Overview

The Migration Regulations 1994 were amended through the instrument LIN 20/046 in 2020 to address the unique challenges posed by the COVID-19 pandemic, particularly in relation to the cancellation of Visitor (Class FA) visas for individuals in Australia. This legislative update was enacted to provide specific arrangements for visa applicants who were former holders of these visas and had their visas cancelled due to the public health emergency. The instrument revokes the previous arrangements set out in LIN 19/199 from 2019 and is designed to facilitate the application process for those affected by the pandemic, ensuring that there are clear guidelines for approved forms, application places, and the role of travel agents in the Approved Destination Status stream. The Minister's authority to make this instrument was confirmed through consultation with relevant stakeholders and the Office of Best Practice Regulation, which deemed a Regulatory Impact Statement unnecessary. The instrument also ensures compliance with legislative requirements, exempting it from disallowance and negating the need for a Statement of Compatibility with Human Rights.

Scope and Application

The Migration (LIN 20/046: Arrangements for Visitor (Class FA) Visa Applications) Instrument 2020, made under the Migration Regulations 1994, specifies the approved forms, places, and manner for making a valid visa application for a Visitor (Class FA) visa. This includes the Subclass 600 (Visitor) visa, and it also identifies the travel agents that may organise tours for applicants intending to travel to Australia as part of the Approved Destination Status stream. This instrument applies to individuals who were former holders of a Visitor (Class FA) visa and are currently in Australia, whose visas were cancelled due to the risk of a Public Health Emergency of International Concern, as designated by the World Health Organisation. The instrument provides arrangements for these individuals in response to the visa cancellations resulting from the Covid-19 pandemic. The instrument revokes the previous Migration (LIN 19/199: Arrangements for Visitor (Class FA) Visa Applications) Instrument 2019 and is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, thereby not requiring a Statement of Compatibility with Human Rights.

Key Provisions

The Migration (LIN 20/046: Arrangements for Visitor (Class FA) Visa Applications) Instrument 2020, under subregulation 2.07(5) of the Migration Regulations 1994 and item 1236 of Schedule 1 to the Regulations, specifies the approved forms, places, and methods for making valid visa applications for a Visitor (Class FA) visa. It also outlines which travel agents are approved to organise tours for applicants intending to travel to Australia under the Subclass 600 (Visitor) visa, which is part of the Approved Destination Status stream. This instrument revokes the previous Migration (LIN 19/199: Arrangements for Visitor (Class FA) Visa Applications) Instrument 2019, in line with the powers granted under subsection 33(3) of the Acts Interpretation Act 1901. The instrument imposes certain obligations on parties involved in visa applications. Visa applicants must adhere to the specified forms and procedures for submitting their applications, ensuring they meet all requirements for a Visitor (Class FA) visa. Travel agents must be approved and authorised to organise tours for applicants intending to travel to Australia under the Subclass 600 (Visitor) visa. Furthermore, the instrument mandates consultation with the Department of Health and industry stakeholders to address public health concerns, ensuring that visa applications are handled in a manner that protects the health, safety, and good order of the Australian community. Breach of the provisions outlined in the instrument may result in civil or administrative consequences. Visa applicants who fail to comply with the specified forms, places, and methods for making their applications may have their applications rejected, leading to delays or denial of their visa. Travel agents who are not approved to organise tours for applicants may face penalties, including fines or other administrative actions. The instrument does not explicitly state criminal or civil penalties but implies that failure to comply with its provisions could lead to significant consequences for those involved. The instrument exempts itself from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, which means a Statement of Compatibility with Human Rights is not required. This exemption ensures the instrument's validity and enforceability without the need for additional human rights scrutiny. The instrument takes effect the day after its registration on the Federal Register of Instruments, providing immediate legal force and applicability to the outlined provisions.