IMMI 15/034
EXPLANATORY STATEMENT
Migration Regulations 1994
ARRANGEMENTS FOR OTHER FAMILY VISA APPLICATIONS 2015
(Items 1123A, 1123B)
- This Instrument is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations), for items 1123A and 1123B of Schedule 1 to the Regulations.
- The purpose of the Instrument is to specify the form numbers of the approved form or forms and the location for lodgement of applications for Other Family (Migrant) (Class BO) and Other Family (Migrant) (Class BO) visas.
- The Instrument operates to specify approved forms for making valid applications and location 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 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 15/034, commences on 18 April 2015.
Overview
The Arrangements for Other Family Visa Applications 2015 (F2015L00553) was enacted under subregulation 2.07(5) of the Migration Regulations 1994. This legislative instrument addresses the need to specify the approved forms and locations for lodgement of applications for Other Family (Migrant) (Class BO) visas. The Regulations were enacted by the Parliament of Australia and this instrument serves to streamline the visa application process by clearly outlining the necessary forms and procedures. The primary policy objective is to ensure clarity and efficiency in the application process for family migrant visas, thereby facilitating a smoother pathway for applicants.
The enacting body for this instrument is the Australian Government, and it aims to rectify any ambiguity in the application process for Other Family (Migrant) visas. By providing explicit details on the approved forms and their lodgement locations, the instrument seeks to enhance the accessibility and manageability of these visa applications, ensuring that applicants can easily understand and follow the required steps. The instrument also ensures compliance with the existing legal framework by avoiding substantial alterations to the current arrangements.
Scope and Application
The IMMI 15/034 Arrangement for Other Family Visa Applications 2015, established under the Migration Regulations 1994, pertains specifically to the form numbers and lodgement locations for applications concerning Other Family (Migrant) (Class BO) visas. This legislative instrument applies to individuals seeking to apply for these specific family visas under the Migration Act 1958. The geographic reach of the Instrument is confined to Australia, as it pertains to the administration and processing of visa applications within the Australian jurisdiction. There are no exclusions or exemptions specified in this Instrument; however, it operates by detailing the approved forms and the specific locations where applications must be submitted to be considered valid, thereby ensuring that applicants comply with the requisite administrative processes. Subordinate instruments may further specify or refine the application process, but the primary focus of this legislation is to streamline the application procedures for Other Family (Migrant) visas by clearly delineating the necessary forms and submission protocols.
Key Provisions
The main operative sections of IMMI 15/034 are items 1123A and 1123B (1). These items specify the approved forms and the locations for lodging applications for Other Family (Migrant) (Class BO) and Other Family (Migrant) (Class BO) visas. By setting out these details, the Instrument ensures that applicants follow the correct procedures and use the correct forms when submitting their visa applications.
The Act imposes specific obligations on applicants making visa applications under items 1123A and 1123B. Firstly, applicants must use the approved forms detailed in the Instrument to ensure their application is valid. Secondly, they must lodge their applications at the locations specified in the Instrument. Compliance with these requirements is essential for the proper processing of visa applications. Failure to use the correct form or lodge the application at the specified location may result in delays or the outright rejection of the application.
Under the Migration Regulations 1994, breaches of the provisions outlined in IMMI 15/034 could lead to various consequences. If an application is not made on the approved form or is lodged at an incorrect location, the application may be considered invalid. This could result in the visa not being granted and the applicant potentially facing additional administrative hurdles to rectify the mistake. While the Instrument itself does not specify detailed penalties, the Migration Act 1958 provides for penalties in the case of providing false or misleading information in visa applications, which could apply if non-compliance is deliberate or negligent.
In summary, IMMI 15/034 provides clarity on the procedural requirements for making Other Family (Migrant) visa applications, ensuring that applicants use the correct forms and submit them to the appropriate locations. Compliance with these provisions is essential to avoid potential delays or rejections in visa processing. While the Instrument does not detail specific penalties, broader migration legislation allows for penalties in cases of non-compliance, particularly if false or misleading information is provided.