EXPLANATORY STATEMENT
Migration Regulations 1994
MIGRATION (IMMI 17/019: ARRANGEMENTS FOR TEMPORARY WORK AND TEMPORARY ACTIVITY VISA APPLICATIONS) INSTRUMENT 2017
(Items 1212B, 1217, 1231, 1234, 1237 and 1238)
- Instrument IMMI 17/019 is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations) for items 1212B, 1217, 1231, 1234, 1237 and 1238 of Schedule 1 to the Regulations.
- The Instrument repeals IMMI 16/112 (F2016L01782) 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, classes of applicants, and the place and manner for making an application for the following visas:
a) Investor Retirement (Class UY) visa;
b) Retirement (Temporary) (Class TQ) visa;
c) Temporary Work (Short Stay Specialist) (Class GA) visa;
d) Temporary Work (International Relations) (Class GD) visa;
e) Temporary Activity (Class GG) visa; and
f) Training (Class GF) visa.
4. The Instrument specifies the forms, classes of applicants and the place and manner for making an application that were specified in the repealed instrument IMMI 16/112. The purpose of this Instrument is to specify forms 1481 and 1481 (Internet) as the approved forms for a subsequent entrant applicant for a Temporary Work (Short Stay Specialist) (Class GA) visa, a Temporary Work (International Relations) (Class GD) visa, a Temporary Activity (Class GG) visa and a Training (Class GF) visa. The specification of these forms allows a member of the family unit to make an application to join a primary visa holder who has already been granted a relevant visa.
5. The Department of Immigration and Border Protection (the Department) has undertaken to streamline temporary activity visas. This change was given effect by the Migration Amendment (Temporary Activity Visas) Regulation 2016. The matters specified in this instrument give effect to the policy intent of the new visa framework for temporary activity visas.
6. In developing the new visa framework, the Department consulted extensively. In September 2014, the Department issued a discussion paper and received 68 submissions. The submissions were considered in the formulation of a proposed framework that was released for consultation in December 2014. Responses were received from 71 industry stakeholders. In April 2015, the Department again sought stakeholder views by conducting a survey and received 1177 responses. The responses were considered by the Department in formulating the final framework. The Department met with stakeholders to discuss their comments about the range of deregulation opportunities raised in the paper. Most recently, public information sessions on the temporary activity visas were conducted in Perth, Melbourne, Brisbane and Sydney from 23 to 30 September 2016.
7. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 19898).
8. 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.
9. This instrument commences the day after it is registered on the Federal Register of Legislation.
Overview
The Migration (Immigration 17/019: Arrangements for Temporary Work and Temporary Activity Visa Applications) Instrument 2017 was enacted to refine the processes and specifications for certain temporary work and activity visas, as outlined in the Migration Regulations 1994. This legislative instrument was introduced by the Department of Immigration and Border Protection and aims to streamline the visa application process for temporary work and activity visas, specifically targeting the Investor Retirement, Retirement (Temporary), Temporary Work (Short Stay Specialist), Temporary Work (International Relations), Temporary Activity, and Training visas. The policy objective behind the instrument is to provide a more efficient and clear application process for these categories of visas, ensuring they meet the needs of the current labour market and international relations. The instrument repeals the previous instrument IMMI 16/112 to update the approved forms and classes of applicants, aligning with the latest policy directions and feedback from stakeholders.
Scope and Application
The Migration (Immigration 17/019: Arrangements for Temporary Work and Temporary Activity Visa Applications) Instrument 2017 applies to various temporary work and activity visas, including the Investor Retirement (Class UY) visa, Retirement (Temporary) (Class TQ) visa, Temporary Work (Short Stay Specialist) (Class GA) visa, Temporary Work (International Relations) (Class GD) visa, Temporary Activity (Class GG) visa, and Training (Class GF) visa. This instrument specifies the approved forms, classes of applicants, and the place and manner for making an application for these visas, thereby affecting individuals and entities seeking to apply for these temporary visas. The instrument is made under subregulation 2.07(5) of the Migration Regulations 1994 and operates nationally in Australia, as it is a Commonwealth instrument. The instrument repeals a previous instrument, IMMI 16/112, and is designed to streamline the application process for temporary activity visas, reflecting policy intent following extensive consultations with stakeholders. This instrument is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, meaning no Statement of Compatibility with Human Rights is required, and it commences on the day after registration on the Federal Register of Legislation.
Key Provisions
The main operative sections of Instrument IMMI 17/019 (F2017L00131) under the Migration Regulations 1994 pertain to the specification of approved forms, classes of applicants, and the manner and place for making applications for certain temporary work and temporary activity visas. These sections, referenced as items 1212B, 1217, 1231, 1234, 1237, and 1238, delineate the requirements for applying for the Investor Retirement (Class UY) visa, Retirement (Temporary) (Class TQ) visa, Temporary Work (Short Stay Specialist) (Class GA) visa, Temporary Work (International Relations) (Class GD) visa, Temporary Activity (Class GG) visa, and Training (Class GF) visa. This instrument specifically replaces the earlier Instrument IMMI 16/112 (F2016L01782) and sets out detailed processes for lodging applications, including the use of forms 1481 and 1481 (Internet) for subsequent entrant applicants.
This legislation imposes specific obligations on applicants and the Department of Immigration and Border Protection. Applicants must use the approved forms as specified in the instrument for their visa applications. For instance, applicants for Temporary Work (Short Stay Specialist) (Class GA) visa, Temporary Work (International Relations) (Class GD) visa, Temporary Activity (Class GG) visa, and Training (Class GF) visa must use forms 1481 and 1481 (Internet). The Department, in turn, is obligated to process these applications according to the guidelines set forth in the instrument, ensuring that the new visa framework for temporary activity visas is implemented effectively.
Any breaches of the provisions outlined in the Instrument IMMI 17/019 may lead to various civil and criminal consequences. While the specific offences and penalties are not detailed in the text, it is clear that non-compliance with the requirements for visa applications could result in the rejection of the application, delays in processing, or other administrative penalties. The instrument operates under the broader framework of the Migration Regulations 1994, which includes provisions for enforcement and penalties for non-compliance with visa regulations. It is advisable for applicants to adhere strictly to the specified forms and procedures to avoid any potential negative consequences.