EXPLANATORY STATEMENT
Migration Regulations 1994
Migration (LIN 20/068: Arrangements for Bridging visa applications) Instrument 2020
(Subregulation 2.07(5))
- Instrument LIN 20/068 is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations).
- The instrument repeals Migration (LIN 19/186: Arrangements for Applications for Bridging Visas) Instrument 2019 (F2019C00856) in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (Interpretation Act). Subsection 33(3) of the Interpretation Act 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.
- The instrument operates to specify arrangements for bridging visa applications under subregulation 2.07(5) of the Regulations. Subregulation 2.07(5) of the Regulations empowers the Minister to make legislative instruments if an item in Schedule 1 of the Regulations prescribes requirements by reference to an instrument made under subregulation 2.07(5), in relation to an approved form for making a visa application, the manner in which a visa application must be made, and the place where a visa application must be made. LIN 20/068 specifies these requirements for Bridging A (Class WA), Bridging B (Class WB), Bridging C (Class WC), Bridging D (Class WD), Bridging E (Class WE) and Bridging F (Class WF) visas.
- The purpose of this instrument is to amend a drafting error in the repealed instrument LIN 19/186 that added Form 1008 (Internet) as an approved form for a Bridging A (Class WA) visa and removed Form 1008 (Internet) as an approved form for an application for a Bridging E (Class WE) visa. LIN 20/068 ensures Form 1008 (Internet) is an approved form for a Bridging E (Class WE) visa where an applicant does not have another pending application for a Bridging E (Class WE) visa. This enables a valid Bridging E (Class WE) visa application to be made. The instrument replicates all other arrangements from LIN 19/186.
- In accordance with paragraph 15J(2)(e) of the Legislation Act 2003, external consultation was not necessary as the change was of a minor or machinery nature and does not substantially alter existing arrangements.
- The instrument is made by a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs. The instrument making power is delegated to the Senior Executive Service, Band Two Officer of Immigration and Community Protection Policy Division under the Instrument Making Powers (Minister) Instrument 2019/228 signed on 17 September 2019.
- The Office of Best Practice Regulation (OBPR) has advised that a Regulation Impact Statement is not required (OBPR Reference: 26084).
- 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.
- The instrument commences the day after it is registered on the Federal Register of Legislation.
Overview
The Migration (LIN 20/068: Arrangements for Bridging Visa Applications) Instrument 2020 was enacted to correct a drafting error in the previously repealed Migration (LIN 19/186: Arrangements for Applications for Bridging Visas) Instrument 2019. The objective of this instrument, made under subregulation 2.07(5) of the Migration Regulations 1994, is to ensure that Form 1008 (Internet) is recognised as an approved form for a Bridging E (Class WE) visa where an applicant does not have another pending application for the same visa. This amendment addresses the gap in the previous instrument that inadvertently omitted Form 1008 (Internet) as a valid form for certain Bridging E (Class WE) visa applications. The instrument is made by a delegate of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs and is exempt from disallowance, thus no Statement of Compatibility with Human Rights is required. This legislative instrument ensures that the arrangements for bridging visa applications are accurately and effectively specified in line with the Migration Regulations 1994.
Scope and Application
Instrument LIN 20/068, made under the Migration Regulations 1994, specifically amends arrangements for bridging visa applications, correcting a drafting error identified in a previous instrument. The instrument applies to all applicants for Bridging A (Class WA), Bridging B (Class WB), Bridging C (Class WC), Bridging D (Class WD), Bridging E (Class WE), and Bridging F (Class WF) visas within Australia. It ensures that Form 1008 (Internet) is an approved form for a Bridging E (Class WE) visa, provided the applicant does not have another pending application for the same type of visa. This instrument is intended to streamline the application process and rectify an oversight in the previous legislation. The instrument operates nationally across Australia, under the authority of the Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs, and is exempt from disallowance. The instrument is designed to ensure that the process for lodging bridging visa applications is clear and consistent, thereby facilitating the legal migration process for individuals in need of temporary visas.
Key Provisions
The key provisions of the Instrument LIN 20/068, made under subregulation 2.07(5) of the Migration Regulations 1994, primarily aim to correct a drafting error in the previous Instrument LIN 19/186 concerning the approved forms for specific bridging visa applications. The operative sections of this instrument, as stated in the explanatory statement, are primarily concerned with the specifications for the approved forms and the manner and place of making visa applications for various bridging visas, including Bridging A (Class WA), Bridging B (Class WB), Bridging C (Class WC), Bridging D (Class WD), Bridging E (Class WE), and Bridging F (Class WF). It is important to note that LIN 20/068 ensures Form 1008 (Internet) is an approved form for a Bridging E (Class WE) visa when no other application for this visa is pending, which was not the case under the previous instrument.
The obligations imposed by LIN 20/068 on the parties involved are largely procedural, stipulating the specific forms and procedures to be followed when making applications for various bridging visas. It ensures that applicants follow the correct process by specifying which forms can be used for which visa applications. This includes ensuring that applicants use Form 1008 (Internet) for a Bridging E (Class WE) visa application when no other application for this visa is pending. The instrument also replicates all other arrangements from the repealed LIN 19/186, maintaining consistency in the application process for other bridging visas.
There are no explicit provisions in the explanatory statement that detail offences, penalties, or civil or criminal consequences for breaches of LIN 20/068. However, it is reasonable to infer that any non-compliance with the specified requirements for visa applications, such as using an unapproved form or not following the prescribed procedure, could result in the application being rejected or the visa not being granted. Further, breaches of the Migration Regulations 1994 or related legislative provisions could potentially lead to civil or criminal penalties as prescribed by other sections of the Migration Act 1958 or associated regulations. The explanatory statement does not provide specific details on maximum penalties, but it is clear that adherence to the specified procedures and requirements is essential to avoid any adverse outcomes in the visa application process.