Overview

The Migration Regulations 1994 (Migration Regulations) were enacted to provide the framework for the administration of the Migration Act 1958. The Migration (LIN 18/215: Class of Persons eligible for nil visa application and Specified Events for Class GG Visa and Subclass 408 (Temporary Activity) Visa) Instrument 2018 was introduced to address specific gaps in the regulation concerning the eligibility of certain individuals for a nil visa application charge. This instrument, created under the authority delegated to Senior Executive Service, Band One officers of the Immigration and Visa Services Division, specifies the class of persons eligible for a nil visa application charge for Temporary Activity (Class GG) visas, including participants of the Arafura Games, thereby facilitating the participation of invited athletes and event personnel in the Arafura Games 2019. The instrument repeals a previous instrument and incorporates feedback from public consultations and relevant stakeholders, including the Northern Territory Chief Minister and the Arafura Games Steering Committee.

Scope and Application

The Migration Regulations 1994 Instrument 2018, specifically LIN 18/215, applies to a defined class of persons who are eligible for a nil visa application charge under the Temporary Activity (Class GG) visa and Subclass 408 visa. This instrument is particularly relevant to participants of the Arafura Games who are applying for the Subclass 408 visa as invited participants in an event stream. The instrument operates under the authority of a delegate of the Minister for Immigration, Citizenship and Multicultural Affairs, as outlined in subregulation 2.07(5) of the Migration Regulations 1994. This instrument replaces and repeals the previous instrument, IMMI 18/030, which had specified certain events such as the ASEAN Australia Special Summit 2018 and the Invictus Games Sydney 2018, events that have since concluded. The Australian Romantic and Classical Orchestra has also been excluded from the current instrument as it now meets the necessary criteria under subparagraph 6(3)(a)(i). The instrument is designed to provide clarity and specific eligibility for visa applicants involved in major events in Australia, facilitating smoother processing for these participants.

Key Provisions

The key provisions of the instrument, LIN 18/215, made under subregulation 2.07(5) of the Migration Regulations 1994 (paragraph 1), are to specify the class of persons for whom the visa application charge amount is nil for a Temporary Activity (Class GG) visa, and to define the specified events that permit this exemption. The instrument includes participants of the Arafura Games as eligible for a nil visa application charge for the Subclass 408 (Temporary Activity) visa (paragraph 3). It also removes previous references to concluded events such as the ASEAN Australia Special Summit 2018 and the Invictus Games Sydney 2018, and excludes the Australian Romantic and Classical Orchestra, which is now registered as a charity (paragraph 5). This instrument aims to streamline the visa application process for eligible participants of the Arafura Games, facilitating their participation without financial barriers. The obligations and requirements imposed by this instrument on the relevant parties include ensuring that applicants for the Subclass 408 visa who are participants of the Arafura Games are correctly identified and processed without incurring the visa application charge. This requires that the Department of Home Affairs and relevant service providers update their systems and procedures to accurately identify and process these applicants. Additionally, the instrument mandates that the Department consult with stakeholders such as the Northern Territory Government, the Arafura Games Steering Committee, and other relevant sectors to ensure the smooth implementation of the policy (paragraphs 6-9). This collaborative approach is crucial to ensure that the eligibility criteria are correctly applied and that the intended benefits of the exemption are realised. The instrument does not explicitly outline specific offences, penalties, or civil/criminal consequences for breach within its text. However, breaches of the Migration Regulations 1994 in general can lead to various penalties, including fines and imprisonment, depending on the nature and severity of the breach. For example, knowingly making a false or misleading statement in a visa application could result in a fine of up to 120 penalty units ($22,260) or imprisonment for up to two years, or both, under section 230A of the Migration Act 1958 (Cth). Ensuring compliance with the instrument is therefore essential to avoid such penalties and maintain the integrity of the visa application process.