EXPLANATORY STATEMENT

Migration Regulations 1994

MIGRATION (IMMI 18/057: ARRANGEMENTS FOR APPLICATIONS FOR BRIDGING VISAS) INSTRUMENT 2018

(Subregulation 2.07(5))

1. Instrument IMMI 18/057 is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations).
2. The instrument repeals IMMI 17/061 (F2017L00768) under subregulation 2.07(5) of the Regulations and in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (Interpretation Act). Subsection 33(3) of the Interpretation Act 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.
3. This instrument only applies to applications made on or after 18 March 2018.
4. For sections 45 and 46 of the Migration Act 1958 (which deal with applications for visas), subregulation 2.07(5) of the Regulations empowers the Minister to make legislative instruments specifying requirements in relation to an approved form for making an application; the manner an application for a visa must be made; and the place where an application must be made. The instrument specifies these requirements for Bridging A (Class WA), Bridging B (Class WB), Bridging C (Class WC), Bridging D (Class WD), Bridging E (Class WE) and Bridging F (Class WF) visas.
5. The purpose of this instrument is to:
   1. clarify that an application for a Bridging E (Class WE) visa made on paper forms 1005 or 1008 may be lodged by sending the completed paper form by email, but only to one of the email addresses specified in the instrument;
   2. update the specified email addresses for lodgement of an application for a Bridging E (Class WE) visa made on paper forms 1005 or 1008, to reflect the new domain name for departmental email addresses;
   3. specify approved forms 482D (Internet), and 482V (Internet), for making an application for Bridging A (Class WA) and Bridging C (Class WC) visas; and
   4. specify approved forms 482D and 482V, for making an application for Bridging A (Class WA) and Bridging C (Class WC) visas, but only if authorised by the Department.
6. The clarification of the additional email option for lodgement of certain paper applications, and the update of the email addresses, for applications for a Bridging E (Class WE) visa made on paper forms 1005 or 1008, is of a minor or machinery nature and does not substantially alter existing arrangements. In accordance with paragraph 15J(2)(e) of the Legislation Act 2003 consultation deemed as not necessary.
7. The specification of approved forms 482D, 482V, 482D (Internet), and 482V (Internet), for making an application for Bridging A (Class WA) or Bridging C (Class WC) visas is part of a broad package of reforms for the employer sponsored skilled visa programs, announced by the Government on 18 April 2017. The Department of Home Affairs has engaged with external stakeholders since the announcement in developing the policy settings and considered feedback received. Some settings of the existing framework have been carried over to the Subclass 482 visa without amendment, and have not been the subject of consultation.
8. These reforms were also informed by earlier reviews including: the 2014 Independent Review into the integrity of the 457 programme; the 2016 Productivity Commission Inquiry Report: Migrant Intake into Australia; the 2016 Review of the Temporary Skilled Migration Income Threshold; and the 2016 Senate Inquiry A National Disgrace: The Exploitation of Temporary Work Visa Holders. These reviews were subject to extensive consultation processes, including: individuals; academics; bodies and businesses who use the employer sponsored skilled visa programs; migration agents; representatives of foreign governments; the Ministerial Advisory Council on Skilled Migration; and government departments and agencies.
9. In relation to the clarification of the additional email option for lodgement of certain applications, and the update of the email addresses, for applications for a Bridging E (Class WE) visa made on paper forms 1005 or 1008, the Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement (RIS) is not required (OBPR Reference: 23338).
10. A Regulation Impact Statement has been prepared in accordance with advice from the Office of Best Practice Regulation (OBPR). The OBPR Reference number is 21946.
11. Under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, the instrument is exempt from disallowance and a Statement of Compatibility with Human Rights is not required.
12. The instrument commences on 18 March 2018.