Overview

The Migration Regulations 1994 Arrangements for Resident Return Visa Applications 2017 is an instrument made under the Migration Regulations 1994 to provide specific arrangements for applications for certain visa classes. Enacted by the Australian government, this instrument addresses the need to update and clarify the procedures for applying for Resident Return (Temporary) (Class TP) visas, ensuring that the process aligns with current administrative practices and requirements. The objective of this instrument is to facilitate the application process for the specified visa classes by detailing the approved forms, methods, and locations for submission, thereby providing clarity and consistency for applicants. The instrument also repeals a previous instrument, IMMI 16/088, and incorporates additional arrangements for the Resident Return (Temporary) (Class TP) visa applications. The instrument was developed following consultation with relevant stakeholders and is exempt from disallowance, commencing on the day after it is registered.

Scope and Application

The IMMI 17/031 instrument applies to individuals and entities making applications for specific classes of visas under the Migration Regulations 1994, namely the Class CB (Special Eligibility), Class BB (Return (Residence)), and Class TP (Resident Return (Temporary)) visas. These visas cater to individuals who have previously held Australian permanent residency or citizenship and are seeking to return to Australia. The instrument delineates the specific procedures and requirements for lodging these visa applications, including the approved forms, the manner of application, and the designated locations for submission. It operates under the authority conferred to the Minister by subregulation 2.07(5) of the Migration Regulations 1994 and serves to replace the previous instrument, IMMI 16/088, thereby updating the application processes. Notably, the instrument exempts itself from disallowance as per section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, and thus does not require a Statement of Compatibility with Human Rights. The instrument's application is national in scope, aligning with the overarching objectives and provisions of the Migration Act 1958 and the Migration Regulations 1994.

Key Provisions

The Migration Regulations 1994 Arrangements for Resident Return Visa Applications 2017/031 (F2017L00324) provides specific provisions for the application process for certain types of visas, namely the Special Eligibility (Class CB) under item 1118A, the Return (Residence) (Class BB) under item 1128, and the Resident Return (Temporary) (Class TP) under item 1216. This instrument serves to repeal the previous instrument IMMI 16/088 (F2016L01405) and outlines new requirements for these visa applications. It is made under subregulation 2.07(5) of the Migration Regulations 1994, which allows the Minister to specify the forms, methods, and locations for submitting visa applications for the specified classes. The Act imposes several obligations on the applicants and the Department of Home Affairs. Firstly, applicants must submit their visa applications using the approved forms detailed in section 3 of the instrument. Secondly, the applications must be made in the manner prescribed in section 4, which includes the specific requirements for completing and submitting the forms. Lastly, section 5 specifies the places where applications must be lodged, ensuring that the process is standardised and accessible. The instrument also mandates that prior to making any changes to the arrangements, consultation with relevant stakeholders, such as the Department of Infrastructure and Regional Development, must be undertaken. Failure to comply with the provisions outlined in the instrument may result in various consequences. While the instrument itself does not explicitly list specific offences or penalties, breaches of the Migration Regulations 1994 could lead to civil or criminal consequences, as detailed in other sections of the Regulations. For instance, providing false information in a visa application could result in penalties under section 183 of the Migration Act 1958, which includes fines and imprisonment. The instrument, however, focuses on the procedural aspects of the application process rather than the substantive eligibility criteria for the visas themselves.