Overview

The Explanatory Statement outlines the Migration Regulations 1994, specifically pertaining to the making of applications for a humanitarian visa, particularly for those classified under Class XB. Enacted in 2013, this legislative instrument addresses the need to standardise and streamline the global processing of humanitarian visa applications. The instrument specifies that applications for Refugee and Humanitarian (Class XB) visas must be submitted either by post or courier to a designated address, and in some cases, requires the applicant to be present in Australia. This was developed in consultation with various stakeholders, including peak humanitarian organisations, community groups, and government agencies, to ensure the regulations meet the practical needs of those seeking humanitarian visas. The objective of this legislation is to formalise the application process for humanitarian visas and to ensure consistency in how these applications are handled both domestically and internationally.

Scope and Application

The Instrument made under the Migration Regulations 1994 outlines specific requirements for the submission of applications for a Refugee and Humanitarian (Class XB) visa, primarily targeting individuals who are applying for such a visa. It mandates that applications from persons in Australia must be lodged at a specified post office box address or delivered via a courier service to a designated address. Additionally, the Instrument now includes a requirement for a new class of persons, those proposed in accordance with form 1417 and located outside Australia, to submit their applications at the Offshore Humanitarian Processing Centre in Melbourne. This directive aims to streamline the global processing of humanitarian visa applications and was developed through consultations with various stakeholders including humanitarian organisations, community groups, and government agencies. The regulations apply to the processing and submission of specific forms (681, 1417, and 842) and are designed to standardise the application process, ensuring consistency in how humanitarian visa applications are handled both within and outside Australia.

Key Provisions

The main operative sections of this Instrument (paragraph 1402(3)(a)) specify the process for humanitarian visa applicants to lodge their applications, which must be posted to or delivered at a particular address as directed by the Minister (paragraph 2). The Instrument was created to standardise and streamline the processing of Refugee and Humanitarian (Class XB) visa applications (paragraph 3). All applicants in Australia must lodge their form 842 applications, which are accompanied by a proposal form 681 or 1417 completed by a proposer in Australia, at the specified address (paragraph 4). Additionally, a new class of persons proposed in accordance with form 1417 who are outside Australia must lodge their applications at the Offshore Humanitarian Processing Centre in Melbourne (paragraph 5). The Instrument was developed following consultations with various organisations and government bodies, including peak humanitarian organisations, community organisations, state, territory and local governments, and commonwealth government agencies (paragraph 6). The obligations and requirements imposed by this Instrument are primarily concerned with the submission of humanitarian visa applications by specific classes of persons. These applicants must ensure their applications, accompanied by the relevant proposal forms, are posted or delivered to the specified address by the Minister (paragraph 2). For applicants in Australia, this means lodging their form 842 applications with the accompanying proposal form 681 or 1417 at the specified address (paragraph 4). For those outside Australia who are proposed in accordance with form 1417, the requirement is to submit their applications to the Offshore Humanitarian Processing Centre in Melbourne (paragraph 5). These requirements aim to streamline the processing of humanitarian visa applications and ensure consistency in the application submission process. Failure to comply with the requirements of this Instrument may lead to consequences for the applicants. While the Instrument does not explicitly detail specific offences, penalties, or consequences for breach, it is reasonable to infer that non-compliance could result in the rejection of an application, delays in processing, or other administrative issues. However, the explanatory statement does mention that a Regulatory Impact Statement is not required as there is little to no compliance cost on business and no other impacts on business, individuals, the economy, or competition (paragraph 7). Moreover, the Instrument is exempt from disallowance under subsection 44(2) of the Legislative Instruments Act 2003, and therefore, a Human Rights Statement of Compatibility is not required (paragraph 8). The commencement date of the Instrument is 1 June 2013, immediately after the commencement of the Migration Amendment Regulation 2013 (No. 2) (paragraph 9).