Overview

The Migration Regulations 1994, as amended by the instrument IMMI 18/079 issued in 2018, address the need for streamlined and efficient processing of parent visa applications by specifying the form, place, and manner of lodgement. This instrument, enacted by a delegate of the Minister for Home Affairs and Minister for Immigration and Border Protection, was introduced to remove the in-person lodgement option and instead mandate applications to be made by post or courier to specified addresses. The policy objective behind this change is to align the application requirements with legislative amendments and to allow for more flexible and responsive changes to the forms and addresses required for specific visas in the future. This reform was made following consultations with relevant stakeholders, including the Migration Institute of Australia, the public, and migration industry representatives, and is designed to enhance the efficiency and accessibility of the visa application process.

Scope and Application

The Migration (Immi 18/079: Arrangements for Parent Visa Applications) Instrument 2018 applies to applicants for specific parent visas under the Migration Regulations 1994. It concerns the Parent (Migrant) (Class AX), Aged Parent (Residence) (Class BP), Contributory Parent (Migrant) (Class CA), Contributory Aged Parent (Residence) (Class DG), Contributory Parent (Temporary) (Class UT), and Contributory Aged Parent (Temporary) (Class UU) visas. This instrument specifies that these applications must be made by post or courier to designated addresses, eliminating the in-person lodgement option that was previously available. The instrument is applicable across Australia, as it is a regulation under the Commonwealth’s Migration Act 1958. While the instrument itself does not contain specific exclusions, it operates in conjunction with the broader provisions of the Migration Regulations 1994, which may include exclusions and exemptions for certain individuals or circumstances. The instrument is subject to amendment through subordinate legislation, allowing for adjustments to the application process as necessary.

Key Provisions

The instrument IMMI 18/079, made under subregulation 2.07(5) of the Migration Regulations 1994, specifies the form, place, and manner in which applications must be made for six different Parent visas (subsection 4). These visas include the Parent (Migrant) visa (Class AX), the Aged Parent (Residence) visa (Class BP), the Contributory Parent (Migrant) visa (Class CA), the Contributory Aged Parent (Residence) visa (Class DG), the Contributory Parent (Temporary) visa (Class UT), and the Contributory Aged Parent (Temporary) visa (Class UU). This instrument effectively repeals the previous instrument, IMMI 18/014, and removes the in-person lodgement option, specifying instead that applications must be made by post or courier to specified addresses. The instrument imposes specific obligations on applicants for the aforementioned visas, requiring them to submit their applications in the prescribed form and to the correct address. This change streamlines the application process by centralising lodgement to specified postal or courier addresses, which must be adhered to for the application to be considered valid. This is aligned with amendments made to the Migration Regulations through the Home Affairs Legislation Amendment (2018 Measures No. 1) Regulations 2018, which facilitate more flexible and responsive legislative changes to application requirements. In the event that an applicant fails to comply with the requirements specified in the instrument, the application may be deemed invalid. This non-compliance could lead to delays in processing, additional administrative burdens, or even the outright refusal of the visa application. The specific consequences for non-compliance are not detailed in the explanatory statement, but generally, such breaches could result in administrative penalties or further scrutiny of the application. Given that the instrument is made under the authority of the Minister for Home Affairs and Minister for Immigration and Border Protection, any breaches of its provisions could result in civil or criminal consequences depending on the severity and intent of the non-compliance. While the maximum penalties are not explicitly stated in the explanatory statement, breaches of migration regulations typically attract fines and, in severe cases, may lead to prosecution. The instrument is exempt from disallowance and does not require a Statement of Compatibility with Human Rights, as advised by the Office of Best Practice Regulation and confirmed under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015.