EXPLANATORY STATEMENT
Migration Regulations 1994
MIGRATION (IMMI 17/076: ARRANGEMENTS FOR VISITOR (CLASS FA) VISA APPLICATIONS) INSTRUMENT 2017
(Item 1236)
- Instrument IMMI 17/076 is made under subregulation 2.07(5) of the
Migration Regulations 1994 (the Regulations) and item 3 of the table in
subitem 1236(6) of Schedule 1 to the Regulations for item 1236 of Schedule 1 to the Regulations. - The instrument repeals IMMI 17/021 (F2017L00128) under subregulation 2.07(5) of the Regulations and subitem 1236 of Schedule 1 to the Regulations in accordance with subsection 33(3) of the Acts Interpretation Act 1901, which 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.
- The instrument operates for the Minister to provide online access to Indian passport holders to apply for a Visitor (Subclass 600) visa in the Tourist, Business Visitor and Sponsored Family streams, without the need to apply through an approved agent. The introduction of online lodgement for Indian passport holders is one of the measures arising from the Government’s White Paper on Developing Northern Australia.
- Currently, Indian passport holders can only apply online for a Visitor visa through the services of an agent in India who is party to an agreement with the Department to use an internet facility for offshore visitor visa applications. The changes in this legislative instrument ensure that, from 1 July 2017, Indian passport holders can make online applications for a Visitor visa without the need to go through an approved agent. The instrument preserves all other application arrangements specified in the previous instrument IMMI 17/021.
- Pursuant to subsection 18(1) of the Legislative Instruments Act 2003, consultation was not necessary. The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements. The change impacts a small cohort of applicants who will gain access to the online application form in the same way as most other visa applicants.
- The Office of Best Practice Regulation (OBPR) has confirmed that a Regulatory Impact Statement is not required (OBPR Reference 16837). 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 17/076: Arrangements for Visitor (Class FA) Visa Applications) Instrument 2017 was enacted to amend the Migration Regulations 1994. This instrument was introduced by the Minister for Immigration and Border Protection under the authority granted by the Migration Act 1958. It aims to facilitate the application process for Indian passport holders seeking a Visitor (Subclass 600) visa, specifically in the Tourist, Business Visitor, and Sponsored Family streams, by allowing them to apply online directly rather than through an approved agent. This change aligns with the Government’s policy to develop Northern Australia, as outlined in the White Paper on Developing Northern Australia. The instrument streamlines the visa application process for this specific group, ensuring they can now apply online in the same manner as most other visa applicants, thus improving accessibility and convenience.
Scope and Application
The Migration Regulations 1994 Instrument, IMMI 17/076, applies specifically to Indian passport holders seeking to apply for a Visitor (Subclass 600) visa under the Tourist, Business Visitor, and Sponsored Family streams. This instrument allows these individuals to directly apply for their visas online without the necessity of engaging an approved agent. The instrument’s primary aim is to streamline the application process for this specific group, aligning with the Government’s broader strategy outlined in the White Paper on Developing Northern Australia. The regulation repeals the previous instrument, IMMI 17/021, to facilitate this change, ensuring that Indian passport holders have the same direct access to the online application process as other visa applicants. This legislative change, which comes into effect on 1 July 2017, is of a minor and administrative nature, making it exempt from disallowance and not requiring a Regulatory Impact Statement or a Statement of Compatibility with Human Rights.
Key Provisions
The main operative sections of the instrument IMMI 17/076, made under the Migration Regulations 1994, primarily focus on the arrangements for visitor visa applications, specifically for Indian passport holders (s. 2.07(5)). This instrument repeals the previous instrument IMMI 17/021, which required Indian passport holders to apply for a Visitor (Subclass 600) visa through an approved agent. Instead, IMMI 17/076 allows these applicants to apply directly online, effective from 1 July 2017, without the intermediary of an approved agent. This change aligns with the broader policy objectives outlined in the Government's White Paper on Developing Northern Australia, aiming to streamline the visa application process for this specific group of applicants.
The instrument imposes specific obligations on Indian passport holders seeking a Visitor visa in the Tourist, Business Visitor, and Sponsored Family streams. Under the new arrangement, these applicants must complete their visa application online, adhering to the guidelines and requirements set forth in the Migration Regulations 1994. The online application process will mirror that of other visa applicants, ensuring uniformity and efficiency in the application procedure. This shift to online applications also means that applicants must ensure they have the necessary documentation and information ready to submit their application electronically.
Breaches of the provisions outlined in the instrument could result in a variety of consequences, although the explanatory statement does not detail specific offences or penalties related to the new online application process. Generally, under the Migration Regulations 1994, failure to comply with visa application requirements can lead to application rejection, visa cancellation, or even deportation for visa holders. Additionally, submitting false information or engaging in fraudulent activities during the application process could result in civil or criminal penalties, including fines or imprisonment. The exact penalties would depend on the nature and severity of the breach, as outlined in the broader legislative framework governing migration and visa applications in Australia.