Overview

The Migration Regulations 1994, amended by the Migration (LIN 19/093: Arrangements for Protection, Refugee and Humanitarian Visas) Amendment Instrument 2019, addresses the need for minor typographical corrections in the legislative framework governing refugee and humanitarian visa applications. Enacted by the Australian Parliament, this amendment was introduced to rectify inconsistencies in the style and format of the earlier instrument, LIN 18/029, without affecting the substantive provisions that govern the processing and lodging of visa applications. This amendment ensures that the legislative language is uniform and clear, facilitating better administration and understanding of the legal requirements for visa applicants. The Office of Best Practice Regulation determined that a Regulatory Impact Statement was unnecessary due to the non-substantive nature of the changes, and the instrument was exempt from disallowance, thus not requiring a Statement of Compatibility with Human Rights.

Scope and Application

The Migration (LIN 19/093: Arrangements for Protection, Refugee and Humanitarian Visas) Amendment Instrument 2019 amends the Migration Regulations 1994, specifically altering the legislative instrument LIN 18/029. This amendment is focused on refining the procedural aspects of lodging applications for Refugee and Humanitarian (Class XB) visas and adjusting the designated places for submitting applications for Protection (Class XA) and Refugee and Humanitarian (Class XB) visas. The changes are intended to ensure a consistent style and format across the relevant legislative instruments, thereby streamlining the application process for these visas. The amendment does not affect the existing arrangements for applications made prior to the commencement of LIN 18/029 and is limited to minor typographical corrections. As such, it applies to individuals and entities involved in the submission of these specific visa applications within the Australian jurisdiction. The amendment does not extend to altering substantive eligibility criteria or the substantive rights and obligations of applicants. The instrument, being exempt from disallowance, does not require a Statement of Compatibility with Human Rights, and no Regulatory Impact Statement was deemed necessary by the Office of Best Practice Regulation.

Key Provisions

The Migration (LIN 19/093: Arrangements for Protection, Refugee and Humanitarian Visas) Amendment Instrument 2019 amends the Migration Regulations 1994. Specifically, it amends LIN 18/029 (F2018L01235) to ensure consistency in style and format. This amendment, detailed under subregulation 2.07(5) of the Migration Regulations 1994, involves minor typographical corrections to the previous instrument, which previously provided an additional method for lodging a paper application form for Refugee and Humanitarian (Class XB) visas, and removed certain locations as approved places for lodging Protection (Class XA) visa applications or Refugee and Humanitarian (Class XB) visa applications. This change does not affect applications made before the commencement of LIN 18/029, as stated in section 10 of Part 3 and Column 3 of the table in Schedule 1 to LIN 18/029. The obligations imposed by this amendment are primarily administrative, ensuring that the regulations maintain a consistent format and style. This is to avoid confusion and ensure that the process for lodging applications is clear and uniform. Given that this amendment does not alter the substantive rights or procedures involved in the visa application process, it places no additional burdens on applicants or on the entities responsible for processing these applications. The amendment simply refines the presentation of existing rules without changing their substance. There are no specific offences, penalties, or civil/criminal consequences associated with breaches of this amendment, as it involves minor typographical corrections rather than substantive changes to the law. The amendment is made under the authority provided by subsection 33(3) of the Acts Interpretation Act 1901, which allows for the amendment of previous instruments in a manner consistent with the original power conferred. Given that no new substantive obligations are introduced, there are no new consequences for non-compliance with the amended regulations. The instrument is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, meaning that it does not require a Statement of Compatibility with Human Rights. Additionally, the Office of Best Practice Regulation (OBPR) has determined that a Regulatory Impact Statement is not required for this minor amendment. The instrument comes into effect on the day following its registration on the Federal Register of Legislation, which ensures that the changes are implemented in a timely and transparent manner.