EXPLANATORY STATEMENT
Migration Regulations 1994
Migration (IMMI 17/061: Arrangements for Applications for Bridging Visas) Instrument 2017
Subregulation 2.07(5)
- Instrument IMMI 17/061 is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations).
- 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. - 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).
- 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).
- 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 22110).
- 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 17/061: Arrangements for Applications for Bridging Visas) Instrument 2017 was enacted to amend the Migration Regulations 1994, specifically targeting the procedural requirements for applications for various bridging visas. This legislative instrument was developed under the authority of the Migration Act 1958 and the Migration Regulations 1994, and it was introduced by the Minister for Immigration and Border Protection. The primary objective of this instrument is to update the application processes by including Form 866 (internet) as an approved form for making applications for certain bridging visas, thereby streamlining the application procedures for these visa categories. The instrument repeals the previous instrument, IMMI 2016/095, and comes into effect on 1 July 2017, ensuring that the procedural changes are implemented effectively.
Scope and Application
The Migration (IMMI 17/061: Arrangements for Applications for Bridging Visas) Instrument 2017, made under subregulation 2.07(5) of the Migration Regulations 1994, serves to specify the requirements for making applications for various bridging visas, namely 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). This instrument repeals the previous instrument IMMI 2016/095 and is designed to streamline the application process for certain bridging visas by including Form 866 (internet) as an approved form for making applications for visas Bridging A (Class WA), Bridging C (Class WC), and Bridging E (Class WE). This change is intended to enhance accessibility and convenience for applicants, aligning with the overarching objectives of the Migration Act 1958 and its associated regulations. The instrument is of a minor or machinery nature and does not substantially alter existing arrangements, and consultation was deemed unnecessary as per the Legislation Act 2003. The instrument is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, thereby not requiring a Statement of Compatibility with Human Rights. It came into effect on 1 July 2017.
Key Provisions
The primary operative sections of the Migration (IMMI 17/061: Arrangements for Applications for Bridging Visas) Instrument 2017 pertain to subregulation 2.07(5) of the Migration Regulations 1994 (paragraphs 1 and 2). This instrument specifies the requirements for making applications for certain types of bridging visas, including 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). One of the key provisions is the inclusion of Form 866 (internet) as an approved form for making applications for visas Bridging A (Class WA), Bridging C (Class WC), and Bridging E (Class WE).
The instrument imposes certain obligations on the applicants and the Department of Home Affairs. Applicants for the specified bridging visas must use the approved form, Form 866 (internet), to make their applications. This form is accessible online and must be completed and submitted as per the instructions provided. The Department of Home Affairs, on the other hand, must ensure that Form 866 (internet) is available and accessible to applicants and that the process for submitting applications via this form is clearly outlined and properly administered.
There are no specific offences, penalties, or civil/criminal consequences outlined in the instrument itself for non-compliance with the specified requirements. However, failure to comply with the requirements for making applications for bridging visas could potentially result in the application being refused, which could, in turn, affect the applicant's visa status and their right to remain in Australia. It is important to note that the instrument is of a minor or machinery nature and does not substantially alter existing arrangements, meaning that any existing legal frameworks and consequences for non-compliance remain in effect.