Overview

The Instrument, F2015L00559, made under subregulation 2.07(5) of the Migration Regulations 1994, specifies the form numbers, the manner of lodgement, and the addresses to which applications must be made for subclass 676 (Tourist) and subclass 651 (eVisitor) visas. This legislative instrument addresses a gap in the procedural clarity for visa applications, ensuring that applicants follow the correct processes for their visa applications. The Instrument revokes a previous instrument, IMMI 13/074, and was introduced to streamline and update the application process, reflecting current administrative practices. Made by the relevant authority under the Legislative Instruments Act 2003, the policy objective is to facilitate the efficient processing of visa applications by providing clear and updated guidelines for applicants.

Scope and Application

The Explanatory Statement for Instrument IMMI 15/038 outlines the scope and application of the provisions made under subregulation 2.07(5) of the Migration Regulations 1994, specifically for items 1218 and 1218AA concerning the eVisitor and subclass 676 visa applications. This Instrument revokes the previous Instrument IMMI 13/074 signed on 7 June 2013, which specified classes of persons for the purposes of subparagraph 1218(1)(b)(ii) of Schedule 1 to the Regulations. The current Instrument specifies the approved form numbers, the manner of lodgement, and the addresses to which applications for subclass 676 (Tourist) and subclass 651 (eVisitor) visas must be submitted, thereby ensuring the validity of such applications. The Instrument applies to individuals and entities seeking to apply for the specified visa subclasses, thereby impacting those travelling to Australia for tourism purposes under these visa categories. Given its nature, the Instrument does not require consultation, a Regulatory Impact Statement, or a Statement of Compatibility with Human Rights, as it is of a minor or machinery nature and does not substantially alter existing arrangements.

Key Provisions

The main operative sections of this legislative instrument are item 1218 and item 1218AA of Schedule 1 to the Migration Regulations 1994 (the Regulations). These items, as amended by the instrument, specify the approved forms and the procedures for making valid applications for subclass 676 (Tourist) and subclass 651 (eVisitor) visas. They detail the form numbers that must be used (section 1218), the method of lodgement, including electronic and postal options, and the specific addresses to which applications must be sent (section 1218AA). The instrument also revokes an earlier instrument, IMMI 13/074, which previously specified classes of persons for the purposes of subparagraph 1218(1)(b)(ii) of the Regulations. This Act imposes obligations on applicants for subclass 676 and 651 visas to use the specified approved forms and to lodge their applications in the prescribed manner. This includes providing all required documentation and ensuring that the application is submitted to the correct address. The Act also requires that applications are made in a timely fashion and in accordance with the stipulated guidelines, which include electronic and postal submission methods. Failure to adhere to these requirements could result in the application being considered invalid. Breach of the requirements stipulated in the Act can result in civil and criminal consequences. If an application is not made in accordance with the specified provisions, it may be rejected, and the applicant may face delays or denials in obtaining a visa. Furthermore, any fraudulent or misleading information provided in the application can lead to serious consequences, including visa cancellation, exclusion from Australia, and potential criminal charges. The maximum penalties for such offences can include substantial fines and imprisonment, as outlined under the Migration Act 1958 and other relevant legislation. It is crucial for applicants to ensure that their applications are accurate and complete to avoid these serious repercussions.