EXPLANATORY STATEMENT
Migration Regulations 1994
MIGRATION (LIN 19/046: ARRANGEMENTS FOR MEDICAL TREATMENT (VISITOR) (CLASS UB) VISA APPLICATIONS) INSTRUMENT 2018
(Subregulation 2.07(5))
- Instrument LIN 19/046 is made under subregulation 2.07(5) to the Migration Regulations 1994 (the Regulations).
- The instrument repeals LIN 18/090 (F2018101194) (the old law) in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the AIA). Subsection 33(3) of the AIA 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 to specify approved form and the approved place and manner of lodgement for an application for a Medical Treatment (Visitor) (Class UB) visa (Medical Treatment visa) to be valid.
- The purpose of the instrument is to provide the approved place and manner for making a Medical Treatment visa application. From 2 March 2019, the approved form can be lodged using the online Form 48ME form or by the paper Form 48ME method that existed under the old law. The lodgement of the non-internet application by submitting a paper form 48ME will be in accordance with the directions provided by the Department of Home Affairs either verbally or through email.
- In accordance with subsection 17(1) of the Legislation Act 2003, consultation was undertaken with internal and external stakeholders. External consultation included engagement with impacted stakeholders as follows:
- service delivery partners – discussions involved addressing ways to manage the impact of the move away from paper form lodgement; and
- organisations in the medical aid sector, including with relevant overseas posts.
- The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required 24704.
- 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.
- The instrument commences on 2 March 2019.
Overview
The Migration Regulations 1994, as amended by Instrument LIN 19/046, was introduced to address the need for updated procedures in the application process for a Medical Treatment (Visitor) (Class UB) visa, also known as a Medical Treatment visa. This instrument, enacted by the relevant legislature, aims to streamline and formalise the application process by specifying the approved form and manner of lodgement for such visa applications. Effective from 2 March 2019, it allows for applications to be submitted either through an online form or by using a paper form in accordance with Department of Home Affairs directions. This legislative update follows consultation with various stakeholders, including service delivery partners and medical aid sector organisations, to ensure the transition from paper to online applications is managed effectively. The instrument also exempts itself from disallowance and does not require a Statement of Compatibility with Human Rights, as advised by the Office of Best Practice Regulation.
Scope and Application
The Migration (LIN 19/046: Arrangements for Medical Treatment (Visitor) (Class UB) Visa Applications) Instrument 2018 (Instrument 2018) is made under subregulation 2.07(5) of the Migration Regulations 1994. This instrument, which repeals LIN 18/090, specifies the approved form and the approved place and manner of lodgement for an application for a Medical Treatment (Visitor) (Class UB) visa, also known as a Medical Treatment visa. The instrument is applicable to any individual or entity lodging an application for a Medical Treatment visa under the Migration Act 1958. The scope of the instrument is national, given that it pertains to the Migration Regulations 1994, which are federal laws. The instrument exempts itself from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015 and does not require a Statement of Compatibility with Human Rights. It came into effect on 2 March 2019 and allows for the approved form to be lodged either online or via a paper method, with directions for the latter provided by the Department of Home Affairs.
Key Provisions
The primary sections of this instrument (subregulation 2.07(5) of the Migration Regulations 1994) serve to specify the approved form and the approved places and manner for lodgement of an application for a Medical Treatment (Visitor) (Class UB) visa, also known as a Medical Treatment visa. This is effective as of 2 March 2019, replacing the previous arrangements set out in LIN 18/090 (F2018101194) in accordance with subsection 33(3) of the Acts Interpretation Act 1901. The instrument establishes that the approved form can now be lodged either via the online Form 48ME form or through the paper Form 48ME method, which was previously used. Any paper applications must be submitted in accordance with directions provided by the Department of Home Affairs, either verbally or via email.
The obligations and requirements imposed by this instrument are primarily concerned with the form and method of application for a Medical Treatment visa. Applicants must use either the online Form 48ME or the paper Form 48ME, following the specific directions provided by the Department of Home Affairs for the latter. The instrument also mandates that consultation was undertaken with relevant stakeholders, including service delivery partners and organisations in the medical aid sector, to ensure a smooth transition and to address any potential impacts of the changes. Furthermore, the instrument clarifies that it is exempt from disallowance and does not require a Statement of Compatibility with Human Rights.
Breach of the requirements set out in this instrument may lead to the application for a Medical Treatment visa being deemed invalid. While the instrument does not explicitly outline specific offences or penalties for non-compliance, it is likely that any invalid applications will be rejected, and applicants may be required to resubmit their applications in accordance with the specified forms and lodgement methods. Failure to comply with the directions provided by the Department of Home Affairs for paper applications could result in delays or refusal of the visa application. Additionally, there may be broader administrative or legal consequences if non-compliance is deemed to have caused significant issues or inefficiencies in the processing of visa applications.