EXPLANATORY STATEMENT

Migration Regulations 1994

ARRANGEMENTS FOR BUSINESS SKILLS VISA APPLICATIONS 2016/077

(Items 1104AA, 1104BA, 1104B, 1112, 1113, 1202A, 1202B)

1. Instrument IMMI 16/077 is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations), for items 1104AA, 1104BA, 1104B, 1112, 1113, 1202A and 1202B of Schedule 1 to the Regulations.
2. The Instrument revokes IMMI 15/029 (F2015L00546) in accordance with
   subsection 33(3) of the Acts Interpretation Act 1901, which states where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
3. The Instrument operates to specify the approved forms for making a valid application for Business Skills – Business Talent (Permanent) (Class EA), Business Skills – (Permanent) (Class EC), Business Skills – (Provisional) (Class EB), Business Skills – (Residence) (Class DF), Distinguished Talent (Migrant) (Class AL), Distinguished Talent (Residence) (Class BX) and Business Skills – (Provisional) (Class UR) visas. The instrument further operates to specify the addresses for lodgement and the manner in which applications must be made for making valid applications for the relevant visa classes.
4. The purpose of the Instrument is to specify the approved form or forms, the manner of lodgement and the addresses to which an application must be made for applicants seeking to satisfy the criteria for grant of a Subclass 188 – Business Innovation and Investment (Provisional) in the Entrepreneur stream.
5. Consultation was undertaken with the Department of Industry, Innovation and Science, Prime Minister and Cabinet, and state and territory governments before this instrument was made.
6. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 20000)
7. Under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, the Instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
8. The Instrument commences immediately after the commencement of the
   Migration Amendment (Entrepreneur Visas and Other Measures) Regulation 2016.