Overview

The Migration (IMMI 18/063: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2018 was enacted to address the need for a biannual update of foreign currency exchange rates for the payment of visa application charges and fees, as outlined in the Migration Regulations 1994. This instrument was made under the authority of the Migration Act 1958 and operates to specify foreign currencies, their ISO codes, and their relevant exchange rates in relation to the Australian Dollar. The instrument replaces the previous instrument from 2017 and is intended to facilitate the calculation of fees under the specified regulation. The instrument was developed without the need for consultation as it is considered minor and does not substantially alter existing arrangements. Furthermore, the Office of Best Practice Regulation determined that a Regulatory Impact Statement was not necessary. The instrument was signed by the Chief Financial Officer, who was appropriately delegated the necessary powers, and it exempts from disallowance, thus not requiring a Statement of Compatibility with Human Rights.

Scope and Application

The Migration (IMMI 18/063: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2018 applies to the payment of visa application charges and fees by individuals or entities who are required to pay such fees in a foreign currency, as defined in the Migration Regulations 1994. This instrument facilitates the conversion of foreign currency payments into Australian Dollars using specified exchange rates for the relevant foreign currencies, as determined by the Minister under the Regulations. The instrument has a national reach, applying across all states and territories in Australia and affects all persons and entities subject to the Migration Regulations. It is designed to operate in conjunction with the Migration Regulations and any other relevant legislative instruments. The instrument does not include any exclusions, exemptions, or specific thresholds beyond what is outlined in the Migration Regulations, and it is made under the authority conferred by the Migration Act 1958. The application of the instrument may be extended or restricted through subordinate instruments, though the primary focus remains on the biannual update of foreign currency exchange rates to ensure accurate conversion of fees paid in foreign currencies.

Key Provisions

The key operative sections of the Migration (IMMI 18/063: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2018 include paragraph 5.36(1A)(a) of the Migration Regulations 1994 (Regulations), which empowers the Minister to specify foreign currencies and their relevant exchange rates in relation to the Australian Dollar. This specification is essential for determining the amount of payment required for fees under regulation 5.36 of the Regulations, excluding visa application charges (VAC) as per subregulation 5.36(3A). The instrument facilitates the calculation of fees in foreign currencies by providing updated exchange rates, ensuring that applicants can accurately determine their financial obligations in their respective currencies. The instrument operates for the purpose of biannually updating these exchange rates to reflect current market conditions, thereby maintaining the accuracy and fairness of fee calculations. The obligations imposed by the instrument primarily focus on the Minister's responsibility to specify the relevant foreign currencies and their ISO codes along with their exchange rates to the Australian Dollar. This task is undertaken biannually to ensure that the exchange rates used in fee calculations remain current and reflective of market conditions. The instrument also mandates that the Chief Financial Officer, Finance Division, who was delegated the necessary powers to make the instrument, adheres to the provisions outlined in the Delegations and Authorisations Instrument MHA No. 5 of 2018. These obligations ensure that applicants for visas can rely on up-to-date and accurate exchange rates when calculating their fees, thus streamlining the application process. Breach of the requirements set out in the instrument could potentially lead to discrepancies in the amount of fees paid, as applicants might use outdated or incorrect exchange rates. However, the instrument itself does not explicitly outline specific offences, penalties, or civil/criminal consequences for non-compliance by applicants. The instrument’s primary role is administrative and facilitative, ensuring that the Minister provides accurate exchange rates rather than penalising individuals for non-compliance. Nevertheless, any failure by the Minister to timely update the exchange rates could theoretically result in applicants overpaying or underpaying their fees, which could lead to administrative complications or disputes. The instrument is designed to support the integrity and efficiency of the visa application process by providing a transparent and standardised method for calculating fees in foreign currencies.