IMMI 15/030
EXPLANATORY STATEMENT
Migration Regulations 1994
ARRANGEMENTS FOR CHILD VISA APPLICATIONS 2015
(Items 1108, 1108A, and 1211)
- This Instrument is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations), for items 1108, 1108A and 1211 of Schedule 1 to the Regulations.
- This Instrument revokes Instrument number IMMI 11/014 Specification of Addresses [F2011L00454] signed on 27 April 2009, specifying a post office address and courier delivery address for the purposes of paragraph 1211(3)(ab) of Schedule 1 to the Regulations.
- Under subsection 33(3) of the Acts Interpretation Act 1901, where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character (including rules, regulations or by-laws), 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.
- The purpose of the Instrument is to specify the form numbers of the approved form or forms, the manner of lodgement and the addresses to which an application must be made for applications for Child (Migrant) (Class AH), Child (Residence) (Class BT), and Extended Eligibility (Temporary) (Class TK) visas.
- The Instrument operates to specify approved forms for making valid applications and addresses for lodgement and the manner in which applications must be made for making valid applications for the relevant visa classes.
- Consultation is unnecessary 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.
- 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.
- The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 17108).
- The Instrument, IMMI 15/030, commences on 18 April 2015.
Overview
The Arrangements for Child Visa Applications 2015 (F2015L00547) was enacted to address the need for clear and specific guidelines for the submission of child visa applications under the Migration Regulations 1994. This legislative instrument was introduced by the Australian Government under the authority of the Legislative Instruments Act 2003, aiming to streamline the application process for Child (Migrant) (Class AH), Child (Residence) (Class BT), and Extended Eligibility (Temporary) (Class TK) visas. The instrument revokes the previous specifications set out in IMMI 11/014 and provides new details regarding the approved form numbers, the method of application lodgement, and the designated addresses for submission. The policy objective is to ensure that visa applications are processed efficiently and accurately, reducing the administrative burden on both applicants and the Department of Immigration and Border Protection.
Scope and Application
The Arrangements for Child Visa Applications 2015 (F2015L00547) Instrument, made under the Migration Regulations 1994, pertains specifically to the processing of applications for Child (Migrant) (Class AH), Child (Residence) (Class BT), and Extended Eligibility (Temporary) (Class TK) visas. This legislative instrument revokes the previous Instrument number IMMI 11/014 and outlines the approved form numbers, the manner of lodgement, and the addresses to which applications must be submitted for these visa categories. The Instrument applies to individuals or entities lodging applications for the specified child visas, ensuring that they adhere to the prescribed forms and procedures for submission. The geographic scope of this Act is limited to Australia, as it operates under the Commonwealth's Migration Regulations 1994. As the Instrument is categorised as minor or machinery in nature, it does not require extensive consultation or a Human Rights Statement of Compatibility, nor does it necessitate a Regulatory Impact Statement.
Key Provisions
The primary operative sections of this legislation, namely items 1108, 1108A, and 1211 of the Migration Regulations 1994, specify the approved forms and the required procedures for lodging applications for Child (Migrant) (Class AH), Child (Residence) (Class BT), and Extended Eligibility (Temporary) (Class TK) visas. These sections ensure that the correct form numbers and submission addresses are used for these specific visa applications. For example, section 1108 specifies the form for Child (Migrant) visa applications, section 1108A details the form for Child (Residence) visa applications, and section 1211 outlines the form for Extended Eligibility (Temporary) visa applications. Each section mandates the use of these specified forms and dictates the exact addresses to which the applications should be sent, as well as the method of submission.
The obligations imposed by these provisions include the requirement for applicants to use the designated form numbers for their respective visa classes. Specifically, applicants for Child (Migrant) visas must use the form specified in item 1108, those applying for Child (Residence) visas must use the form in item 1108A, and applicants for Extended Eligibility (Temporary) visas must use the form in item 1211. Additionally, these provisions stipulate the addresses where the applications must be lodged, ensuring that all submissions are sent to the correct location. The manner of lodgement is also specified, which may include details on whether applications can be submitted in person, by mail, or electronically.
There are no explicit offences, penalties, or civil/criminal consequences outlined within the explanatory statement for non-compliance with these provisions. However, it is understood that failure to adhere to the specified procedures, such as using incorrect forms or submitting applications to the wrong addresses, could result in delays, additional processing time, or even the rejection of the visa application. The primary focus of these provisions is to streamline the application process and ensure that all submissions are processed efficiently and accurately. The legislation ensures that by following the prescribed procedures, applicants can avoid potential complications in their visa applications.