EXPLANATORY STATEMENT

Migration Regulations 1994

CLASS OF PERSONS

(Item 3 of the table in Subitem 1234(2)(a))

1. This Instrument is made under Item 3 of the table in Subitem 1234(2)(a) of the Migration Regulations 1994 (‘the Regulations’).
2. Item 3 of the table in Subitem 1234(2)(a) of the Regulations provides that an applicant who is seeking to satisfy the criteria for the grant of a Temporary Work (International Relations) (Class GD) visa and is an applicant of a kind specified by the Minister in an instrument in writing is prescribed a nil Visa Application Charge.
3. The purpose of the Instrument is to specify a nil Visa Application Charge (VAC) for applicants for a Temporary Work (International Relations) (Class GD) visa and who are:

(a)               Fulbright Scholars of the United States of America; or

(b)               Members of the family unit of a person to whom privileges and immunities are, or are expected to be, accorded under the International Organisations (Privileges and Immunities) Act 1963 or the Overseas Missions (Privileges and Immunities) Act 1995 and who is expected to be recommended by the Foreign Minister for the grant of a visa.

Foreign Minister is defined at Regulation 1.03 of the Regulations to be the Minister for Foreign Affairs.

4.                  The instrument operates to specify the classes of persons that can apply for a visa without having to pay a VAC.

5.                   Consultation was undertaken before the instrument was made with the following agencies:

(a) The Department of Employment and Workplace Relations, the International Group; and

(b) The Department of Foreign Affairs and Trade, The United States Branch.

6.                   The Office of Best Practice Regulation has advised that a Regulation Impact Statement (RIS) is required (OBPR Reference 12735).  The RIS relates to the Visa Simplification and Deregulation project and is associated with the Migration Legislation Amendment Regulation 2012 (No. 4).  The RIS has been tabled and registered on the Federal Register of Legislative Instruments with the Migration Legislation Amendment Regulation 2012 (No. 4).

7. Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.

8. This instrument, IMMI 12/087 commences on 24 November 2012, immediately after the commencement of Migration Legislation Amendment Regulation (No. 4).