EXPLANATORY STATEMENT
Migration Regulations 1994
SPECIFICATION OF ADDRESSES
(PARAGRAPHS 1104AA(3)(a) AND 1202A(3)(a))
- This Instrument is made under paragraphs 1104AA(3)(a) and 1202A(3)(a) of Schedule 1 to the Migration Regulations 1994 (‘the Regulations’).
2. Paragraph 1104AA(3)(a) provides that an application for a Business Talent (Migrant) (Class EA) visa must be made: (i) if the applicant’s residential address, given using form 47BU, is in Taiwan or PRC, including Hong Kong or Macau — at the address specified by the Minister, in an instrument in writing for this subparagraph; or (iii) in any other case — at the address specified in an instrument in writing, for this subparagraph.
3. Paragraph 1202A(3)(a) provides that an application for a Business Skills (Provisional) (Class UR) visa must be made: (i) if the applicant’s residential address, given using form 47BT, is in Taiwan or PRC, including Hong Kong or Macau — at the address specified by the Minister in an instrument in writing for this subparagraph; or (iii) in any other case — at the address specified in an instrument in writing, for this subparagraph.
4. The purpose of the Instrument is to specify the addresses for applications for Business Skills (Provisional) (Class UR) visas and Business Talent (Migrant)(Class EA) visas.
5. The Instrument operates to amend the existing address for applications for residents of Taiwan. The change will affect residents of Taiwan, who will, from the date of effect of the legislative instrument, be required to lodge applications for these visas at the specified address in Hong Kong.
6. This Instrument has been created as a consequence of the Regulation amendments made to paragraph 1104AA(3)(a) and paragraph 1202A(3)(a).
7. Consultation was undertaken before the Instrument was made with the Taiwanese government, Taiwanese migration agents, Department of Foreign Affairs and Trade and Austrade officials in Taipei and Hong Kong.
8. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 12272).
9. This Instrument number, IMMI 11/006, commences on 1 July 2011, immediately after the commencement of Migration Legislation Amendment Regulations 2011 (No. 1).