Migration Regulations 1994 - Approval of Australian Values Statement for Public Interest Criterion 4019 - 2015 - IMMI 15/065

Overview

The Australian Values Statement for Public Interest Criterion 4019 - 2015, as outlined in the Migration Regulations 1994, was enacted to address the need for applicants to formally acknowledge and adhere to certain values and principles considered integral to Australian society. This legislative instrument, introduced by the Australian government, seeks to ensure that all applicants for specified visas are aware of and commit to upholding Australian values, thereby aligning with public interest criterion 4019. The Instrument, which revokes the previous instrument IMMI 12/081 from 2012, was developed to streamline the process and update the required statements to reflect changes in visa classifications and policy. It applies to all applicants, including those whose applications are pending, ensuring consistency and clarity in the application process. The Instrument was enacted without the need for consultation or a Regulatory Impact Statement, as it is considered a minor adjustment to existing arrangements.

Scope and Application

The Australian Values Statement for Public Interest Criterion 4019 applies to applicants for various visa subclasses under the Migration Regulations 1994. Specifically, the Instrument specifies the required wording of a values statement that an applicant must sign to meet the public interest criterion 4019. This includes the specification of which visa subclasses require a statement that encompasses provisions relating to Australian citizenship. The Instrument applies to all applicants, including those whose applications have been submitted but not finally determined. The application of this Instrument is limited to those seeking or holding visas under the Migration Regulations 1994. This Instrument does not extend beyond the Commonwealth jurisdiction of Australia. The scope of the Instrument is limited to the amendment of the Australian Values Statement to reflect changes in visa subclasses, such as the removal of repealed visa subclasses, the transfer of a visa subclass from permanent to temporary list, and the inclusion of a new visa subclass. The Instrument does not require consultation as it is considered a minor or machinery change under the Legislative Instruments Act 2003, nor does it necessitate a Regulatory Impact Statement or a Human Rights Statement of Compatibility.

Key Provisions

The key operative sections of this legislation (Schedule 4, Part 3, Clause 3.1) are responsible for specifying the wording of the Australian Values Statement that applicants must sign to meet public interest criterion 4019. This Instrument revokes a previous Instrument, IMMI 12/081 (F2012L02214), and replaces it with updated wording. This new wording takes into account changes such as the removal of repealed visa subclasses, the transfer of a visa subclass from the permanent to temporary list, and the inclusion of a new visa subclass. These changes apply to all applicants, including those whose applications have already been submitted but not yet finalised. The Act imposes specific obligations on applicants seeking certain visas. The primary requirement is that applicants must sign a statement that adheres to the specified wording, as outlined in the new Instrument. This statement must reflect the values and principles considered by the public interest criterion 4019. For certain visa subclasses, the statement must include provisions relating to Australian citizenship. This ensures that applicants demonstrate their understanding and alignment with Australian values, which is a critical component of their visa application process. Failure to comply with the requirements of this Instrument may result in various consequences. While the legislation does not explicitly outline specific offences, penalties, or consequences for non-compliance, it is clear that not signing the required statement or providing incorrect information could lead to the rejection of a visa application. Additionally, any subsequent applications may be subject to further scrutiny and investigation. It is important for applicants to carefully adhere to the wording specified in the Instrument to avoid any potential complications with their visa application. This Instrument is designed to streamline and clarify the requirements for applicants, ensuring they meet the necessary public interest criteria. By specifying the exact wording of the Australian Values Statement, the legislation helps to maintain consistency and transparency in the visa application process. The minor nature of this Instrument, as noted in the Legislative Instruments Act 2003, means that it does not require consultation or a Regulatory Impact Statement. Furthermore, the exemption from disallowance means that a Human Rights Statement of Compatibility is not necessary. This Instrument, IMMI 15/065, officially commences on 1 July 2015, replacing the previous Instrument and updating the requirements for applicants.