EXPLANATORY STATEMENT
Migration Regulations 1994
MIGRATION (IMMI 18/100: ARRANGEMENTS FOR APPLICATIONS FOR BRIDGING VISAS) INSTRUMENT 2018
(Subregulation 2.07(5))
- Instrument IMMI 18/100 is made under subregulation 2.07(5) of the Migration Regulations 1994 (‘the Regulations’).
- The instrument repeals IMMI 18/057 (F2018L00289) 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.
- This instrument only applies to applications made on or after 1 July 2018.
- The operation of this instrument is to specify arrangements for applications for bridging 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. This 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.
- The purpose of this instrument is to prescribe a form, Form 1008 (Internet), for Bridging E (Class WE) visas. This form differs from those prescribed in the repealed instrument IMMI 18/057. The new form may only be used by applicants who do not have a pending BVE application, as defined in the instrument, this measure will mitigate submission of surplus applications. The instrument replicates all other arrangements from the repealed instrument IMMI 18/057.
- This instrument does not substantially alter existing arrangements; as such changes are considered to be minor or machinery in nature. In accordance with paragraph 15J(2)(e) of the Legislation Act 2003 consultation was deemed not necessary.
- The instrument is made by a delegate of the Minister for Home Affairs and Minister for Immigration and Border Protection. The instrument making power is delegated to the Senior Executive Service, Band Two Officer of Immigration, Citizenship and Multiculturalism Policy Division under Minister – Delegations Instrument No. 5 of 2018 (Instrument Making Powers (MHA No. 5 of 2018).
- The Office of Best Practice Regulation (OBPR) has advised that a Regulation Impact Statement (RIS) is not required (OBPR Reference: 23813).
- 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.
- The instrument commences on 1 July 2018.
Overview
The Migration (Immi 18/100: Arrangements for Applications for Bridging Visas) Instrument 2018 was enacted to address the need for updated specifications in the application process for various bridging visas. This instrument, which came into effect on 1 July 2018, was made under subregulation 2.07(5) of the Migration Regulations 1994 and repealed the previous instrument IMMI 18/057, as per subsection 33(3) of the Acts Interpretation Act 1901. The objective of the instrument is to establish new requirements for applications made 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, while maintaining consistency with the former arrangements, except for a new form, Form 1008 (Internet), prescribed for Bridging E (Class WE) visas. This change aims to streamline the application process and prevent the submission of surplus applications by specifying that the new form can only be used by applicants who do not have a pending Bridging Visa E application. The instrument was created by a delegate of the Minister for Home Affairs and Minister for Immigration and Border Protection, under the authority delegated by Instrument Making Powers (MHA No. 5 of 2018).
Scope and Application
This instrument, made under the Migration Regulations 1994, governs the procedures for applications of bridging visas, specifically for Bridging A, B, C, D, E, and F visas. It applies to any application made on or after 1 July 2018, and it specifies the form and manner for these applications, particularly for Bridging E visas where it introduces a new Form 1008 (Internet) for applicants without a pending BVE application. This measure aims to prevent the submission of surplus applications. The instrument does not significantly alter existing arrangements and is deemed to be of a minor or machinery nature, thus consultation was not required under the Legislation Act 2003. It is exempt from disallowance and does not require a Statement of Compatibility with Human Rights. The instrument is made by a delegate of the Minister for Home Affairs and Minister for Immigration and Border Protection, with the instrument-making power delegated under the Minister – Delegations Instrument No. 5 of 2018.
Key Provisions
The main operative sections of this instrument, IMMI 18/100, pertain to the arrangements for applications for bridging visas under subregulation 2.07(5) of the Migration Regulations 1994 (paragraphs 1 and 2). This instrument specifies the requirements for making applications 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. It repeals the previous instrument, IMMI 18/057, and introduces a new Form 1008 (Internet) for Bridging E (Class WE) visa applications, which can only be used by applicants without a pending BVE application (paragraphs 4 and 5). The instrument maintains all other arrangements from the repealed instrument IMMI 18/057 and applies to applications made on or after 1 July 2018 (paragraphs 4 and 10).
The obligations imposed on parties by this instrument include the requirement to use the newly specified Form 1008 (Internet) for Bridging E (Class WE) visa applications for eligible applicants (paragraph 4). This measure aims to mitigate the submission of surplus applications. Additionally, applicants must ensure they meet the criteria for using the new form, specifically not having a pending BVE application (paragraph 4). The instrument also mandates that all applications for the specified bridging visas comply with the newly set arrangements, including the prescribed form and application process (paragraph 2).
The instrument does not introduce any new offences or penalties but ensures compliance with the new form requirements for Bridging E (Class WE) visas (paragraph 4). Any breach of the requirements for application forms or processes could result in the application being rejected or not processed, potentially leading to the applicant not receiving the visa or facing delays in their visa application process (paragraph 4). The instrument does not specify particular penalties for non-compliance but implies that adherence to the new requirements is essential for the proper processing of visa applications (paragraph 4).