Overview

The Migration (LIN 20/003: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2020 was enacted to facilitate the payment of visa application charges and fees in foreign currencies under the Migration Regulations 1994. This instrument was introduced to address the need for a regular update of foreign currency exchange rates for calculating visa application fees, thereby ensuring that the payment process remains current and accurate. The instrument was made under the authority of the Migration Regulations 1994 and operates by specifying the relevant foreign currencies and their exchange rates against the Australian dollar, along with their corresponding International Organization for Standardization (ISO) codes. This update mechanism is intended to assist in determining the amount of a payment of a fee, excluding those payments to which specific subregulations apply. The instrument also repeals the previous Migration (LIN 20/001: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2020, reflecting a minor update rather than a substantial alteration to existing arrangements. The Office of Best Practice Regulation advised that a Regulatory Impact Statement was not required for this instrument.

Scope and Application

The Migration (LIN 20/003: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2020 applies to the payment of visa application charges and fees in foreign currencies as specified under the Migration Regulations 1994. This instrument specifically governs the exchange rates for foreign currencies to the Australian Dollar, ensuring that the relevant ISO codes are accurately noted to facilitate the calculation of payments. The instrument is applicable to all individuals and entities required to pay visa application charges and fees in foreign currencies, aligning with the broader regulatory framework of the Migration Regulations 1994. Geographically, the instrument operates within the Commonwealth jurisdiction of Australia, affecting all applicants and entities within its legislative reach. The instrument does not apply to visa application charges payments covered under subregulation 5.36(3A) of the Regulations and is designed to undergo a biannual update to reflect the current exchange rates. The instrument repeals the previous instrument, Migration (LIN 20/001: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2020, and has been made under the authority conferred by the Migration Regulations 1994.

Key Provisions

The primary operative sections of the Migration (LIN 20/003: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2020 (the Instrument) are established under paragraph 5.36(1A)(a) of the Migration Regulations 1994 (the Regulations). This Instrument specifies the foreign currencies allowed for payment of visa application charges and fees, including their corresponding International Organization for Standardization (ISO) codes and exchange rates in relation to the Australian Dollar (subsection 5.36(4) of the Regulations). The Instrument operates to replace the previous Migration (LIN 20/001: Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument 2020, as per subsection 33(3) of the Acts Interpretation Act 1901. The purpose of the Instrument is to facilitate the calculation of visa application charges and fees paid in foreign currencies by undertaking a biannual update of the exchange rates. The Instrument imposes obligations on those parties required to pay visa application charges and fees in foreign currencies. Specifically, it mandates that the amount of any payment in a foreign currency is to be calculated based on the exchange rate specified in the Instrument at the time of payment. The Instrument provides the relevant exchange rates and corresponding ISO codes to ensure consistency and transparency in the conversion process. This ensures that applicants have a clear understanding of the amount they are required to pay in Australian Dollar terms. The Instrument does not explicitly outline offences, penalties, or consequences for non-compliance. However, failure to comply with the specified exchange rates or payment procedures could potentially result in payment issues or delays in visa processing. The primary focus of the Instrument is to provide a clear and standardised method for calculating payments in foreign currencies, rather than imposing penalties for non-compliance. It is essential for applicants to adhere to the guidelines to avoid any potential disruptions in the visa application process. The Instrument, made under the authority of the Chief Finance Officer, Finance Division, is exempt from disallowance and therefore does not require a Statement of Compatibility with Human Rights. This exemption is in accordance with paragraph (b) of item 20 of the table in section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015. The Instrument came into effect on 1 July 2020, replacing the previous instrument and ensuring that the biannual update process for foreign currency exchange rates continues seamlessly.