IMMI 09/091
EXPLANATORY STATEMENT
Migration Regulations 1994
SPECIFICATION OF ADDRESSES
(SUBREGULATIONS 2.61(4), 2.61(5), 2.61(6), 2.66A(2), 2.66A(6), 2.73A(5), 2.73B(6), 2.73C(6) OF THE MIGRATION REGULATIONS 1994 AND PARAGRAPHS 1205(3)(c), 1220B(3)(b) OF SCHEDULE 1 TO THE MIGRATION REGULATIONS 1994)
- This Instrument is made under subregulations 2.61(4), 2.61(5), 2.61(6), 2.66A(2), 2.66A(6), 2.73A(5), 2.73B(6), 2.73C(6) to the Migration Regulations 1994 (‘the Regulations’) and paragraphs 1205(3)(c) and 1220B(3)(b) of Schedule 1 of the Regulations.
- Subregulations 2.61(4), 2.61(5), 2.61(6), 2.66A(2), 2.66A(6), 2.73A(5), 2.73B(6), 2.73C(6) of the Regulations and paragraphs 1205(3)(c) and 1220B(3)(b) of Schedule 1 of the Regulations provide that applications relating to an approval as a sponsor, a variation of a term of an approval as a sponsor, the process for nomination of various visas and an application for certain visas are to an address specified by the Minister for Immigration and Citizenship either by mail or by courier or transmitted by facsimile.
- The purpose of the Instrument is to specify the relevant addresses for posted applications and applications delivered by courier, by hand or by facsimile.
- The Instrument operates to specify addresses relating to certain sponsorship and nomination applications and certain visas which complement the new sponsorship framework at Division 3A of Part 2 of the Migration Act 1958 and new Part 2A of the Regulations.
- Consultation was not necessary 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.
- The instrument IMMI 09/091 commences on 14 September 2009.
Overview
The Migration Regulations 1994 were enacted to provide the legal framework for managing Australia's immigration system, and the specific Instrument F2009L03497 was introduced to address the need for clarity and precision in the administrative process for handling sponsorship and nomination applications, as well as certain visa applications. This Instrument was made under the authority of the Legislative Instruments Act 2003 and specifies the addresses to which applications should be submitted, whether by mail, courier, or facsimile. The objective of this Instrument is to ensure that all relevant applications are directed to the correct address, thereby complementing the broader framework established by the Migration Act 1958 and the Regulations. This streamlined approach aims to enhance efficiency and effectiveness in the processing of sponsorship and nomination applications, as well as specific visa applications, by providing clear and unambiguous instructions on where to submit these documents.
Scope and Application
The specified addresses regulation applies to entities and individuals involved in making applications relating to sponsorship approvals, variations to sponsorship terms, nomination processes for various visas, and specific visa applications under the Migration Regulations 1994. This includes sponsors, applicants, and any other relevant parties who are required to submit these applications to the Minister for Immigration and Citizenship by mail, courier, or facsimile. The legislation complements the broader regulatory framework established by the Migration Act 1958 and the Migration Regulations 1994, particularly the new provisions found in Division 3A of Part 2 of the Act and Part 2A of the Regulations. The specified addresses regulation is applicable nationally, as it pertains to Commonwealth legislation, thereby encompassing all jurisdictions within Australia. There are no stated exclusions, exemptions, or thresholds in this particular regulation. The regulation itself does not extend or restrict application through subordinate instruments; it merely provides the necessary addresses for the specified applications.
Key Provisions
The main operative sections of this legislation specify the addresses to which certain migration-related applications and notifications must be sent, either by mail, courier, hand delivery, or facsimile. These sections are under subregulations 2.61(4), 2.61(5), 2.61(6), 2.66A(2), 2.66A(6), 2.73A(5), 2.73B(6), 2.73C(6) of the Migration Regulations 1994, and paragraphs 1205(3)(c) and 1220B(3)(b) of Schedule 1 to the same Regulations. The Instrument specifies addresses for applications relating to sponsor approvals, variations of sponsor terms, nomination processes for various visas, and applications for certain visas. This is in line with the new sponsorship framework introduced in Division 3A of Part 2 of the Migration Act 1958 and new Part 2A of the Regulations.
These regulations impose clear obligations on applicants and sponsors. Applicants for sponsor approvals, variations, and nominations must ensure that their applications are submitted to the correct address as specified by the Minister for Immigration and Citizenship. This includes providing detailed information and documentation to support their applications. Sponsors must also comply with these requirements when submitting their applications and must keep accurate records of their submissions. The Regulations ensure that all relevant parties have a clear understanding of where to direct their applications to ensure they are processed efficiently and correctly.
Failure to comply with these requirements may result in administrative delays or even the rejection of applications. While specific offences, penalties, or civil/criminal consequences are not detailed in the explanatory statement, it is implied that non-compliance could lead to such outcomes under the broader framework of the Migration Act 1958 and the Migration Regulations 1994. Generally, breaches of the Regulations could potentially lead to penalties such as fines or, in more serious cases, legal action against the individual or entity responsible for the breach. These penalties would be in accordance with the provisions of the relevant legislation and any applicable case law.