Overview

The Migration (LIN 20/049: Arrangements for child visa applications) Amendment Instrument 2020, enacted under subparagraph 2.07(5) of the Migration Regulations 1994, is designed to address the need for updating the form, place, and manner for making applications for specific child visas. This amendment instrument, also known as LIN 20/049, aligns with the broader objective of ensuring that the application process for child visas is up-to-date and reflects current administrative practices. The instrument specifically targets child migrant visas (Class AH), child residence visas (Class BT), and extended eligibility temporary visas (Class TK), ensuring that applications are posted or delivered by courier to the Department of Home Affairs, thereby updating the relevant addresses and application methods. This amendment is made in accordance with subsection 33(3) of the Acts Interpretation Act 1901, facilitating the amendment, revocation, or repeal of previous instruments. The legislative changes are a response to administrative updates and changes in departmental names, ensuring that the application process remains coherent and effective.

Scope and Application

The Migration (LIN 20/049: Arrangements for child visa applications) Amendment Instrument 2020 applies to specific classes of child visas within the Migration Regulations 1994, namely the Child (Migrant) class (Class AH), Child (Residence) class (Class BT), and Extended Eligibility (Temporary) class (Class TK). It is designed to update the procedures for making applications for these visas by specifying the form, place, and manner in which applications should be submitted. This amendment is applicable to applicants or their representatives who are required to submit applications for the aforementioned visa subclasses. Geographically, the instrument has a national reach as it pertains to the Commonwealth of Australia and operates under the Migration Act 1958. The instrument does not specify any exclusions or exemptions but rather provides streamlined procedures for application submission, which is intended to update the address for submission from the former Department of Immigration and Border Protection to the current Department of Home Affairs. The instrument may be further extended or restricted through subordinate instruments, though the primary focus remains on ensuring the application process for these specific child visa subclasses is up-to-date and aligns with the current administrative framework.

Key Provisions

The Migration (LIN 20/049: Arrangements for child visa applications) Amendment Instrument 2020 (LIN 20/049) amends IMMI 16/051 to update the form, place, and manner of making an application for certain child visas. Specifically, the instrument addresses the application process for the Child (Migrant) (Class AH) visas, including Subclass 101 (Child), Subclass 102 (Adoption), and Subclass 117 (Orphan Relative); Child (Residence) (Class BT) visas, including Subclass 802 (Child) and Subclass 837 (Orphan Relative); and Extended Eligibility (Temporary) (Class TK) visas, including Subclass 445 (Dependent Child) (sections 1, 2). These changes mandate that applications must now be posted or delivered by courier to the Department of Home Affairs. The instrument also updates the address for the Child (Residence) (Class BT) and Extended Eligibility (Temporary) (Class TK) classes of visa to reflect the change in the Department's name from the Department of Immigration and Border Protection to the Department of Home Affairs. Furthermore, the instrument removes references to who can make an application and where an application must be made as these are specified in the Regulations and not required in the instrument (section 3). The Migration (LIN 20/049: Arrangements for child visa applications) Amendment Instrument 2020 imposes specific obligations on applicants for the affected child visas. Applicants must ensure that their applications are submitted to the Department of Home Affairs either by post or by courier, following the updated guidelines. This requirement applies to Subclass 101 (Child), Subclass 102 (Adoption), Subclass 117 (Orphan Relative), Subclass 802 (Child), Subclass 837 (Orphan Relative), and Subclass 445 (Dependent Child) visas. Additionally, the instrument clarifies that the specific address for submission should be used for the Child (Residence) (Class BT) and Extended Eligibility (Temporary) (Class TK) visas, reflecting the name change of the Department. These changes necessitate that applicants review the updated information provided in the instrument to comply with the new submission requirements (section 3). The instrument does not specify any new offences, penalties, or consequences for non-compliance. However, any failure to comply with the updated application procedures could result in delays or rejections of visa applications. The specific consequences for non-compliance would depend on the circumstances of each individual application and the discretion of the Department of Home Affairs in processing the application. The instrument’s amendments are administrative in nature and aim to ensure that applications are submitted correctly to the appropriate department, thereby streamlining the application process for the specified child visas (section 1).