EXPLANATORY STATEMENT
Migration Regulations 1994
MIGRATION (IMMI 18/118: ARRANGEMENTS FOR VISITOR (CLASS FA) VISA APPLICATIONS) INSTRUMENT 2018
(Subregulation 2.07(5) and item 1236 of Schedule 1)
- Instrument IMMI 18/118 is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations).
- The instrument revokes IMMI 17/124 (F2017L01454) in accordance with
subsection 33(3) of the Acts Interpretation Act 1901, which 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. - The instrument operates for the Minister to:
- specify the approved forms, place and manner for making a valid visa application for a Visitor (Class FA) visa; and
- specify the travel agents that organised a tour an applicant must be a member of when intending to travel to Australia in the Approved Destination Status stream for a Subclass 600 (Visitor) visa.
4. The instrument is substantively the same as the repealed instrument (IMMI 17/124), except that it now specifies that all non-internet based applications made by applicants for a Subclass 600 (Visitor) visa in the Sponsored Family stream must be sent by post or courier to a specified address in Sydney, regardless of the location of the applicant’s sponsor. In the previous instrument, applications made by post or courier had to be sent to a specified address in either Sydney or Brisbane, depending on the state in which the applicant’s sponsor was located.
5. Additionally, the instrument specifies that all non-internet based applications made by applicants in Australia for a Subclass 600 (Visitor) visa in the Tourist stream must be made by post or courier to a specified address in Sydney, instead of Adelaide.
6. In accordance with paragraph 15J(2)(e) of the Legislation Act 2003, consultation was not necessary. The instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
7. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 23580).
8. The Senior Executive Service, Band 1 officer in Immigration and Visa Services Division who made the instrument was delegated the powers required to make the instrument in the Minister – Delegations Instrument No. 5 of 2018 (Instrument Making Powers) (MHA No. 5 of 2018), signed on 10 April 2018.
9. Under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, the instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
10. The instrument applies to new applications made on or after 1 July 2018.
Overview
The Migration Regulations 1994, enacted by the Parliament of Australia, are a foundational piece of legislation designed to govern the administrative aspects of Australia's immigration and visa processes. The Migration (Immi 18/118: Arrangements for Visitor (Class FA) Visa Applications) Instrument 2018, made under the authority of subregulation 2.07(5) of the Migration Regulations, was introduced to address procedural gaps in the application processes for the Visitor (Class FA) visa, specifically concerning the handling of non-internet based applications. This instrument aimed to streamline the application process by specifying the approved forms, locations, and methods for submitting applications, thereby enhancing the efficiency and consistency of visa application procedures. The policy objective underlying this instrument was to ensure that the application process for the Visitor (Class FA) visa is conducted in a structured and predictable manner, facilitating compliance and reducing administrative burdens on both applicants and the Department of Home Affairs.
Scope and Application
The F2018L00806 (Explanatory Statement) pertains to the Migration Regulations 1994, specifically detailing the arrangements for Visitor (Class FA) visa applications. This instrument is made under subregulation 2.07(5) of the Migration Regulations 1994, revoking the previous instrument IMMI 17/124. It applies to individuals and entities making applications for a Subclass 600 (Visitor) visa, detailing the approved forms and locations for submitting non-internet based applications. For applicants in the Sponsored Family stream, applications must be sent to a specified address in Sydney, whereas in the Tourist stream, applications must be made to Sydney instead of Adelaide. The instrument applies nationally and is effective from 1 July 2018, with no exclusions or exemptions specified beyond the scope of the changes noted. Subordinate instruments may further detail application processes, but this instrument itself primarily addresses procedural changes without extending or restricting application beyond its stated provisions.
Key Provisions
The key provisions of Instrument IMMI 18/118, which operates under the Migration Regulations 1994, primarily concern the process for making valid visa applications for a Visitor (Class FA) visa. The instrument (subsection 2.07(5)) revokes a previous instrument (IMMI 17/124) and provides new specifications regarding the approved forms, the places, and the manner for making these applications. Specifically, it mandates that all non-internet-based applications for a Subclass 600 (Visitor) visa must be sent to a specified address in Sydney. For applicants in the Sponsored Family stream, this applies regardless of the location of the applicant’s sponsor. Previously, such applications could be sent to either Sydney or Brisbane depending on the sponsor's state of residence. Additionally, for applicants in Australia applying under the Tourist stream, applications must be made by post or courier to Sydney, rather than Adelaide as previously allowed.
Under this instrument, entities and individuals involved in the visa application process are obligated to adhere to the new specifications. This includes travel agents who must be members of an approved organisation when arranging tours for applicants in the Approved Destination Status stream. The instrument ensures that all non-internet-based applications are submitted to a specific address in Sydney, streamlining the application process and ensuring consistency in handling visa applications. These obligations are intended to facilitate efficient processing and management of visa applications.
Breaches of the provisions outlined in the instrument may have legal consequences. Although specific penalties are not detailed in the explanatory statement, it is understood that failure to comply with the requirements for making a valid visa application could result in the application being deemed invalid. This may lead to delays in processing, additional administrative costs, or even refusal of the visa application. The seriousness of the consequences underscores the importance of adhering to the stipulated procedures for visa applications.