Overview

The Migration Regulations 1994 Arrangements for Resident Return Visa Applications 2016/088, enacted in 2016, addresses a gap in the administrative process for certain visa applications by specifying the requirements and methods for applying for a Resident Return Visa. This instrument was created by the Minister for Immigration and Border Protection under the Migration Act 1958, aiming to streamline the visa application process for specified classes of visas, particularly by limiting the ways in which applications can be submitted and designating specific locations for physical submissions. This legislative measure seeks to enhance the efficiency and consistency of the visa application process while maintaining accessibility to online application forms. The policy objective behind this regulation is to ensure that visa applications are processed in a more uniform and streamlined manner, reducing administrative burden and potential errors associated with varied application methods.

Scope and Application

The Migration Regulations 1994 Arrangements for Resident Return Visa Applications 2016/088 apply specifically to the processing of visa applications under items 1118A Special Eligibility (Class CB), 1128 Return (Residence) (Class BB), and 1216 Resident Return (Temporary) (Class TP) of Schedule 1 to the Migration Regulations 1994. This instrument is relevant for applicants who are seeking to return to Australia and obtain a visa under these specific categories. It does not apply to other classes of visas or applicants. Geographically, the instrument operates under the Commonwealth of Australia, as it is an instrument made under the Migration Act 1958. The instrument revokes the previous arrangements specified in IMMI 16/042, ensuring that updated procedures are in place for the specified visa categories. The instrument specifies that applications for the mentioned visa classes can no longer be submitted orally or through written applications other than the approved form 1085. Furthermore, it mandates that paper applications, excluding those submitted online, must be made to a designated address in Sydney. The instrument is designed to streamline the application process by centralising the lodgement of onshore paper applications.

Key Provisions

The key operative sections of the Instrument IMMI 16/088 made under subregulation 2.07(5) of the Migration Regulations 1994, require the specification of an approved form for making an application for certain visa classes (sections 3 and 4). Specifically, the Instrument mandates the use of Form 1085 for applications under items 1118A Special Eligibility (Class CB), 1128 Return (Residence) (Class BB) and 1216 Resident Return (Temporary) (Class TP) of the Schedule 1 to the Regulations, effectively removing the availability of oral and written applications other than through Form 1085. Additionally, it designates a specific address in Sydney for the lodgement of onshore paper applications, streamlining the application process. The Instrument imposes obligations on applicants to ensure their applications for the specified visa classes are submitted in the approved form, Form 1085, and to the designated address in Sydney for onshore paper applications. The requirements extend to specifying the method of application, ensuring that all applications must be submitted either online or via the specified physical address, barring any oral applications. This ensures a uniform application process and simplifies the administrative burden on the Department of Immigration and Border Protection. Breach of the requirements stipulated in the Instrument may result in the application being deemed invalid or incomplete, leading to potential refusal or delay in processing the visa application. Although the Instrument does not specify explicit penalties for non-compliance, it is implicit that failure to adhere to the prescribed application procedures could result in administrative consequences such as the rejection of the application or additional processing delays. The legal framework under which the Instrument operates implies that non-compliance with migration regulations can attract penalties under the Migration Act 1958, which may include fines or other administrative sanctions.