EXPLANATORY STATEMENT

Migration Regulations 1994

Migration (LIN 20/049: Arrangements for child visa applications) Amendment Instrument 2020

(Subparagraph 2.07(5))

1. The instrument, Migration (LIN 20/049: Arrangements for child visa applications) Amendment Instrument 2020, which may be cited as LIN 20/049, is made under subparagraph 2.07(5) of the Migration Regulations 1994 (the Regulations).
2. The instrument amends IMMI 16/051 (F2016L01389) made under subparagraph 2.07(5) of the Regulations and in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the AIA). Subsection 33(3) of the AIA states that where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
3. The instrument operates to amend IMMI 16/051 to specify the form, place and manner for making an application for certain classes of child visas. The instrument is made under subregulation 2.07(5) of the Regulations, which allows an instrument to specify the approved form, place and manner for making a visa application, if an item in Schedule 1 to the Regulations requires this. The instrument is made for the purpose of the form, place and manner requirements in the following provisions of the Regulations:
   1. subitem 1108(1) and paragraph 1108(3)(a) of Schedule 1;
   2. subitem 1108A(1) and paragraph 1108A(3)(a) of Schedule 1;
   3. subitem 1211(1) and paragraph 1211 (3)(a) of Schedule 1.
4. The purpose of the instrument is to update the specified place and manner for making an application for the following visas:
   1. Child (Migrant) (Class AH) (item 1108):
      1. Subclass 101 (Child);
      2. Subclass 102 (Adoption);
      3. Subclass 117 (Orphan Relative);
   2. Child (Residence) (Class BT) (item 1108A):
      1. Subclass 802 (Child);
      2. Subclass 837 (Orphan Relative);
   3. Extended Eligibility (Temporary) (Class TK) (item 1211):
      1. Subclass 445 (Dependent Child).
5. Specifically, the instrument updates the place and manner for making an application for each visa class mentioned in the above paragraph to either be posted or delivered by courier to Department of Home Affairs. For the Child (Residence) (Class BT) and Extended Eligibility (Temporary) (Class TK) classes of visa, the instrument updates the address for postage or delivery by courier service to reflect the change of the Department’s name from the Department of Immigration and Border Protection to the Department of Home Affairs. For the Child (Migrant) (Class AH) class of visa, the place and manner is updated to being posted or couriered to the Department of Home Affairs. For all visa classes, references to who can make an application and where an application must be made are removed as these matters are specified in the Regulations and are not required in the instrument.
6. In accordance with paragraph 15J(2)(e) of the Legislation Act 2003, consultation was not required as the instrument is minor and machinery in nature and does not substantially alter existing arrangements.
7. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 26320).
8. The officer (Acting Senior Executive Service, Band One, Immigration Programs Division) who made the instrument, was delegated the powers under which the instrument is made in the Instrument of Delegation LIN 19/228, signed on 12 September 2019.
9. Under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, the instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
10. The instrument commences on 1 April 2020.