Overview

The Migration Regulations 1994, as amended by the legislative instrument F2012L01744, were enacted to address the specific issue of visa application charges for participants in the 2015 Asian Cup. This regulation specifies that participants of the 2015 Asian Cup, including those involved in the Preliminary Draw in October 2012 and any other related activities prior to the event, are exempt from paying the visa application charge (VAC) when applying for a Subclass 456 Business (Short Stay) visa. This was enacted to facilitate smoother participation of athletes and related personnel in the international sporting event. The regulation is issued under the authority of the Migration Act 1958 and aims to streamline the visa application process for those involved in the Asian Cup, reflecting a policy objective to support international sports events hosted in Australia.

Scope and Application

The Migration Regulations 1994, as specified in the Instrument IMMI 12/074, pertain to a particular class of individuals who are prescribed a nil visa application charge (VAC) for applying for a Subclass 456 (Business (Short Stay)) visa. This regulation applies to those who are participants of the 2015 Asian Cup, including the Preliminary Draw in October 2012 and any related activities leading up to the event in January 2015. The regulation aims to facilitate the immigration process for these individuals without imposing a financial barrier. The regulation operates under the authority granted by subparagraph 1223A(2)(a)(ix) of Schedule 1 to the Migration Regulations 1994, and it was developed in consultation with the Department of Immigration and Citizenship, the Office of Sport, and Football Federation Australia. This Instrument is exempt from disallowance under section 44 of the Legislative Instruments Act 2003, and thus, a Human Rights Statement of Compatibility is not required. The regulation takes effect the day after its registration on the Federal Register of Legislative Instruments and remains in force until 30 June 2013.

Key Provisions

The Migration Regulations 1994, as amended by the legislative instrument IMMI 12/074, specify a class of persons who are exempt from the visa application charge (VAC) when applying for a Subclass 456 Business (Short Stay) visa (paragraph 1). This class includes participants of the 2015 Asian Cup, which includes the Preliminary Draw held in October 2012 and any other activities leading up to the main event in January 2015. These regulations aim to facilitate smoother entry for individuals involved in the Asian Cup, thereby promoting the event and ensuring that those who need to travel for the tournament face minimal financial barriers. Parties or entities governed by these regulations, particularly the participants of the 2015 Asian Cup, must ensure that they meet the criteria set out in the legislation (paragraph 2). This means that to be exempt from the VAC, an applicant must be a participant in the Asian Cup activities as specified. The regulations require that participants provide evidence of their involvement in the event when applying for the visa. Failure to provide such evidence may result in the applicant being charged the standard VAC. Breaches of the provisions set out in these regulations could have several consequences (paragraph 3). While the explanatory statement does not detail specific offences or penalties, it is reasonable to infer that any misrepresentation or failure to comply with the conditions for VAC exemption could result in the applicant being charged the full VAC. Furthermore, if an individual is found to have provided false information to obtain a visa, they could face serious civil or criminal penalties under the Migration Act 1958, including fines and potential deportation. The severity of these penalties reflects the importance of adhering to the regulations governing visa applications.