EXPLANATORY STATEMENT

Migration Regulations 1994

ARRANGEMENTS FOR CHILD VISA APPLICATIONS 2015

(Subregulation 2.07(5), Items 1108, 1108A and 1211)

1. Instrument IMMI 15/136 is made under subregulation 2.07(5) of the Regulations, for the purposes of Items 1108, 1108A and 1211 of Schedule 1 to the Migration Regulations 1994 (the Regulations).
2. The Instrument revokes IMMI Number 15/030 (F2015L00547), Application for child visa applications 2015, under 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 purpose of the Instrument is to reflect changes that are being made to the items in the Migration Legislation Amendment (2015 Measures No. 4) Regulation 2015.
4. The Instrument operates to:
   1. specify approved forms for making valid applications, address for lodgement and the manner in which applications must be made for the purposes of subitems 1211(1) and paragraph 1211(3)(a) and subitems 1108(1) and 1108A(1) and paragraphs 1108(3)(a) and 1108A(3)(a) of Schedule 1 to the Regulations; and
   2. address the validity of an application for an applicant seeking to meet the requirements of either subclause 102.211(2) and 802.213(5) of Schedule 2 to the Regulations:
      1. for subitems 1108(3) and 1108A(3) of Schedule 1 to the Regulations, an application is not a valid application if the applicant is claiming to have been adopted:
         1. in an overseas country specified in the instrument; and
         2. in a period specified in the Instrument in relation to the specified overseas country.
5. Consultation was undertaken with the Department of Foreign Affairs and Trade (DFAT) and the Attorney-General’s Department (AGD) before the Instrument was made.
6. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 18945).
7. Under section 44 of the Legislative Instruments Act 2003, 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 Migration Legislation Amendment (2015 Measures No. 4) Regulation 2015.