Overview

The Migration (LIN 20/179: Arrangements for child visa applications) Amendment Instrument 2020 was enacted to rectify a drafting error in the Migration Regulations 1994. This amending instrument, made under subparagraph 2.07(5) of the Regulations, amends IMMI 16/051 to correct an oversight where the option for an application for a dependent child outside Australia to be made outside Australia was inadvertently removed in a previous amendment. This amendment aims to restore the correct procedural guidance for these applications, ensuring that they can be made in the appropriate location as originally intended. The instrument was enacted by the relevant authority under the Migration Regulations 1994, reflecting the policy objective of maintaining accurate and effective legislative instruments to support the administration of visa applications.

Scope and Application

The Migration (LIN 20/179: Arrangements for child visa applications) Amendment Instrument 2020 amends the Migration Regulations 1994 to correct a drafting error in the IMMI 16/051 instrument, which was previously amended by the LIN 20/049 instrument. The amendment concerns the form, place, and manner for making an application for certain classes of dependent visas, particularly those for a dependent child outside Australia. This amendment applies to individuals who are seeking to make a visa application for a dependent child outside of Australia, ensuring that the correct application procedures are followed. The instrument operates within the framework of the Migration Regulations 1994, which are applicable across Australia, and the change is considered minor and administrative in nature, thus not requiring consultation or a Regulatory Impact Statement. The instrument is exempt from disallowance, and no Statement of Compatibility with Human Rights is required. It comes into effect on the day following its registration on the Federal Register of Legislation.

Key Provisions

The Migration (LIN 20/179: Arrangements for child visa applications) Amendment Instrument 2020 amends the Migration Regulations 1994 to correct a drafting error in the existing regulations. Specifically, it reinstates the provision allowing dependent child visa applications to be made outside Australia, which was inadvertently removed in a previous amendment (subitem 1108(1) and paragraph 1108(3)(a) of Schedule 1; subitem 1108A(1) and paragraph 1108A(3)(a) of Schedule 1; subitem 1211(1) and paragraph 1211(3)(a) of Schedule 1). This change is designed to rectify the error without imposing new obligations or altering the existing legislative framework in any substantial way. The instrument also outlines the approved form, place, and manner for making these applications, providing clear guidance for applicants and ensuring compliance with the legislative requirements. Under the amended regulations, applicants for dependent child visas must now follow the specified procedures and forms to submit their applications. The instrument ensures that these applications can be made from outside Australia, where appropriate, and adheres to the stipulated format and location requirements. This includes providing all necessary documentation and information in the prescribed manner, ensuring that applications are processed efficiently and accurately. The regulations also mandate that applicants must ensure that their applications are complete and meet all the criteria set out in the relevant sections of the Migration Regulations 1994. The Migration (LIN 20/179: Arrangements for child visa applications) Amendment Instrument 2020 does not introduce new offences or penalties but rectifies a previous error that may have led to the non-acceptance of applications made outside Australia. The instrument ensures that applicants who follow the specified procedures will not face penalties or additional scrutiny for errors arising from the previous drafting oversight. However, applicants who fail to comply with the form, place, and manner requirements, as outlined in the amended regulations, may still face consequences such as delays in processing or the rejection of their applications. It is crucial for applicants to adhere strictly to the guidelines to avoid any potential issues with their visa applications. In summary, the Migration (LIN 20/179: Arrangements for child visa applications) Amendment Instrument 2020 serves to correct a previous error in the Migration Regulations 1994, allowing for dependent child visa applications to be made outside Australia. This amendment ensures that applicants can follow the correct procedures and formats as specified in the regulations. While the instrument does not introduce new penalties, it is essential for applicants to comply with the amended requirements to avoid any potential processing issues with their visa applications.