IMMI 15/037
EXPLANATORY STATEMENT
Migration Regulations 1994
ARRANGEMENTS FOR MEDICAL TREATMENT VISA APPLICATIONS 2015
(Item 1214A)
- This Instrument is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations), for item 1124A, of Schedule 1 to the Regulations.
- This Instrument revokes Instrument number IMMI 13/116 (F2013L01668), signed on 3 September 2013, specifying the post office box address, the courier address and the fax numbers for the purposes of subparagraphs 1214A(3)(a)(i), 1214A(3)(a)(ii) and 1214A(3)(a)(iii) 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 Subclass 602 (Medical Treatment) visas.
- The Instrument operates to specify the approved form for making valid applications and addresses for lodgement and the manner in which applications must be made for making valid applications for a Subclass 602 (Medical Treatment) visas.
- 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 Statement of Compatibility with Human Rights 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 15/037, commences on 18 April 2015.
Overview
The Migration Regulations 1994, as amended by the Arrangements for Medical Treatment Visa Applications 2015, were enacted to streamline and clarify the process for lodging applications for Subclass 602 (Medical Treatment) visas. This legislative instrument, F2015L00558, was introduced to replace the outdated Instrument number IMMI 13/116 and addresses the need for a more efficient and precise procedure for handling medical treatment visa applications. The enacting body, as per the Legislative Instruments Act 2003, specifies the approved forms, lodgement procedures, and addresses for submitting these applications. The policy objective is to ensure that applicants follow a clear and standardised process, thereby reducing administrative burdens and enhancing the efficiency of visa processing.
Scope and Application
The Migration Regulations 1994 Arrangements for Medical Treatment Visa Applications 2015 (Instrument IMMI 15/037) applies to any individual or entity submitting an application for a Subclass 602 (Medical Treatment) visa. This Instrument revokes the previous Instrument number IMMI 13/116 and sets out the details regarding the approved form for visa applications, the prescribed addresses for submission, and the manner of lodgement, thereby ensuring that applicants adhere to the correct procedures in making their applications. This regulatory change is made under the authority of the Migration Regulations 1994 and comes into effect on 18 April 2015. The Instrument is of a minor or machinery nature, as it does not substantially alter existing arrangements, and therefore does not require disallowance or a Statement of Compatibility with Human Rights. The Office of Best Practice Regulation has also indicated that a Regulatory Impact Statement is not necessary for this Instrument.
Key Provisions
The main operative sections of the Instrument (IMMI 15/037) revolve around the specifications for applications under Subclass 602 (Medical Treatment) visas, as outlined in sections 1214A(3)(a)(i), 1214A(3)(a)(ii), and 1214A(3)(a)(iii) of the Migration Regulations 1994. These sections detail the approved form for making valid applications, the manner in which applications must be made, and the specific addresses to which these applications should be submitted. This includes the use of a particular form number for applications, which is specified within the Instrument, and designates specific physical and postal addresses for submission, thereby ensuring uniformity and clarity in the application process.
The Instrument imposes certain obligations on applicants for Subclass 602 visas. Primarily, applicants must ensure they use the approved form number specified in the Instrument. Furthermore, they must lodge their applications in the prescribed manner, either by post or via a specified courier service, to the addresses indicated in the Instrument. This ensures that applications are processed efficiently and correctly, as per the requirements set out by the Regulations. It is also crucial that applicants adhere to the specified formats and submission methods to avoid delays or rejections.
There are no explicit offences or penalties mentioned in the Instrument itself. However, failure to comply with the requirements outlined in the Instrument may result in the application being deemed invalid. This could lead to delays or the outright rejection of the visa application, which in turn could impact the applicant's ability to receive medical treatment in Australia. The ultimate consequence of such non-compliance is the potential denial of the visa application, which may necessitate further steps to rectify the issues and resubmit a compliant application.