EXPLANATORY STATEMENT
Migration Regulations 1994
Migration (IMMI 18/014: Addresses for Applications for Parent Visas) Instrument 2018
Paragraphs 1124(3)(aa), 1130(3)(b) and 1221(3)(a)
- Instrument IMMI 18/014 is made under paragraphs 1124(3)(aa), 1130(3)(b) and 1221(3)(a) of the Migration Regulations 1994 (the Regulations).
- This instrument revokes IMMI 17/100 (F2017L01495) 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.
- IMMI 17/100 was a part of a new legislative scheme, which included new Regulations which were a Schedule to the Migration Legislation Amendment (2017 Measures No.4) Regulations 2017 (the Amending Regulations). The Amending Regulations were disallowed, however, IMMI 17/100 was exempt from disallowance under section 10 of the Legislation (Exemptions and other Matters) Regulation 2015, and therefore, remained in force. Further, because the authorising provision for IMMI 17/100 was an existing provision in the Migration Regulations and was not disallowed, the instrument continues to be valid. However, it was rendered ineffective in its operation as it was aligned to sections in the Amending Regulations which were disallowed.
- The instrument restores the requirements that were specified in instrument IMMI 09/046 which was the instrument revoked by IMMI 17/100.
- The instrument operates to specify the relevant postal and courier addresses where an applicant is required to send an application for Parent visas; Class AX, Class CA and Class UT. The specified places in the instrument are the same specified places set out in instrument IMMI 09/046.
- The purpose of the instrument is to ensure that all postal and couriered applications for Parent visas are sent to a Ministerial specified place.
- 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 23250).
- The Senior Executive Service, Band two, Visa and Citizenship Management Division was delegated the powers contained in paragraph 1124(3)(aa), paragraph 1130(3)(b) and paragraph 1221(3)(a) of Schedule 1 to the Regulations in Migration (Minister) (Instrument Making Powers) Delegation 2017, DEL 17/077, signed on 9 November 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.
- This instrument, IMMI 18/014, commences the day after it is registered on the Federal Register of Legislation.
Overview
The Migration Regulations 1994 Migration (IMMI 18/014: Addresses for Applications for Parent Visas) Instrument 2018 (IMMI 18/014) was introduced to rectify an operational issue arising from the disallowance of the Migration Legislation Amendment (2017 Measures No.4) Regulations 2017, which had previously altered the requirements for Parent visa applications. This instrument revokes the earlier instrument IMMI 17/100, which had aligned with the now-disallowed regulations, and reinstates the requirements specified in IMMI 09/046. The instrument is made under the authority of the Migration Regulations 1994 and specifies the postal and courier addresses for submitting applications for Parent visas, including Class AX, Class CA, and Class UT. The policy objective is to ensure that all applications are directed to the correct ministerial-specified locations, thereby maintaining the integrity and efficiency of the application process. The instrument is considered minor and does not substantially alter existing arrangements, and accordingly, consultation was deemed unnecessary, and a Regulatory Impact Statement was not required.
Scope and Application
The Migration (IMMI 18/014: Addresses for Applications for Parent Visas) Instrument 2018 is a regulatory instrument made under the authority of the Migration Regulations 1994. This instrument applies to individuals or entities submitting applications for specific Parent visas, including Class AX, Class CA, and Class UT. Its purpose is to restore the previous requirements for the submission of these visa applications by specifying the postal and courier addresses to which these applications must be sent. This instrument revokes a previous instrument, IMMI 17/100, which had become ineffective due to the disallowance of related regulations. The instrument reinstates the postal and courier addresses specified in an earlier instrument, IMMI 09/046. The instrument has a national jurisdictional reach as it is made under Commonwealth law. It does not require a Regulatory Impact Statement or a Statement of Compatibility with Human Rights, as it is considered of a minor or machinery nature and does not substantially alter existing arrangements. The instrument commences the day after its registration on the Federal Register of Legislation.
Key Provisions
The Migration (IMMI 18/014: Addresses for Applications for Parent Visas) Instrument 2018, under the Migration Regulations 1994 (Regulations), revokes the previous instrument IMMI 17/100, restoring the requirements specified in IMMI 09/046. Specifically, this instrument outlines the postal and courier addresses to which applications for Parent visas, including Class AX, Class CA, and Class UT, must be sent (paragraphs 1124(3)(aa), 1130(3)(b), and 1221(3)(a)). These addresses are the same as those specified in IMMI 09/046, ensuring continuity and clarity for applicants. The instrument's purpose is to direct all applications for Parent visas to specific, ministerial-specified locations, thereby maintaining a consistent and organised application process.
This Act imposes obligations on applicants for Parent visas to ensure their applications are sent to the correct addresses as specified in the instrument. The requirement is clear and unambiguous, mandating that all applications must be delivered to the designated postal or courier locations. The instrument is designed to streamline the application process and ensure that all submissions reach the appropriate department without confusion or delay. This is particularly important for the timely processing of visa applications, as any misdirected application could lead to significant delays or even the rejection of the application.
Failure to comply with the provisions of this instrument could lead to the application being considered invalid or incomplete. While the instrument itself does not specify particular offences, penalties, or consequences for non-compliance, it is implicit that incorrect submission could result in delays, additional administrative burdens, or the denial of the visa application. The seriousness of these potential consequences underscores the importance of adhering to the specified addresses. As the instrument is of a minor or machinery nature, it is exempt from disallowance and does not require a Statement of Compatibility with Human Rights, streamlining its implementation and compliance.