EXPLANATORY STATEMENT

Migration Regulations 1994

ARRANGEMENTS FOR SPECIAL CATEGORY VISA APPLICATIONS 2015

(Item 1219 – Special Category (Temporary)(Class TY), Subclass 444 (Special Category)).

1. This Instrument is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations), for item 1219 of Schedule 1 to the Migration Regulations 1994 (the Regulations). 

2.                  The purpose of the Instrument is specify the form numbers of the approved form unless the application is made using an authorised system (in which case no form is required) and the place where an application must be made for Special Category visas.

3.                  The Instrument operates to specify the approved form for making valid applications for lodgement and where applications must be made for making valid applications for a Special Category visa.

4.                  In addition the Instrument operates to specify that, for applicants who hold a Special Purpose visa, an application for a Special Category visa may be made in immigration clearance.  

5.                  Pursuant to subsection 18(1) of the Legislative Instruments Act 2003 consultation was not necessary.  The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.

6.                   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.

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

8.                  The Instrument, number IMMI 15/039, commences on 18 April 2015.