EXPLANATORY STATEMENT
Migration Regulations 1994
MIGRATION (IMMI 17/124: ARRANGEMENTS FOR VISITOR (CLASS FA) VISA APPLICATIONS) INSTRUMENT 2017
(Item 1236)
- Instrument IMMI 17/124 is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations).
- The instrument revokes IMMI 17/076 (F2017L00832) 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. - The instrument operates for the Minister to specify arrangements for a person making an application for a Visitor (Class FA) visa. The instrument now includes online access to Indonesian passport holders to apply for a Visitor (Subclass 600) visa in the Tourist, Business and Sponsored Family Streams without the need to apply through an approved agent. This introduction of online lodgement is in line with the Australian Government’s pre-election commitment.
- Indonesian passport holders previously could only apply online for a Visitor visa through the services of an agent in Indonesia who is a party to an agreement with the Department of Immigration and Border Protection that provided the agent use to an internet facility for offshore visitor visa applications. The changes in this instrument ensure that from 18 November 2017, Indonesian 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 17/076.
- 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 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 18 November 2017.
Overview
The Migration (Immi 17/124: Arrangements for Visitor (Class FA) Visa Applications) Instrument 2017 was enacted to refine the application process for Indonesian passport holders seeking a Visitor (Subclass 600) visa in Australia. This instrument, which operates under the Migration Regulations 1994, was introduced by the Australian Government to fulfill a pre-election commitment aimed at improving the accessibility of visa applications for Indonesian nationals. Previously, Indonesian applicants could only apply for a Visitor visa online through approved agents in Indonesia, but this instrument now allows them to apply directly online without such intermediaries, effective from 18 November 2017. The instrument maintains all other application arrangements specified in the previous instrument, IMMI 17/076, and has been deemed minor or of a machinery nature, thus not requiring consultation, a Regulatory Impact Statement, or a Statement of Compatibility with Human Rights.
Scope and Application
The Migration (IMMI 17/124: Arrangements for Visitor (Class FA) Visa Applications) Instrument 2017, made under subregulation 2.07(5) of the Migration Regulations 1994, pertains to individuals applying for a Visitor (Subclass 600) visa. Specifically, the instrument addresses Indonesian passport holders, enabling them to apply for a Visitor visa online in the Tourist, Business, and Sponsored Family Streams without the requirement of an approved agent. This change aligns with the Australian Government's pre-election commitment and provides a streamlined process for eligible applicants. The instrument revokes the previous IMMI 17/076, ensuring that from 18 November 2017, Indonesian passport holders can directly apply for a Visitor visa online. The instrument maintains all other application arrangements specified in the previous instrument and is of a minor nature, thus not requiring consultation or a Regulatory Impact Statement. It is exempt from disallowance and does not require a Statement of Compatibility with Human Rights, as per the Legislation (Exemptions and Other Matters) Regulation 2015.
Key Provisions
The primary operative sections of the instrument IMMI 17/124 (F2017L01454) pertain to the arrangements for Indonesian passport holders applying for a Visitor (Class FA) visa, specifically under Subclass 600 in the Tourist, Business, and Sponsored Family streams (section 2). This instrument revokes the previous instrument, IMMI 17/076, which required Indonesian passport holders to apply for a Visitor visa through an approved agent. Now, Indonesian passport holders can directly apply online for a Visitor visa without the need for an agent, effective from 18 November 2017. This change aligns with the Australian Government’s commitment to streamline the visa application process for visitors.
The Act imposes specific obligations and requirements on Indonesian passport holders applying for a Visitor (Subclass 600) visa. They are now required to submit their applications online directly, without the need for an approved agent. This includes providing all necessary documentation and information through the online application portal. The instrument maintains other application arrangements specified in the previous instrument, ensuring that all other requirements for a Visitor visa application remain unchanged. This includes the need to meet eligibility criteria, such as having a valid passport, being of good character, and satisfying health and character requirements.
For Indonesian passport holders, the new arrangements mean that if they fail to comply with the requirements of the online application process, such as providing incorrect or incomplete information, this could result in the application being refused. The instrument does not explicitly state penalties for non-compliance, but generally, under the Migration Act 1958, non-compliance with visa application requirements can lead to a refusal of the visa application, which may also result in the applicant being ineligible for a visa for a specified period. Additionally, any false or misleading information provided in the application could result in more severe penalties, including potential criminal charges under the Act.
The instrument does not specify particular offences or penalties in its text but operates under the general provisions of the Migration Act 1958, which can include fines and imprisonment for providing false information in a visa application. However, the main consequence for Indonesian passport holders not adhering to the new online application process would likely be the refusal of their visa application. This refusal could also result in future applications being scrutinised more closely, potentially affecting their ability to visit Australia in the future.