meet the regulatory requirements efficiently. The regulations also repeal previous instruments (IMMI 15/034 and IMMI 15/046) to maintain up-to-date and coherent legislative standards (section 7).
The legislative framework is also exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, which means that a Statement of Compatibility with Human Rights is not required (section 8). This exemption streamlines the legislative process, ensuring that the regulations can be implemented without additional scrutiny. The instrument came into effect on 20 February 2017, marking the date from which the new application procedures and requirements became mandatory (section 8).