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

Administered by Department of Home Affairs

Legislation au F2015L00550 Not in force Legislative Instrument

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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.

Overview

The Arrangements for Resident Return Visas 2015 Instrument was made under the Migration Regulations 1994 and specifically amends items 1118A, 1128, and 1216 and subregulation 2.09(3) of the Regulations. This legislative instrument revokes the previous Instrument IMMI 11/018 made in 2011, which had specified the telephone number and times for making oral applications for a Return (Residence) (Class BB) visa under subregulation 2.09(3). The overarching purpose of this new Instrument is to update and specify the telephone number and times for making oral applications for a Return (Residence) (Class BB) visa, as well as the form numbers of the approved forms, the manner of lodgement, and the addresses for making valid applications for Special Eligibility (Class CB) and Return (Residence) (Class BB) visas. The Instrument is of a minor or machinery nature, exempt from disallowance, and does not require a Human Rights Statement of Compatibility or a Regulatory Impact Statement. The Office of Best Practice Regulation has confirmed that no such statement is necessary, as advised by OBPR Reference 17108. The Instrument, IMMI 15/033, commenced on 18 April 2015.

Scope and Application

The Arrangements for Resident Return Visas 2015 Instrument, made under subregulation 2.07(5) of the Migration Regulations 1994, applies to individuals who are making oral applications for a Return (Residence) (Class BB) visa and applications for Special Eligibility (Class CB) and Return (Residence) (Class BB) visas. This instrument revokes a previous instrument, IMMI 11/018, and provides specific details about the telephone number and times for oral applications, as well as the approved forms, the manner of lodgement, and the addresses to which applications must be made. The instrument is of a minor or machinery nature, and does not substantially alter existing arrangements, hence consultation is deemed unnecessary. The instrument operates to specify the approved forms for making valid applications and the addresses and manner for lodgement for the relevant visa classes. It commences on 18 April 2015.

Key Provisions

The key provisions of the Arrangements for Resident Return Visas 2015 (F2015L00550) relate to the process for making applications for certain types of visas. Specifically, section 1 of the instrument specifies the telephone number and times for making oral applications for a Return (Residence) (Class BB) visa under subregulation 2.09(3) of the Migration Regulations 1994. Section 2 specifies the approved form numbers, the manner of lodgement, and the addresses to which applications must be made for applications for Special Eligibility (Class CB) and Return (Residence) (Class BB) visas. These provisions aim to ensure that applicants follow the correct procedures and use the appropriate forms when applying for these visas. The obligations imposed on applicants by the instrument are to use the specified telephone number and times for making oral applications for a Return (Residence) (Class BB) visa, and to use the approved form numbers and addresses specified in the instrument when making applications for Special Eligibility (Class CB) and Return (Residence) (Class BB) visas. The instrument also requires applicants to follow the specified manner of lodgement for these visas, which may include submitting the application in person, by mail, or electronically. Failure to comply with these obligations may result in the application being invalid or delayed. There are no offences, penalties, or civil or criminal consequences specified in the instrument for breach of its provisions. However, failure to comply with the instrument's requirements for making a valid application for a visa may result in the application being refused or delayed. In some cases, this may have significant consequences for the applicant, such as being unable to return to Australia or being subject to immigration detention. It is therefore important for applicants to carefully follow the instrument's requirements to ensure that their application is valid and complete. The instrument is made under subregulation 2.07(5) of the Migration Regulations 1994 and revokes a previous instrument (IMMI 11/018) that specified the telephone number and times for making oral applications for a Return (Residence) (Class BB) visa. The instrument is of a minor or machinery nature and does not substantially alter existing arrangements, and is therefore exempt from disallowance and does not require a Regulatory Impact Statement or a Human Rights Statement of Compatibility. The instrument commenced on 18 April 2015.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.