Migration Regulations 1994 - Specification of Arrangements for Protection, Humanitarian and Refugee Visas 2015 - IMMI 15/045

IMMI 15/045

EXPLANATORY STATEMENT

Migration Regulations 1994

ARRANGEMENTS FOR PROTECTION, HUMANITARIAN AND REFUGEE VISAS 2015

(Items 1401, 1402, 1403 and 1404)

1. This Instrument is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations), for items 1401, 1402, 1403 and 1404 of Schedule 1 to the Regulations.
2. This Instrument revokes instrument IMMI 13/026 (F2013L00851) specifying classes of persons and addresses for item 1402(3)(a) signed on 16 May 2013.
3. 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.
4. 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 Protection (Class XA) Subclass 866 (Protection) visa, Refugee and Humanitarian (Class XB) Subclasses 200 (Refugee), 201 (In-country Special Humanitarian), 202 (Global Special Humanitarian), 203 (Emergency Rescue) and 204 (Woman at Risk), Temporary Protection (Class XD) Subclass 785 (Temporary Protection) visas, and Safe Haven Enterprise (Class XE) Subclass 790 visas.
5. 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.
6. 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.
7. 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.

8.                   The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 17108).

9.                   The Instrument, IMMI 15/045, commences on 18 April 2015.