EXPLANATORY STATEMENT
Migration Regulations 1994
MIGRATION (IMMI 17/021: ARRANGEMENTS FOR VISITOR VISA (CLASS FA) VISA APPLICATIONS INSTRUMENT 2017
(Item 1236)
- Instrument IMMI 17/021 is made under subregulation 2.07(5) of the
Migration Regulations 1994 (the Regulations) and item 3 of the table in
subitem 1236(6) of Schedule 1 to the Regulations for item 1236 of Schedule 1 to the Regulations. - The instrument repeals IMMI 16/102 (F2016L01892) under subregulation 2.07(5) of the Regulations and subitem 1236 of Schedule 1 to the Regulations 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 for the Minister to specify, for applicants of a Visitor
(Class FA) visa, the approved form, place and manner for making an application, and the travel agents that must be used by an applicant intending to travel to Australia from the People’s Republic of China as a member of an organised tour. - The purpose of the instrument is to specify the arrangements specified in the revoked IMMI 16/102, and to also specify:
i) in Schedule 1, that for a specified kind of applicant, applications for a
Subclass 600 visa in the Tourist stream should be made to the Department of Immigration and Border Protection’s (the Department) Adelaide office. This provides a centralised address for all onshore paper applications for a Subclass 600 visa in the Tourist stream; and
ii) in Schedule 8, the People’s Republic of China, and in Schedule 7 to remove the People’s Republic of China. This has the effect of allowing Chinese applicants to make an internet application for a Subclass 600 visa in the Tourist, Business and Sponsored Family streams.
5. Online lodgement for Chinese applicants is a measure arising from the Government’s White Paper on Developing Northern Australia. Accordingly, prior to making the instrument, the Department undertook consultation with the Department of the Prime Minister and Cabinet. Consultation was also undertaken with the Department of Foreign Affairs and Trade on the expansion of online lodgement to China.
6. Consultation regarding the centralised address for all onshore paper applications for a Subclass 600 visa in the Tourist stream was not undertaken as it is a minor administrative change. The change impacts a small cohort of applicants who will continue to have access to the online or paper visa application form in the same way as most other visas. Specifying the lodgement location of onshore paper applications to the Adelaide office will assist in streamlining the application process. The Department’s website and form 1419 will reflect the changes from the commencement date.
7. The Office of Best Practice Regulation (OBPR) has confirmed that Regulatory Impact Statement is not required (OBPR References 16837 and 21293).
8. The delegate making the instrument (Senior Executive Service, Band two, Immigration and Citizenship Policy Division) was delegated the powers contained in
subregulation 2.07(5) of the Regulations in Instrument of Delegation DEL 16/067, signed on 9 November 2016.
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. The instrument commences on 20 February 2017.
Overview
The Migration Regulations 1994, enacted by the Australian Parliament, establish the framework for the administration of Australia's migration laws. In 2017, the Migration (Immi 17/021: Arrangements for Visitor Visa (Class FA) Visa Applications Instrument 2017) was introduced to address specific administrative needs regarding the processing of visitor visa applications. This instrument, made under the Migration Act 1958, aimed to streamline and modernise the application process, particularly for applicants from the People's Republic of China. The policy objective was to facilitate the efficient handling of visa applications by centralising certain administrative procedures and expanding the online application options for Chinese applicants. The instrument repealed a previous arrangement (IMMI 16/102) and introduced new specifications for application forms, locations, and the use of authorised travel agents, reflecting a commitment to improving the visa application experience for Chinese tourists.
Scope and Application
The Migration (ImmI 17/021: Arrangements for Visitor Visa (Class FA) Visa Applications Instrument 2017) specifies the arrangements for applicants of a Visitor (Class FA) visa, particularly focusing on those intending to travel to Australia from the People’s Republic of China as members of an organised tour. The instrument, made under the Migration Regulations 1994, outlines the approved forms, locations, and methods for making an application for a Subclass 600 visa in the Tourist stream. For Chinese applicants, the instrument specifies that all onshore paper applications must be made to the Department of Immigration and Border Protection’s Adelaide office, centralising the submission process. Additionally, the instrument allows for online applications from Chinese applicants across the Tourist, Business, and Sponsored Family streams, expanding access to internet applications to include China. The instrument repeals the previous IMMI 16/102, reflecting the policy shift towards facilitating easier access for Chinese visitors while maintaining administrative efficiency through centralised onshore paper applications.
Key Provisions
The Migration (Imm17/021: Arrangements for Visitor Visa (Class FA) Visa Applications) Instrument 2017, made under the Migration Regulations 1994, sets out the specific procedures for applicants of a Visitor (Class FA) visa, particularly those intending to travel to Australia from the People’s Republic of China as part of an organised tour. Section 2 of the instrument repeals the previous instrument, IMMI 16/102, and establishes new arrangements for application submissions. It mandates that such applicants must use approved forms, specific places, and approved travel agents for their applications.
The instrument outlines clear obligations for visa applicants. For example, applicants from China must now submit their applications online, a requirement designed to facilitate easier access to the visa process. Additionally, the instrument mandates that all onshore paper applications for a Subclass 600 visa in the Tourist stream must be submitted to the Department of Immigration and Border Protection’s Adelaide office. This change, detailed in Schedule 1, centralises the processing of these applications, aiming to streamline the application process and improve efficiency.
In terms of penalties and consequences, the instrument does not explicitly detail specific offences or penalties for non-compliance. However, given the regulatory nature of the Migration Regulations 1994, non-compliance with the provisions of the instrument could potentially lead to the refusal of a visa application, delays in processing, or other administrative penalties. The overarching legislative framework under which this instrument operates suggests that severe non-compliance might also attract criminal penalties, although these are not specified within the instrument itself.
The instrument is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, meaning that a Statement of Compatibility with Human Rights is not required. This exemption indicates that the instrument is considered to be within the scope of the existing legislative authority and does not necessitate additional scrutiny regarding its alignment with human rights standards.
Overall, the instrument represents a significant update to the application process for Visitor (Class FA) visas, particularly for applicants from China, by introducing online application options and centralising the handling of certain paper applications. These changes aim to enhance the efficiency and accessibility of the visa application process for the specified groups of applicants.