EXPLANATORY STATEMENT
Migration Regulations 1994
MIGRATION (IMMI 17/030: SUBCLASS 602 (MEDICAL TREATMENT) VISA – APPROVED FORM) INSTRUMENT 2017
(Subclause 1214A(3A))
- Instrument IMMI 17/030 is made under subitem 1214A(3A) of the Migration Regulations 1994 (the Regulations).
2. The Instrument operates to specify the approved documentation that must accompany certain applications for the following visa:
a) Subclass 602 (Medical Treatment) visa ( MTV)
3. The instrument specifies Form 1507 – Evidence of Intended Medical Treatment (includes consultation) as the approved documentation for the purposes of paragraph 1214A(3)(e). This form, which must be completed and signed by a registered medical practitioner, will require details of the proposed medical treatment. This is intended to limit the ability of non-citizens who do not have health concerns from lodging a valid MTV application.
4. The changes in the Instrument will apply to those MTV applicants who are in Australia and do not hold a substantive visa at the time of lodgement.
5. Mandatory consultation with the Office of Best Practice Regulation (OBPR) was undertaken. No further external consultation was undertaken because this change is relevant to visa applicants and there are no specific stakeholder bodies which are likely to have involvement in, or be affected by this change.
6. The OBPR has advised that a Regulatory Impact Statement is not required (OBPR Reference 21837).
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. The Instrument commences on 1 July 2017.
Overview
The Migration (Immi 17/030: Subclass 602 (Medical Treatment) Visa – Approved Form) Instrument 2017 (F2017L00862) was enacted to address the need for stricter documentation requirements for the Subclass 602 (Medical Treatment) visa (MTV). This instrument, made under subitem 1214A(3A) of the Migration Regulations 1994, was introduced by the Australian Government to ensure that only individuals with legitimate health concerns can apply for this visa. It specifies that Form 1507 – Evidence of Intended Medical Treatment, which must be completed and signed by a registered medical practitioner, is the approved documentation for MTV applications. This measure is intended to prevent non-citizens without health concerns from lodging valid MTV applications. The instrument applies to MTV applicants in Australia who do not hold a substantive visa at the time of lodgement. The instrument commenced on 1 July 2017 and is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, thus not requiring a Statement of Compatibility with Human Rights.
Scope and Application
The Migration (Imm 17/030: Subclass 602 (Medical Treatment) Visa – Approved Form) Instrument 2017 is an instrument made under the Migration Regulations 1994 to detail the specific documentation requirements for applications for a Subclass 602 (Medical Treatment) visa. This instrument applies to non-citizens in Australia who are seeking to apply for an MTV and do not hold a substantive visa at the time of lodgement. The instrument mandates that Form 1507 – Evidence of Intended Medical Treatment, which must be completed and signed by a registered medical practitioner, must accompany the visa application. This requirement aims to ensure that the visa is sought by individuals with genuine health needs, thereby preventing misuse of the visa system by those without such concerns. The instrument is effective for those lodging an MTV application in Australia from 1 July 2017 onwards and does not extend to applicants already holding a substantive visa. Exemptions and other matters relevant to disallowance have been considered, and the instrument is exempt under the Legislation (Exemptions and Other Matters) Regulation 2015, meaning it does not require a Statement of Compatibility with Human Rights.
Key Provisions
The primary operative sections of the Migration (IMMI 17/030: Subclass 602 (Medical Treatment) Visa – Approved Form) Instrument 2017 (F2017L00862) pertain to the documentation requirements for Subclass 602 (Medical Treatment) visa (MTV) applications (section 2). Specifically, the instrument mandates that Form 1507 – Evidence of Intended Medical Treatment (including consultation) be completed and signed by a registered medical practitioner. This form must detail the proposed medical treatment and is intended to ensure that only those with genuine health concerns can lodge a valid MTV application (section 3). The requirements outlined in this instrument apply to MTV applicants who are physically present in Australia and do not hold a substantive visa at the time of application (section 4).
The obligations imposed by this instrument are primarily directed at visa applicants and registered medical practitioners. Visa applicants must ensure that they provide the required Form 1507, completed and signed by a registered medical practitioner, to substantiate their claim for a Subclass 602 visa. This form must contain specific details of the intended medical treatment, ensuring that the application process is transparent and that only individuals with legitimate health needs are considered for the visa (section 3).
The instrument also outlines potential consequences for non-compliance with its requirements. While the explanatory statement does not explicitly mention specific offences or penalties, it is reasonable to infer that failure to comply with the documentation requirements could result in the rejection of the visa application or other administrative actions. Given the context of immigration regulations, any application that does not meet the specified criteria may not be processed, potentially leading to significant consequences for the applicant, such as being unable to receive the intended medical treatment or facing deportation if they do not hold another substantive visa (section 4).