Overview

The Migration Regulations 1994 (Migration Regulations) Amendment Instrument 2019 (LIN 19/236) was enacted to correct a drafting error identified in a previous instrument, specifically the Migration (LIN 19/199: Arrangements for Visitor (Class FA) Visa Applications) Instrument 2019. The error, identified in Item 1236(6A) of Schedule 1 to the Regulations, pertained to incorrect references to subsections within the table detailing requirements for applicants seeking a Visitor Subclass 600 (Visitor) (Class FA visa) in the Frequent Traveller stream. This amendment ensures that the requirements for such applicants are accurately reflected in the Regulations. The instrument was made under the authority granted by the Migration Act 1958 and was signed by an Executive Level 2 officer in the Immigration Programs Division, who was delegated the necessary powers to make the instrument in accordance with Instrument Making Powers (Minister) Instrument 2019 (LIN 19/022). The instrument was deemed exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, thus negating the need for a Statement of Compatibility with Human Rights.

Scope and Application

The Migration (LIN 19/236: Arrangements for Visitor (Class FA) Visa Applications) Amendment Instrument 2019 amends the Migration (LIN 19/199: Arrangements for Visitor (Class FA) Visa Applications) Instrument 2019, specifically targeting applicants seeking a Visitor Subclass 600 (Visitor) (Class FA visa) in the Frequent Traveller stream. This legislative instrument rectifies a drafting error identified in the original instrument's table, ensuring that the correct subsections are referenced. The instrument applies to individuals and entities making applications for a Visitor Subclass 600 visa, particularly focusing on those in the Frequent Traveller stream. The amendment is within the Commonwealth jurisdiction, governed by the Migration Regulations 1994 and the Legislation Act 2003. This instrument does not require a Regulatory Impact Statement, as advised by the Office of Best Practice Regulation. Additionally, it is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, meaning a Statement of Compatibility with Human Rights is not necessary. The instrument's application is contingent on the commencement of the 2019 instrument, ensuring alignment and continuity in the legislative framework governing visitor visa applications.

Key Provisions

The main operative sections of the Migration (LIN 19/236: Arrangements for Visitor (Class FA) Visa Applications) Amendment Instrument 2019 (F2019L01107) are subregulation 2.07(5) of the Migration Regulations 1994. This instrument amends the requirements for the Visitor Subclass 600 (Visitor) (Class FA visa) in the Frequent Traveller stream. Specifically, it corrects an error in the previous instrument, LIN 19/199, by repealing and substituting the incorrect table in Schedule 6, which had references to incorrect subsections. The amendments are intended to ensure that the legislative instrument operates as intended, without requiring further consultation as stipulated by paragraph 15J(2)(e) of the Legislation Act 2003. The obligations imposed by this instrument on applicants for a Visitor Subclass 600 (Visitor) (Class FA visa) are that they must now meet the corrected requirements set out in the table at Item 1236(6A) of Schedule 1 to the Regulations. The instrument ensures that applicants in the Frequent Traveller stream can correctly reference the necessary subsections in their application, thereby fulfilling the primary criteria for this visa class. The Office of Best Practice Regulation has advised that no Regulatory Impact Statement is required for these amendments. In terms of consequences for non-compliance, the instrument does not explicitly state any specific offences, penalties, or civil/criminal consequences for breaches. However, failure to meet the requirements for a Visitor Subclass 600 (Visitor) (Class FA visa) could result in the application being refused, as stipulated by the Migration Act 1958. Under the Migration Regulations 1994, a person who makes a false or misleading statement in their visa application could be subject to penalties, including fines and imprisonment. The severity of these penalties depends on the nature and extent of the false or misleading statement. This instrument is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, and thus, a Statement of Compatibility with Human Rights is not required. The amendments come into effect immediately following the commencement of the Migration (LIN 19/199: Arrangements for Visitor (Class FA) Visa Applications) Instrument 2019, ensuring that applicants are aware of the correct requirements from the onset.