EXPLANATORY STATEMENT
Migration Regulations 1994
Migration (IMMI 17/051: Arrangements for Protection, Humanitarian and Refugee Visas) Instrument 2017
Subregulation 2.07(5)
- Instrument IMMI 17/051 is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations).
- The instrument repeals IMMI 16/024 (F2016L00577) under subregulation 2.07(5) of the Regulations and in accordance with
subsection 33(3) of the Acts Interpretation Act 1901 (the AIA). Subsection 33(3) of the AIA states that 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. - For sections 45 and 46 of the Migration Act 1958 (which deal with applications for visas), subregulation 2.07(5) of the Regulations empowers the Minister to make legislative instruments specifying the requirements in relation to: the approved form for making an application; the way in which an application for a visa must be made; and the place at which an application must be made. This instrument specifies those requirements for the Protection (Class XA), Refugee and Humanitarian (Class XB), Temporary Protection (Class XD) and Safe Haven Enterprise (Class XE) visas.
- The purpose of the instrument is to:
- Improve efficiencies for the Department and simplify the application process for protection visa applicants by approving consolidated forms 866 (Internet) and 866 for Protection (Class XA) visas, initial Safe Haven Enterprise (Class XE) visas, and initial Temporary Protection (Class XD) visas;
- Simplify and shorten the application processes for protection visa applicants by approving forms 1505 (Internet) and 1505 for subsequent Safe Haven Enterprise (Class XE) visa applications and subsequent Temporary Protection (Class XD) visa applications.
- Facilitate a new online application pathway by specifying the new approved Form 866 (internet) for the purposes of applying for Protection (Class XA), initial Temporary Protection (Class XD) and initial Safe Haven Enterprise (Class XE) visas, and prescribing the new Form 1505 (internet) for the purposes of applying for subsequent Temporary Protection (Class XD) and subsequent Safe Haven Enterprise (Class XE) visas.
- Amend the place and manner requirements for applying for Protection (Class XA) visas, Safe Haven Enterprise (Class XE) visas, and Temporary Protection (Class XD) visas.
- In accordance with paragraph 15J(2)(e) of the Legislation Act 2003 consultation was not necessary. The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
- The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 22463).
- The officer Luke Mansfield (Senior Executive Service, Band two, Refugee Humanitarian Visa Management Division) who made the instrument was delegated the powers required to make the instrument in the Instrument of Delegation DEL 17/026, signed on 9 May 2017.
- 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.
- The instrument commences on 1 July 2017.
Overview
The Migration (IMMI 17/051: Arrangements for Protection, Humanitarian and Refugee Visas) Instrument 2017 was enacted to streamline and enhance the efficiency of the application processes for Protection (Class XA), Refugee and Humanitarian (Class XB), Temporary Protection (Class XD), and Safe Haven Enterprise (Class XE) visas. This instrument was made under subregulation 2.07(5) of the Migration Regulations 1994, empowering the Minister to specify requirements related to application forms, submission methods, and locations. The overarching goal of this legislation is to simplify and expedite the application process for protection visa applicants while ensuring that the Department of Home Affairs can manage these applications more efficiently. The instrument was introduced to consolidate existing forms and introduce new online pathways for applications, thus facilitating a more straightforward process for applicants. The Office of Best Practice Regulation deemed a Regulatory Impact Statement unnecessary for this instrument, which commenced on 1 July 2017.
Scope and Application
The Migration (IMMI 17/051: Arrangements for Protection, Humanitarian and Refugee Visas) Instrument 2017, made under the authority of subregulation 2.07(5) of the Migration Regulations 1994, applies to individuals seeking to apply for certain classes of visas, specifically Protection (Class XA), Refugee and Humanitarian (Class XB), Temporary Protection (Class XD) and Safe Haven Enterprise (Class XE) visas. The instrument seeks to streamline the application process by specifying the approved forms and methods for lodging applications, as well as the locations where these applications should be submitted. This regulatory instrument directly impacts the manner and place of application for these specified visa classes, facilitating a more efficient and simplified process for applicants. The instrument is effective across Australia and is applicable to all applicants of the mentioned visa categories, irrespective of their geographic location within the country. The instrument repeals the previous instrument IMMI 16/024 and is of a minor nature, not requiring a Regulatory Impact Statement or consultation as per the requirements under the Legislation Act 2003. It exempts from disallowance and does not require a Statement of Compatibility with Human Rights.
Key Provisions
The Migration (IMMI 17/051: Arrangements for Protection, Humanitarian and Refugee Visas) Instrument 2017 (F2017L00767) under the Migration Regulations 1994, specifically subregulation 2.07(5), outlines the requirements for applications for Protection (Class XA), Refugee and Humanitarian (Class XB), Temporary Protection (Class XD), and Safe Haven Enterprise (Class XE) visas. This instrument replaces the previous instrument IMMI 16/024 (F2016L00577). It specifies the approved forms for applications (Forms 866 and 1505) and updates the processes and locations for submitting these applications, aiming to enhance efficiency and simplify the application process for these visa categories.
The obligations imposed by this instrument include the use of the approved forms for visa applications, which must be submitted according to the specified methods and locations. For example, applicants for Protection (Class XA), initial Temporary Protection (Class XD), and initial Safe Haven Enterprise (Class XE) visas must use Form 866 (internet). Similarly, applicants for subsequent Temporary Protection (Class XD) and subsequent Safe Haven Enterprise (Class XE) visas must use Form 1505 (internet). These forms are designed to streamline the application process and ensure that all necessary information is provided in a standardised manner.
Failure to comply with the requirements set out in this instrument could potentially lead to the rejection of a visa application or other administrative consequences. While specific offences, penalties, or legal consequences for non-compliance are not detailed in the explanatory statement, it is implicit that adherence to the specified application processes and use of approved forms is mandatory. The Migration Regulations 1994 and the Migration Act 1958 provide the broader legal framework within which these requirements operate, and non-compliance may result in penalties under these Acts, including the potential for visa refusal or other administrative actions. The instrument's minor nature and focus on streamlining processes suggest that the penalties would likely be related to the administrative handling of applications rather than criminal sanctions.