EXPLANATORY STATEMENT

Migration Regulations 1994

Migration (IMMI 17/061: Arrangements for Applications for Bridging Visas) Instrument 2017

Subregulation 2.07(5)

1. Instrument IMMI 17/061 is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations).
2. The instrument repeals IMMI 2016/095 (F2016L01774) 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.
3. 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 visas Bridging A (Class WA), Bridging B (Class WB), Bridging C (Class WC), Bridging D (Class WD), Bridging E (Class WE) and Bridging F (Class WF).
4. The purpose of this instrument is to include Form 866 (internet) as an approved form for making an application for visas Bridging A (Class WA), Bridging C (Class WC), and Bridging E (Class WE).
5. 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.
6. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 22110).
7. 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.
8. 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.
9. The instrument commences on 1 July 2017.