EXPLANATORY STATEMENT
Migration Regulations 1994
MAKING AN APPLICATION FOR A HUMANITARIAN VISA
CLASSES OF PERSONS AND ADDRESSES
(Paragraph 1402(3)(a))
- This Instrument is made under paragraph 1402(3)(a) of Schedule 1 to the Migration Regulations 1994 (‘the Regulations’).
2. Paragraph 1402(3)(a) of Schedule 1 to the Regulations provides that an application by a person included in a class of persons specified by the Minister in an instrument in writing must be made by posting the application to the post office box address specified by the Minister or having the application delivered by a courier service to the address specified by the Minister.
3. The purpose of the Instrument is to specify classes of persons who apply for a Refugee and Humanitarian (Class XB) visa to post or deliver that application to a specified address and to be present in a specified country. This is to standardise and streamline global processing arrangements.
4. The Instrument operates to require all persons to lodge their Refugee and Humanitarian (Class XB) visa applications (form 842) in Australia where those applications are accompanied by a proposal (form 681 or 1417) completed by a proposer in Australia.
5. The Instrument has been amended to require a new class of persons proposed in accordance with form 1417 who are outside Australia to lodge their applications at the Offshore Humanitarian Processing Centre in Melbourne. Form 1417 has been introduced as part of the Community Proposal Pilot (the Pilot), enabling Approved Proposing Organisations to propose a visa applicant under the Pilot, which is part of the Humanitarian Program.
6. The Pilot was developed, and the Instrument made, following consultations with:
- Peak Humanitarian Organisations;
- Community Organisations;
- State, Territory and Local Governments; and
- Commonwealth Government Agencies.
7. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required because there is little or no compliance cost on business and no other impacts on business and individuals or on the economy or on competition (OBPR reference number 2012/14375).
8. Under subsection 44(2) of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.
9. The instrument, IMMI 13/026, commences on 1 June 2013, immediately after the commencement of Migration Amendment Regulation 2013 (No. 2).