Migration Regulations 1994 - Specification of Arrangements for Resident Return Visa Applications 2015 - IMMI 15/033

IMMI 15/033

EXPLANATORY STATEMENT

Migration Regulations 1994

ARRANGEMENTS FOR RESIDENT RETURN VISAS 2015

(Items 1118A, 1128 and 1216 and subregulation 2.09(3))

1. This Instrument is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations), for items 1118A, 1128 and 1216 of Schedule 1 to the Regulations and subregulation 2.09(3) of the Regulations.
2. This Instrument revokes Instrument number IMMI 11/018 (F2011L00491) made on 17 March 2011 specifying telephone number and times for oral applications for a Return (Residence) (Class BB) visa under subregulation 2.09(3).
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 telephone number and times for making oral applications for a Return (Residence) (Class BB) visa under subregulation 2.09(3).
5. A further 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 Special Eligibility (Class CB) and Return (Residence) (Class BB) visas.
6. 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.
7. 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.
8. 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.
9. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 17108).
10. The Instrument, IMMI 15/033, commences on 18 April 2015.