EXPLANATORY STATEMENT

Migration Regulations 1994

MIGRATION (IMMI 17/100: ARRANGEMENTS FOR PARENT VISA APPLICATIONS) INSTRUMENT 2017

Subregulation 2.07(5)

1. Instrument IMMI 17/100 is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations). 
2. The Instrument revokes legislative instrument IMMI 09/046 (F2009L01827) 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.
3. The Instrument operates to remove the in-person lodgement option for Parent visa applications and specify lodgement of those applications by post or courier to the specified addresses.  This correlates with the proposed amendments to the Regulations, specified in the Migration Legislation Amendment (2017 Measures No. 4) Regulation 2017, which vary the requirements for making a valid application for the following Parent visas to allow the required application form and address for lodgement of a visa application to be specified in an instrument rather than Schedule 1 of the Regulations:

1.       Parent (Migrant) (Class AX) visa;
2.       Aged Parent (Residence) (Class BP) visa;
3.       Contributory Parent (Migrant) (Class CA) visa;
4.       Contributory Aged Parent (Residence) (Class DG) visa;
5.       Contributory Parent (Temporary) (Class UT) visa; and
6.        Contributory Aged Parent (Temporary) (Class UU) visa. 

4.             Providing for these matters to be specified in an instrument will allow more flexible and responsive legislative changes to the required forms and address for lodgement of specified visas to be made.   

5.                   In accordance with paragraph 15J(2)(e) of the Legislation Act 2003, consultation was not necessary.  The Instrument IMMI 17/100 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: 21350).

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.                   The Instrument commences on 18 November 2017.