Overview

The Migration Regulations 1994, as amended by the instrument F2013L00889, addresses the issue of removing Iran as a specified place and the Iranian Rial as a relevant currency for the payment of visa application charges for visas to Australia. This instrument was enacted under the authority of the Migration Regulations 1994 and came into effect on 1 June 2013. The policy objective behind this legislative change was to adjust the existing arrangements regarding fee payment locations and currencies, specifically to cease the acceptance of Iranian Rial in Iran for visa fee payments. The instrument operates by revoking the previous directive (IMMI 12/135) that had specified Iran and the Iranian Rial for such payments. This change was made under the minor or machinery nature of legislative instruments, which exempts it from extensive consultation and a Regulatory Impact Statement, as advised by the Office of Best Practice Regulation. Additionally, the instrument is exempt from disallowance under section 44 of the Legislative Instruments Act 2003, and therefore, a Human Rights Statement of Compatibility is not required.

Scope and Application

The Migration Regulations 1994, as amended by the Instrument IMMI 13/077, govern the payment of fees associated with visa applications for entry into Australia. This legislative instrument specifically targets the places and currencies through which such fees can be paid, as outlined in paragraphs 5.36(1)(a) and 5.36(1)(b) of the Regulations. The scope of this amendment is to exclude Iran as an approved location for the payment of visa fees and to exclude the Iranian Rial as a valid currency for such payments. This change revokes the previous Instrument IMMI 12/135, which had recognised Iran and the Iranian Rial for fee payments. The Instrument operates to ensure that fees, whether they are instalments of visa application charges, amounts of visa evidence charges, or other fees under the Regulations, are paid in approved locations and currencies, excluding Iran and the Iranian Rial from this list. The amendment is minor and procedural, not requiring extensive consultation, a Regulatory Impact Statement, or a Human Rights Statement of Compatibility, and it commenced on 1 June 2013.

Key Provisions

The main operative sections of this Instrument are paragraph 5.36(1)(a) and 5.36(1)(b) of the Migration Regulations 1994, which outline the requirements for the place and currency of fee payments. According to subregulation 5.36(1), fees must be paid in a specified location and in a specified currency, as determined by a Gazette Notice (paragraphs 5.36(1)(a) and 5.36(1)(b)). The purpose of the Instrument is to remove Iran as a designated place for fee payments and the Iranian Rial as a permissible currency for those payments when applying for a visa to enter Australia from Iran. It revokes the existing Instrument (IMMI 12/135), which previously specified Iran as a location for fee payments and the Iranian Rial as a permissible currency (paragraph 4). The obligations and requirements imposed by this Instrument on the parties or entities it governs are primarily concerned with fee payments for visa applications. Visa applicants who are in Iran must now pay their fees in a different place and currency than previously allowed, as the Instrument has removed Iran as a specified place and the Iranian Rial as a relevant currency for fee payments. This change may require applicants to seek alternative methods for fee payment, such as using other currencies or making payments in different locations. It is essential for applicants to stay informed about the specified places and currencies for fee payments to ensure compliance with the requirements outlined in the Migration Regulations 1994. The Instrument does not explicitly state any offences, penalties, or civil/criminal consequences for breach. However, non-compliance with the requirements for fee payments may lead to delays or complications in the visa application process, as the Department of Immigration and Border Protection may not accept fees paid in an unauthorised place or currency. It is crucial for applicants to adhere to the specified requirements to avoid any potential issues with their visa applications. This Instrument is of a minor or machinery nature and does not substantially alter existing arrangements, as stated in section 18(1) of the Legislative Instruments Act 2003 (paragraph 5). Therefore, consultation is deemed unnecessary. Furthermore, the Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 15040) (paragraph 6). Additionally, the Instrument is exempt from disallowance under section 44 of the Legislative Instruments Act 2003, and therefore, a Human Rights Statement of Compatibility is not required (paragraph 7). The Instrument, IMMI 13/077, commenced on 1 June 2013 (paragraph 8).