Overview

The F2012L02214 Australian Values Statement for Public Interest Criterion 4019 was enacted in 2012 under Clause 3.1 of Part 3 to Schedule 4 of the Migration Regulations 1994, aiming to address the need for applicants to demonstrate adherence to Australian values as part of the public interest criterion 4019. This legislative instrument was introduced by the Minister for Immigration and Border Protection to specify the required wording of a statement that applicants must sign, affirming their commitment to values important to Australian society, matters concerning Australian citizenship where applicable, and compliance with Australian laws. The Instrument operates to specify the exact wording of the values statement required for each visa subclass, ensuring consistency and clarity in the application process. It was exempt from disallowance and did not require a Human Rights Statement of Compatibility, as it was considered a minor or machinery nature regulation under the Legislative Instruments Act 2003.

Scope and Application

The Migration Regulations 1994, as amended by this Instrument, apply to applicants for specific visa subclasses that are included within the SkillSelect online system. The regulation specifies the Australian Values Statement that applicants must sign to meet the requirements of public interest criterion 4019. This involves affirming adherence to values important to Australian society, relevant matters concerning Australian citizenship, and compliance with Australian laws. The Instrument specifies the required wording of the values statement for each visa subclass, including those that necessitate a statement concerning citizenship matters. The amendment revokes a previous Instrument and introduces new Temporary Work visas into the scope of this regulation. The geographic reach of this Instrument is national, applying across Australia as per the Migration Regulations 1994. The Instrument itself does not specify any exclusions or exemptions, but the application of public interest criterion 4019 may inherently exclude certain applicants based on their individual circumstances. The regulation extends its application through subordinate instruments, as mandated by Clause 3.1 of Part 3 to Schedule 4 of the Migration Regulations 1994.

Key Provisions

The main sections of the Migration Regulations 1994 (Schedule 4, Part 3, Clause 3.1) outline the approval process for an Australian Values Statement under public interest criterion 4019. Specifically, Clause 3.1 requires the Minister to approve one or more values statements for specified subclasses of visas through written instrument (Clause 3.1). The explanatory statement notes that the Instrument, numbered IMMI 12/081, revokes an earlier instrument, IMMI 12/016, to incorporate new Temporary Work visas (Clause 4). It mandates the required wording of the values statement, specifying which visa subclasses necessitate a statement that includes provisions concerning Australian citizenship (Clause 5). Furthermore, the Instrument ensures that the values statement reflects values important to Australian society and compliance with Australian laws (Clause 5). The obligations imposed by the Instrument are primarily on visa applicants. They must sign a values statement that adheres to the approved wording, ensuring it includes the necessary provisions regarding Australian values, citizenship matters (if applicable), and compliance with Australian laws (Clause 5). This requirement applies to specific subclasses of visas, which are detailed in the Instrument. Additionally, the Instrument mandates that the approved values statement be included in the SkillSelect online system, thereby streamlining the application process for these visa categories. Violations of the requirements set out in the Instrument can lead to various consequences. Although the explanatory statement does not explicitly mention specific offences or penalties, breaches of the Migration Regulations 1994 generally can result in serious legal repercussions. Under Australian law, non-compliance with migration-related provisions could lead to civil or criminal penalties, including fines and imprisonment, depending on the severity of the breach. The precise penalties would be determined based on the specific provisions of the Migration Act 1958 and other relevant legislation. Additionally, failure to comply with the Australian Values Statement requirement could result in visa application rejection or revocation of an existing visa.