IMMI 15/036
EXPLANATORY STATEMENT
Migration Regulations 1994
ARRANGEMENTS FOR TEMPORARY WORK (SHORT STAY ACTIVITY)
(SUBCLASS 400) VISA APPLICATIONS 2015
(Item 1231)
- This Instrument is made under subregulation 2.07(5) of the Migration Regulations 1994 (the Regulations), for item 1231 of Schedule 1 to the Regulations.
- This Instrument revokes Instrument number IMMI 14/100 [F2014L01558], signed on 14 November 2014, specifying a class of persons for paragraph 1231(1)(a) of Schedule 1 to the Regulations.
- 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 a Temporary Work (Short Stay Activity) (subclass 400) visa, as well as to specify which passport holders are eligible to make a Subclass 400 visa application via the Internet using form 1400 (Internet).
- 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.
- The Instrument further operates to specify classes of persons who are eligible to make an application for a Subclass 400 visa via the Internet using form 1400 (Internet). These classes of persons are defined as holders of specified passports. Persons who do not fall into a class specified in the Instrument are not able to lodge a valid application for a Subclass 400 visa using form 1400 (Internet) but instead must apply on a paper form, number 1400. The instrument includes passport holders from Bangladesh, Nepal, Sri Lanka and holders of passports issued by the Palestinian Authority in addition to previously specified passport holders.
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 Statement of Compatibility with Human Rights 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 15/036, commences on 18 April 2015.
Overview
The Migration Regulations 1994, amended by the instrument F2015L00565, was enacted to address the need for streamlined processes and clearer guidelines for Temporary Work (Short Stay Activity) (subclass 400) visa applications. This legislation was introduced by the Australian Parliament to ensure that the application process is efficient and that applicants from specific countries can utilise online submission methods. The policy objective is to facilitate easier access to the visa application process for certain passport holders, thereby improving the overall administration of temporary work visas. The instrument revokes a previous one, IMMI 14/100, and specifies the forms, lodgement methods, and eligible passport holders for subclass 400 visa applications, including those who can use the internet-based form 1400 (Internet). This legislative change aims to enhance the clarity and accessibility of visa applications for temporary work purposes.
Scope and Application
The explanatory statement outlines an instrument made under the Migration Regulations 1994, which revokes a previous instrument (IMMI 14/100) and specifies details for applications of a Temporary Work (Short Stay Activity) (subclass 400) visa. This legislation applies to individuals seeking to lodge a subclass 400 visa application, particularly focusing on those who are eligible to apply via the internet using form 1400 (Internet). The application process, including the forms to be used and the addresses for lodgment, is clearly defined in the instrument, with a specific emphasis on passport holders from certain countries, including Bangladesh, Nepal, Sri Lanka, and the Palestinian Authority. Persons holding passports from these countries are eligible to apply online, while others must submit a paper form, number 1400. The instrument operates nationally within Australia and is subject to the conditions and provisions outlined in the Migration Regulations 1994. It is a minor legislative instrument, exempt from disallowance and not requiring a Regulatory Impact Statement or a Statement of Compatibility with Human Rights. The instrument came into effect on 18 April 2015.
Key Provisions
The main sections of this Instrument, specifically IMMI 15/036, pertain to the Temporary Work (Short Stay Activity) (subclass 400) visa, outlining the requirements for the application process (section 2). This includes the specification of approved form numbers for the application, the method of lodgement, and the addresses where applications must be submitted. Additionally, the Instrument specifies which passport holders are eligible to submit their visa applications online using form 1400 (Internet). The approved forms for the application process are form 1400 for paper applications and form 1400 (Internet) for online applications, each with specific submission requirements and addresses.
In terms of obligations, applicants for the Temporary Work (Short Stay Activity) (subclass 400) visa must adhere to the prescribed forms and submission methods as outlined in the Instrument. Eligible applicants, who are holders of specified passports, must complete and submit form 1400 (Internet) online, while those not meeting the criteria must use form 1400 and submit it via the specified paper method. The Instrument also mandates that all applicants provide accurate and complete information to ensure their applications are processed efficiently. It is essential that applicants follow the correct procedures to avoid delays or rejection of their applications.
The Instrument imposes penalties and consequences for non-compliance with its provisions. Any individual who submits an application that does not conform to the specifications outlined in the Instrument may face rejection of their visa application. Additionally, if an individual submits false or misleading information in their application, they may be subject to further scrutiny or denial of the visa, and in severe cases, may face civil or criminal penalties. The exact penalties for such breaches are not specified within the Instrument but would be governed by broader migration laws and regulations, which can include fines and potential disqualification from future visa applications.