Overview

The Migration (Immi 17/100: Arrangements for Parent Visa Applications) Instrument 2017, enacted under the authority of the Migration Regulations 1994, addresses the procedural requirements for Parent visa applications in Australia. It revokes a previous legislative instrument, IMMI 09/046, and specifies that Parent visa applications must be lodged by post or courier, rather than in person, to specified addresses. This change aligns with the broader amendments to the Migration Regulations, introduced through the Migration Legislation Amendment (2017 Measures No. 4) Regulation 2017, which aim to provide greater flexibility in the specification of application forms and lodgement addresses via legislative instruments rather than through the Regulations themselves. The objective is to facilitate more responsive and adaptable legislative changes. Enacted by the Australian government, this instrument streamlines the application process for Parent visas, ensuring they are lodged according to the most current requirements.

Scope and Application

The Migration (IMMI 17/100: Arrangements for Parent Visa Applications) Instrument 2017, made under subregulation 2.07(5) of the Migration Regulations 1994, operates to revoke the previous legislative instrument IMMI 09/046 and mandates that Parent visa applications must be lodged by post or courier to specified addresses, removing the in-person lodgement option. This legislative change is in alignment with the amendments proposed by the Migration Legislation Amendment (2017 Measures No. 4) Regulation 2017, which adjust the requirements for making a valid application for various Parent visas. This includes the Parent (Migrant) (Class AX) visa, Aged Parent (Residence) (Class BP) visa, Contributory Parent (Migrant) (Class CA) visa, Contributory Aged Parent (Residence) (Class DG) visa, Contributory Parent (Temporary) (Class UT) visa, and Contributory Aged Parent (Temporary) (Class UU) visa. By specifying the application forms and lodgement addresses through an instrument, the regulation aims to provide a more flexible and responsive approach to legislative changes. This Instrument is of minor or machinery nature and thus did not necessitate consultation under the Legislation Act 2003 or a Regulatory Impact Statement from the Office of Best Practice Regulation. Furthermore, it is exempt from disallowance under the Legislation (Exemptions and Other Matters) Regulation 2015, thereby not requiring a Statement of Compatibility with Human Rights. The Instrument came into effect on 18 November 2017.

Key Provisions

The key provisions of the Migration (Immigration 17/100: Arrangements for Parent Visa Applications) Instrument 2017, detailed in the explanatory statement, revolve around the changes to the way Parent visa applications are lodged. Specifically, the Instrument revokes the previous legislative instrument IMMI 09/046 (F2009L01827) and specifies that applications for certain Parent visas must be lodged by post or courier to designated addresses (Subregulation 2.07(5)). This change aligns with the amendments proposed by the Migration Legislation Amendment (2017 Measures No. 4) Regulation 2017, which update the requirements for a valid application to allow the specification of the required application forms and lodgement addresses through an instrument rather than in the Regulations themselves. The Parent visas affected by these changes include the Parent (Migrant) (Class AX) visa, the Aged Parent (Residence) (Class BP) visa, the Contributory Parent (Migrant) (Class CA) visa, the Contributory Aged Parent (Residence) (Class DG) visa, the Contributory Parent (Temporary) (Class UT) visa, and the Contributory Aged Parent (Temporary) (Class UU) visa. By specifying these requirements through an instrument, the legislation allows for more flexible and responsive changes to be implemented as needed. This Instrument imposes clear obligations on applicants for the specified Parent visas, mandating that they must lodge their applications by post or courier to the specified addresses. This change from the previous in-person lodgement option means that applicants must follow the new procedural requirements to ensure their applications are considered valid. The flexibility provided by the instrument allows the Department of Home Affairs to update the necessary details for lodgement without the need to amend the main body of the Migration Regulations 1994, ensuring that the process can adapt to changing circumstances more efficiently. Regarding the consequences of non-compliance, the explanatory statement does not specify any offences, penalties, or civil or criminal consequences for breach. However, it is implicit that failure to comply with the new lodgement requirements could result in an application being deemed invalid, which might lead to delays or rejection of the visa application. Given the nature of the changes, it is likely that the primary consequence of non-compliance would be administrative, rather than involving formal penalties or legal sanctions.