Migration (Payment of visa application charges and fees in foreign currencies) Instrument (LIN 22/001) 2022

Administered by Department of Home Affairs

Legislation au F2021L01829 Not in force Legislative Instrument

Legislation content

EXPLANATORY STATEMENT

Issued by authority of the Minister

Migration Regulations 1994

Migration (Payment of visa application charges and fees in foreign currencies) Instrument (LIN 22/001) 2022

1                The instrument, Departmental reference LIN 22/001, is made under paragraph 5.36(1A)(a) of the Migration Regulations 1994 (the Regulations). 

2                The instrument repeals Migration (Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument (LIN 21/003) 2021 (No. 2) (LIN 21/003) (F2021L00741) in accordance with subsection 33(3) of the Acts Interpretation Act 1901.  That subsection provides that a power to make a legislative instrument includes a power to amend or repeal that instrument in the same manner, and subject to the same conditions, as the power to make the instrument. 

3                The instrument commences 1 January 2022, and is a legislative instrument for the Legislation Act 2003 (the Legislation Act). 

Purpose

4                A number of fees and charges are payable in relation to visa applications.  Under subregulation 5.36(1A) of the Regulations, the amount of certain fees payable in a foreign currency is worked out on the basis of:

  • if the currency for the payment is specified in a legislative instrument under paragraph 5.36(1A)(a)—the exchange rate specified in the instrument; or
  • for any other currency—the method outlined in subregulation 5.36(2), which provides a formula using an exchange rate obtained on a commercial basis (paragraph 5.36(1A)(b)). 

5                The purpose of the instrument is to specify the exchange rates and foreign currencies used to make payments of certain fees, for paragraph 5.36(1A)(a) of the Regulations, from 1 January 2022.  The instrument also repeals LIN 21/003. 

6                The Department undertakes a biannual update of the exchange rates for the specified foreign currencies to the Australian dollar.  The purpose of the instrument is to reflect changes in foreign currencies exchange rates since the previous update.  LIN 22/001 ensures that Department officers at overseas posts can advise on and collect the correct amount for visa application charge payments from clients. 

7                It is noted that instrument has an additional purpose for the Australian Citizenship Act 2007 (the Citizenship Act).  An application made under that Act must be accompanied by the fees prescribed in the Australian Citizenship Regulation 2016 (the Citizenship Regulation) (see paragraph 46(1)(d) of the Citizenship Act). 

8                As of 1 January 2022, subsection 16(4) of the Citizenship Regulation will provide that, if a fee for an application for citizenship is to be paid in a foreign currency that is prescribed in the instrument, the conversion rate in the instrument will also apply in relation to the citizenship application (see also the Home Affairs Legislation Amendment (2021 Measures No. 2) Regulations 2021).  The 1 January 2022 commencement date aligns with the commencement of the instrument. 

Consultation

9                In accordance with paragraph 15J(2)(e) of the Legislation Act, consultation was not necessary. The instrument is of a minor nature and does not substantially alter existing arrangements.

10            The Office of Best Practice Regulation (OBPR) has advised that the instrument dealt with matters of a minor machinery nature and no regulatory impact statement was required.  The OBPR reference number is 25184. 

Details of the instrument

11            Paragraph (a) states each currency is specified in the table in Schedule 1 of the instrument.

12            Paragraph (b) states the exchange rate is specified for the specified currency mentioned in the table in Schedule 1 of the instrument.

13            Paragraph (c) repeals LIN 21/003.

14            Schedule 1 specifies, in a table, the currencies and their corresponding exchange rates for paragraph 5.36(1A)(a) of the Regulations. 

Parliamentary scrutiny etc. 

15            The instrument is exempt from disallowance under section 42 of the Legislation Act.  This is because under paragraph (b) of item 20 of the table in 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.

16            The instrument was made by a delegate of the Minister, acting under paragraph 5.35(1A)(a) of the Regulations.  

Overview

The instrument F2021L01829, titled "Migration (Payment of visa application charges and fees in foreign currencies) Instrument (LIN 22/001) 2022," was enacted to update and specify the exchange rates for the payment of certain fees in foreign currencies for visa applications under the Migration Regulations 1994. The instrument repeals the previous instrument, LIN 21/003, and introduces new exchange rates effective from 1 January 2022. The objective of this instrument is to ensure consistency and accuracy in the conversion rates used for processing visa application fees in foreign currencies, facilitating smoother transactions for applicants and officers at overseas posts. The instrument was made by a delegate of the Minister, aligning with the provisions of the Migration Regulations 1994 and the Legislation Act 2003, and it is exempt from disallowance.

Scope and Application

The Migration (Payment of Visa Application Charges and Fees in Foreign Currencies) Instrument (LIN 22/001) 2022 applies to the payment of certain visa application charges and fees in foreign currencies, specifically those specified in the instrument. This instrument is made under the Migration Regulations 1994 and repeals a previous instrument (LIN 21/001) to ensure that the exchange rates and foreign currencies used for these payments are updated and reflect current exchange rates. It applies to individuals and entities making visa applications who need to pay fees in foreign currencies as specified in the instrument, and it is applicable on a national level across Australia. The instrument does not apply to any fees or charges not specified within it. It was made under the authority of the Minister and commenced on 1 January 2022. The instrument also extends to citizenship applications under the Australian Citizenship Act 2007, where fees must be paid in the specified foreign currencies, using the exchange rates set out in the instrument. This legislative instrument is exempt from disallowance and does not require a Statement of Compatibility with Human Rights.

Key Provisions

The key provisions of the instrument are found in paragraphs (a) and (b) of the explanatory statement. Paragraph (a) specifies the foreign currencies in which certain fees and charges can be paid, while paragraph (b) specifies the exchange rates that apply to these payments (paragraphs 11 and 12). The instrument lists the currencies and their corresponding exchange rates in Schedule 1, which comes into effect from 1 January 2022 (paragraph 14). Furthermore, the instrument repeals the previous instrument, LIN 21/003, which was made under the same legislative authority but applied for a different period (paragraph 13). The instrument imposes obligations on various entities, primarily those involved in processing visa applications and citizenship applications. It requires that certain fees and charges be calculated and paid using the specified exchange rates for the listed foreign currencies (paragraph 4). For example, visa applicants who choose to pay in a foreign currency must use the rates specified in the instrument. Similarly, applicants for Australian citizenship who pay in a foreign currency must also use the rates specified in the instrument (paragraph 8). The instrument ensures that Department officers at overseas posts can accurately advise clients on the correct amount to pay in the specified currencies. There are no specific offences, penalties, or civil/criminal consequences outlined for breaching the terms of this instrument. However, the instrument's purpose is to ensure accurate and consistent application of exchange rates for certain fees and charges, which indirectly supports the administration of the Migration Regulations 1994 and the Australian Citizenship Act 2007. Any non-compliance with the specified exchange rates could lead to incorrect fee calculations, which might require rectification and could potentially delay the processing of visa or citizenship applications. The instrument itself does not specify any penalties for non-compliance, but such consequences would likely fall under the general administrative provisions of the relevant Acts.

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Area of Law
Immigration & Refugee Law
Instrument
Legislative Instrument
Concepts
Definitions & Interpretation
Repeal & Amendment
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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.