EXPLANATORY STATEMENT

Migration Regulations 1994

CLASS OF PERSONS WHO MAY MAKE AN INTERNET APPLICATION FOR A TOURIST VISA

(REGULATION 1218(3)(d))

1. This Instrument is made under paragraph 1218(3)(d) of the Migration Regulations 1994 (‘the Regulations’).

2.                  Paragraph 1218(3)(d) of the Regulations provides that a Tourist visa application may be made on an internet form, if an applicant is in a class of persons specified in a Gazette Notice.

3.                  The purpose of the Instrument is to allow the Minister to specify which groups of people may apply for their Tourist visas over the internet.

4.                  The Instrument operates by specifying classes of persons who are eligible to apply for their visas over the internet.  These classes of persons are defined either as holders of specified passports, or as holders of specified passports who apply through approved travel agencies (in this case, Indian nationals applying through travel agencies with which DIMA has an agreement). Persons who do not fall into a class specified in the Instrument will not have lawful access to internet lodgement facilities.

5. Consultation was undertaken before the Instrument was made as follows:

• Tourism Australia and travel agencies in India have been working in partnership with DIMA through the ‘Preferred Aussie Specialist’ (PAS) scheme to improve visa access for Indian nationals.
• The procedures under which Indian nationals will be able to lodge applications for electronic Tourist visas have been developed in consultation with these parties.

6. The Instrument, IMMI 06/047, commences on 21 August 2006.