EXPLANATORY STATEMENT
Migration Regulations 1994
MIGRATION (IMMI 17/039: ARRANGEMENTS FOR TEMPORARY WORK AND TEMPORARY ACTIVITY VISA APPLICATIONS) INSTRUMENT 2017
(Items 1212B, 1217, 1231, 1234, 1237 and 1238)
- Instrument IMMI 17/039 is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations) for the purposes of items 1212B, 1217, 1231, 1234, 1237 and 1238 of Schedule 1 to the Regulations.
- The instrument repeals IMMI 17/019 (F2017L00131) 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) 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 purpose of this instrument is to add an address of the Department of Immigration and Border Protection as the place to which applications must be made for a Temporary Work (International Relations) (Class GD) visa where the applicant is seeking to satisfy the criteria for Subclass 403 (Temporary Work (International Relations)) in the Seasonal Worker Program stream. The instrument specifies that these applications must be posted or delivered to the Specialist Temporary Entry Centre in the Department’s Hobart office. Specifying a centralised location for these applications will assist in streamlining the application process.
5. As this is an administrative change only to correctly align with policy, and was inadvertently missed from the previous instrument (IMMI 17/019), consultation has not been undertaken as this will only have minimal impacts on applicants.
6. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 19898).
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 the day after it is registered on the Federal Register of Legislation.
Overview
The Migration (Immigration Arrangements for Temporary Work and Temporary Activity Visa Applications) Instrument 2017 (F2017L00538) was enacted to amend and specify the administrative processes for applications of certain temporary work and activity visas under the Migration Regulations 1994. This instrument addresses the administrative oversight in the previously enacted IMMI 17/019, which failed to correctly align with policy regarding the designated location for applications of the Temporary Work (International Relations) (Class GD) visa under the Seasonal Worker Program stream. This change is designed to streamline the application process by centralising it to the Specialist Temporary Entry Centre in the Department’s Hobart office. The instrument was developed and enacted by the Australian Parliament to ensure that the application process for these specific visas is efficiently managed and complies with current policy directives. The policy objective is to provide clear and streamlined administrative procedures to facilitate the timely processing of visa applications.
Scope and Application
The Migration (Immi 17/039: Arrangements for Temporary Work and Temporary Activity Visa Applications) Instrument 2017 applies to individuals and entities making applications for specified temporary work and temporary activity visas under the Migration Act 1958. The instrument particularly addresses applications for the Investor Retirement, Retirement (Temporary), Temporary Work (Short Stay Specialist), Temporary Work (International Relations), Temporary Activity, and Training visas. It mandates that applications for the Temporary Work (International Relations) visa, particularly those intended for the Seasonal Worker Program stream, must be submitted to a designated address within the Department of Immigration and Border Protection's Hobart office. This change aims to streamline the application process by centralising the handling of these specific visa applications. The instrument operates nationally, affecting visa applicants across Australia, and comes into effect on the day following its registration on the Federal Register of Legislation. It should be noted that this instrument is exempt from disallowance and does not require a Statement of Compatibility with Human Rights as advised by the Office of Best Practice Regulation.
Key Provisions
The primary sections of Instrument IMMI 17/039 (F2017L00538) pertain to items 1212B, 1217, 1231, 1234, 1237, and 1238 of Schedule 1 to the Migration Regulations 1994. This instrument repeals the previous instrument IMMI 17/019 (F2017L00131) and provides updated specifications for making applications for 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. Of particular note, section 4 of the instrument designates the Department of Immigration and Border Protection’s Hobart office, specifically the Specialist Temporary Entry Centre, as the location for submitting applications for a Temporary Work (International Relations) (Class GD) visa within the Seasonal Worker Program stream.
The obligations imposed by this instrument are primarily administrative, aimed at streamlining the application process by centralising submissions for certain visa types. Applicants for a Temporary Work (International Relations) (Class GD) visa in the Seasonal Worker Program must now post or deliver their applications to the specified address in the Hobart office. This centralisation is intended to ensure consistency and efficiency in processing these applications, thereby reducing potential confusion and delays that might arise from submissions being handled by multiple locations.
Under this instrument, breaches or non-compliance with the specified application procedures could lead to administrative consequences, though the instrument itself does not explicitly detail specific offences, penalties, or other civil/criminal consequences for breaches. Typically, failure to comply with application requirements might result in delays, rejection of the application, or further administrative action as deemed appropriate by the Department of Immigration and Border Protection. Given the administrative nature of the instrument, the primary focus is on ensuring that applicants follow the correct procedures rather than on imposing punitive measures.