IMMI 15/045
EXPLANATORY STATEMENT
Migration Regulations 1994
ARRANGEMENTS FOR PROTECTION, HUMANITARIAN AND REFUGEE VISAS 2015
(Items 1401, 1402, 1403 and 1404)
- 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.
- This Instrument revokes instrument IMMI 13/026 (F2013L00851) specifying classes of persons and addresses for item 1402(3)(a) signed on 16 May 2013.
- 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 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.
- 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.
- 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 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.
Overview
The Arrangements for Protection, Humanitarian and Refugee Visas 2015 Instrument, made under the Migration Regulations 1994, aims to specify the form numbers, lodgement procedures, and addresses for making applications for various protection, refugee, and humanitarian visas. This legislative instrument revokes a previous instrument (IMMI 13/026) and is designed to streamline the application process for Protection (Class XA) Subclass 866, Refugee and Humanitarian (Class XB) Subclasses 200, 201, 202, 203, and 204, Temporary Protection (Class XD) Subclass 785, and Safe Haven Enterprise (Class XE) Subclass 790 visas. Crafted under the Legislative Instruments Act 2003, it is considered a minor adjustment and exempt from disallowance, thereby not requiring a Human Rights Statement of Compatibility or a Regulatory Impact Statement. This Instrument came into effect on 18 April 2015, facilitating a more organised and efficient process for applicants seeking these specific visa categories.
Scope and Application
The IMMI 15/045 Instrument, made under the Migration Regulations 1994, applies to individuals and entities seeking to apply for specific types of visas under Australian migration law. These include Protection (Class XA) Subclass 866 visas, Refugee and Humanitarian (Class XB) Subclasses 200, 201, 202, 203, and 204 visas, Temporary Protection (Class XD) Subclass 785 visas, and Safe Haven Enterprise (Class XE) Subclass 790 visas. The Instrument sets out the approved form numbers for these applications, the manner in which they must be lodged, and the specific addresses to which they must be sent. Given that the Instrument is classified as minor or machinery in nature under the Legislative Instruments Act 2003, it operates without the need for disallowance or a Human Rights Statement of Compatibility, as it does not substantially alter existing arrangements. The geographic scope of the Instrument is national, affecting all applicants for the specified visas across Australia. The commencement date for the Instrument is 18 April 2015.
Key Provisions
The primary sections of the Instrument (F2015L00562) pertain to items 1401, 1402, 1403, and 1404 of the Migration Regulations 1994 (Sections 1 and 2). This legislation details the form numbers for making valid applications and specifies the addresses and manner of lodgement for various visa classes, including Protection (Class XA) Subclass 866, Refugee and Humanitarian (Class XB) Subclasses 200, 201, 202, 203, and 204, Temporary Protection (Class XD) Subclass 785, and Safe Haven Enterprise (Class XE) Subclass 790 visas. The Instrument revokes the previous instrument, IMMI 13/026 (F2013L00851), which had specified similar details for item 1402(3)(a) and was signed on 16 May 2013.
The Instrument imposes specific obligations on applicants for the aforementioned visas. It mandates the use of approved forms for applications, clearly delineates the addresses where applications should be lodged, and outlines the procedures for submission. These requirements ensure that all applications are consistent and submitted in the correct format, facilitating a streamlined and uniform process for visa applications. The Instrument does not substantially alter existing arrangements, as it is considered of a minor or machinery nature under section 18(1) of the Legislative Instruments Act 2003, hence consultation was deemed unnecessary.
Under the legislative framework, there are no specific offences, penalties, or consequences outlined for breaches of these provisions. However, failure to comply with the stipulated requirements for application form, lodgement address, and manner of submission could result in the rejection of the application. This non-compliance could lead to delays, additional administrative burdens, or even the denial of the visa if the application does not meet the prescribed standards. The Instrument is exempt from disallowance under section 44 of the Legislative Instruments Act 2003 and does not require a Human Rights Statement of Compatibility. Furthermore, the Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not necessary, as per OBPR Reference 17108. The Instrument came into effect on 18 April 2015, replacing the previous specifications and ensuring that all applications are made according to the current requirements.