Overview

The Migration Regulations 1994 were enacted to provide the legislative framework for the administration of Australia’s migration laws. This particular instrument, F2018L01194, was introduced to address the need for updating the administrative arrangements for Medical Treatment (Visitor) (Class UB) visa applications. The instrument, made under subregulation 2.07(5) of Schedule 1 of the Migration Regulations 1994, repeals a previous instrument, IMMI 15/037, to reflect changes in the approved place and manner for lodging visa applications. Specifically, it updates the addresses for postal and courier delivery to locations in Queensland, removes the fax number, and introduces an email address for application submissions. Additionally, it updates the name of the Department from the Department of Immigration and Border Protection to the Department of Home Affairs. This instrument, which is of minor regulatory nature, ensures that the administrative processes for visa applications remain efficient and up-to-date, facilitating smoother application procedures for applicants seeking medical treatment in Australia.

Scope and Application

The instrument F2018L01194, made under subregulation 2.07(5) of Schedule 1 of the Migration Regulations 1994, updates the procedures for submitting applications for a Medical Treatment (Visitor) (Class UB) visa. This legislation applies to individuals seeking to enter Australia for medical treatment purposes, thus impacting those who need to apply for the relevant visa. The instrument repeals the previous instrument IMMI 15/037, aligning the application process with the current administrative requirements and reflecting the transition of the Department’s name from the Department of Immigration and Border Protection to the Department of Home Affairs. The geographic reach of this instrument is national, as it pertains to visa applications handled by the Commonwealth of Australia. The instrument does not introduce any new substantive changes but rather modifies the administrative details, including the approved form, the manner of lodgement, and the designated place for submitting visa applications. It specifies the new postal address and courier delivery address in Queensland, removes the fax number, and replaces it with an email address. The instrument is exempt from disallowance and does not require a Regulatory Impact Statement or a Statement of Compatibility with Human Rights, as it is of a minor or machinery nature and does not substantially alter existing arrangements.

Key Provisions

The instrument, LIN 18/090, made under subregulation 2.07(5) of Schedule 1 of the Migration Regulations 1994, outlines the requirements for the application of a Medical Treatment (Visitor) (Class UB) visa, updating the procedure for lodgement and the approved places for submission (subregulation 2.07(5)). It repeals the previous instrument, IMMI 15/037, in accordance with subsection 33(3) of the Acts Interpretation Act 1901. The main sections of this instrument pertain to the specific form, method of lodgement, and the designated location for valid applications for a Class UB visa. These sections ensure that applicants follow a prescribed process to submit their applications accurately and effectively. The obligations imposed by this instrument on applicants include ensuring that their applications are submitted in the approved form and via the specified methods. The updated location for postal and courier submissions is now in Queensland, reflecting recent administrative changes within the Department of Home Affairs. Additionally, the instrument mandates the use of an email address instead of a fax number, adapting to modern communication practices. These obligations are designed to streamline the application process and ensure that all necessary documentation is received and processed efficiently by the Department. Non-compliance with the provisions of this instrument may result in the rejection of an application or other administrative consequences. Although the instrument itself does not explicitly detail specific offences or penalties, the general principles of the Migration Act 1958 apply. Breaches of the Act or Regulations could potentially lead to penalties, including fines or imprisonment, depending on the severity of the breach. Given the administrative nature of the instrument, the primary consequence of non-compliance would likely be the invalidation of the application, necessitating resubmission with the correct information and form. Given the minor nature of the instrument, consultation was deemed unnecessary, in accordance with paragraph 15J(2)(e) of the Legislation Act 2003. The Office of Best Practice Regulation also confirmed that a Regulatory Impact Statement was not required, as indicated in OBPR Reference 23757. This instrument is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, meaning it does not require a Statement of Compatibility with Human Rights. The instrument becomes effective on the day following its registration on the Federal Register of Legislation, ensuring that the updated procedures are promptly implemented.