EXPLANATORY STATEMENT
Migration Regulations 1994
SPECIFICATION OF A CLASS OF PERSONS FOR THE PURPOSES OF PARAGRAPH 1402(3)(a) AND ADDRESSES FOR THE PURPOSES OF SUBPARAGRAPHS 1402(3)(a)(i) AND (ii) OF THE MIGRATION REGULATIONS 1994
- This Instrument is made under regulation 1.17 and paragraph 1402(3)(a) of the Migration Regulations 1994 (‘the Regulations’).
2. Under regulation 1.17, the Minister may, by notice published in the Gazette, specify matters required by individual provisions of those Regulations to be specified for the purposes of those provisions.
3. Paragraph 1402(3)(a) of the Regulations provides that an application by a person included in a class of persons specified in a Gazette Notice 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.
4. The purpose of the Instrument is to require certain applications to be made in a designated place in order to provide increased flexibility in the way the Department manages its processing workloads, so as to improve client service and humanitarian program delivery.
5. The Instrument operates to require persons present in certain countries in Africa and the Middle East to lodge their class XB humanitarian visa applications (form 842) in Australia where those applications are accompanied by a proposer form (form 681) from a proposer in Australia. Proposers are Australian citizens, permanent residents or organisations operating in Australia.
6. The Instrument also corrects the address for lodgement for proposers lodging applications in New South Wales previously published incorrectly in the gazette.
7. Consultation is unnecessary as, under section 18(1) of the Legislative Instruments Act 2003, the Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
8. The instrument commences on the first moment of the day after it is registered on the Federal Register of Legislative Instruments.