Migration (IMMI 18/089: Arrangements for Other Visas) Instrument 2018

Overview

The Migration (IMMI 18/089: Arrangements for Other Visas) Instrument 2018, which commenced on 1 July 2018, was made under the Migration Regulations 1994 by the Department of Home Affairs to provide specific arrangements for various visa applications, including Confirmatory (Residence) (Class AK), Resolution of Status (Class CD), Border (Temporary) (Class TA), and Transit (Temporary) (Class TX) visas. This legislative instrument outlines the approved forms, places, and manners for making applications for these visas, and also specifies conditions under which applications can be made, such as the requirement that applications not be made when the applicant is in immigration clearance. The policy objective of the instrument is to streamline and formalise the process for making applications for these specific visa types, ensuring that they are submitted in the correct manner and under the appropriate conditions. The instrument has been amended on several occasions, most recently by the Migration (Arrangements for Other Visas) Amendment Instrument (LIN 23/012) 2023, which commenced on 14 February 2023. These amendments have updated the specific details regarding the approved forms and application processes for the various visa types covered by the instrument. The ongoing amendments reflect the need to adapt the legislative framework to changing circumstances and to maintain the effectiveness of the visa application process.

Scope and Application

The Migration (IMMI 18/089: Arrangements for Other Visas) Instrument 2018 applies to various classes of visas including the Confirmatory (Residence) (Class AK) visa, the Resolution of Status (Class CD) visa, the Border (Temporary) (Class TA) visa, and the Transit (Temporary) (Class TX) visa. This instrument is applicable to individuals who are seeking to apply for these specific types of visas, as well as to the Department of Home Affairs, which administers the visa application process. The instrument provides detailed specifications on the approved forms and the processes for submitting applications, varying by the kind of applicant and the circumstances of the application. Geographically, this instrument applies within Australia, with specific provisions for when and where applications can be made, depending on the applicant's status and category. The instrument is subject to amendments via subordinate instruments, with recent amendments made in 2022 and 2023, which have updated and refined the application processes and requirements. Exclusions and exemptions are detailed within the schedules of the instrument, specifying conditions under which certain types of applications may or may not be processed.

Key Provisions

The Migration (IMMI 18/089: Arrangements for Other Visas) Instrument 2018 (IMMI 18/089) provides specific details on the application procedures for various visa classes, namely the Confirmatory (Residence) (Class AK) visa, the Resolution of Status (Class CD) visa, the Border (Temporary) (Class TA) visa, and the Transit (Temporary) (Class TX) visa. Section 6 specifies the approved forms and the place and manner for making an application for the Confirmatory (Residence) (Class AK) visa, whereas Section 7 outlines the application process for the Resolution of Status (Class CD) visa, which must be submitted through ImmiAccount using form 1364 (Internet), or if authorised by an officer, through postal mail. Section 8 details the application requirements for the Border (Temporary) (Class TA) visa, and Section 9 provides similar details for the Transit (Temporary) (Class TX) visa, including conditions where an authorising email from the Department of Home Affairs is required for application submission. The Act imposes specific obligations on applicants and the Department of Home Affairs. Applicants must adhere to the prescribed application forms and methods, as outlined in the schedules of the instrument, and ensure that applications are not made during immigration clearance unless explicitly permitted. The Department of Home Affairs is responsible for issuing authorising emails and letters for specific visa applications, thereby facilitating the process for applicants who meet certain criteria. Additionally, the Department must maintain the ImmiAccount portal and ensure that all forms and application processes are up to date and accessible to applicants. The instrument does not explicitly detail criminal or civil penalties for breaches of its provisions within the provided text. However, it is understood that failure to comply with the specified application processes could lead to visa application rejections or other administrative consequences. In broader Australian migration law, non-compliance with visa application requirements can result in civil penalties, including fines and imprisonment, as well as potential criminal charges for providing false or misleading information. The specific penalties would depend on the nature and severity of the breach, as well as any relevant legislative provisions.