Overview

The Migration (LIN 19/185: Arrangements for Family (Temporary) (Class GH) Visa) Instrument 2019 was enacted to provide specific requirements for the Family (Temporary) (Class GH) visa, which includes the Subclass 870 - Sponsored Parent (Temporary) visa. This instrument was made under the Migration Regulations 1994 and is intended to address the need for a streamlined application process for temporary family visas. The enacting body for this instrument is a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, specifically a Senior Executive Service, Band One Officer of Immigration, Citizenship and Multiculturalism Policy Division. The policy objective is to ensure that applications for Class GH visas can be made exclusively via the internet, with sufficient time frames provided for both offshore and onshore applications to mitigate the impact of potential IT system outages. This legislative instrument is part of a broader initiative that commenced on 17 April 2019, aiming to facilitate the efficient processing of temporary family visas.

Scope and Application

The Migration (LIN 19/185: Arrangements for Family (Temporary) (Class GH) Visa) Instrument 2019, made under the Migration Regulations 1994, outlines specific requirements for the application process of the Class GH visa, particularly the Subclass 870 visa, also known as the Sponsored Parent (Temporary) visa. This legislative instrument applies to individuals seeking to apply for a Class GH visa, ensuring that the application process adheres to prescribed criteria and procedures. The instrument specifies that Form 1502 (Internet) is the approved form for making an application for a Class GH visa, and mandates that applications must be submitted online, with specific time frames for onshore and offshore applications. The jurisdictional reach of this instrument is national, aligning with the broader regulatory framework under the Migration Act 1958, and it does not exclude any particular categories of applicants or specific circumstances within its scope. However, certain exemptions and thresholds are incorporated to facilitate the application process while ensuring compliance with broader legislative intent. The instrument is subject to extension or restriction through subordinate instruments, which may further define the application requirements or operational parameters.

Key Provisions

The Migration (LIN 19/185: Arrangements for Family (Temporary) (Class GH) Visa) Instrument 2019 (subregulation 2.07(5)) sets out specific requirements for the Family (Temporary) (Class GH) visa, particularly focusing on the application process and the approved form to be used. This instrument was made under the Migration Regulations 1994 and specifies that Form 1502 (Internet) is the approved form for making an application for a Class GH visa (section 2). Additionally, it mandates that all applications for a Class GH visa must be made via the internet, outlining the permissible time frames for both onshore and offshore applications. The obligations imposed by this instrument require applicants for a Class GH visa to use the specified Form 1502 and submit their applications online. The instrument also sets a six-month window for offshore applications from the date of sponsorship approval and a 60-day period for onshore applications. This is designed to accommodate potential short-term IT system outages and ensure applicants have sufficient time to complete their applications. In terms of compliance, any breach of the requirements specified in the instrument could lead to the rejection of the visa application. While the instrument does not explicitly outline criminal or civil penalties, the failure to adhere to the specified application process and form requirements could result in administrative consequences, including delays or refusals in processing the visa application. The instrument was created under a delegation from the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, which grants it a certain level of authority and enforceability within the scope of the Migration Regulations 1994.