EXPLANATORY STATEMENT
Migration Regulations 1994
ARRANGEMENTS FOR VISITOR VISA APPLICATIONS 2015
(Item 1236)
- This Instrument is made under subregulation 2.07(5) for item 1236 of Schedule 1 to the Migration Regulations 1994 (the Regulations).
2. The Instrument revokes Instrument number IMMI 13/002 [F2013L00505] signed on 18 March 2013, Instrument number IMMI 14/104 [F2014L01524] signed on
10 November 2014, Instrument number IMMI 14/105 [F2014L01528] signed on
10 November 2014, and Instrument number IMMI 15/007 [F2014L01600] signed on 19 November 2014.
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 form numbers of the approved form or forms by which a valid application for a Subclass 600 (Visitor) visa in the Tourist, Sponsored Family, Business Visitor or Approved Destination Status stream may be made. It also specifies the manner and location of lodgement for visa applications.
5. The Instrument operates by specifying forms by which eligible classes of persons are to make an application for a Subclass 600 (Visitor) visa, in particular which classes of applicants may lodge an application by Internet (using form 1419 (Internet)). In particular the instrument adds holders of passports issued by Bangladesh, Nepal, Sri Lanka and the Palestinian Authority to the list of passport holders able to lodge Internet applications. India is also added to the list of countries whose passport holders may lodge by Internet through an agent who is party to an agreement with Immigration.
6. The Instrument also operates to specify the manner in which a person may make an application using the paper based form. The application on the paper form may be made by lodging the application using the specified postal address or by using the specified street address for courier service for applicants for a Subclass 600 (Visitor) visa in the Sponsored Family stream.
7. In addition, the Instrument operates to specify, for the purposes of Item 3 of the table in subitem 1236(6) of Schedule 1 to the Regulations, People’s Republic of China (PRC) travel agents who are approved to organise tours for PRC applicants from approved areas, who are eligible to make a Visitor (Class FA) visa application under the Approved Destination Status (ADS) scheme. Approved PRC travel agents are required to undertake business with Australian travel agents, who are approved to escort PRC tour groups who travel to Australia under the ADS scheme.
8. 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.
9. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 17108).
10. 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.
11. This Instrument, IMMI 15/043, commences on 18 April 2015.
Overview
The Migration Regulations 1994 Arrangements for Visitor Visa Applications 2015 (Item 1236) was enacted to specify the form numbers and the manner and location for lodging valid applications for a Subclass 600 (Visitor) visa in the Tourist, Sponsored Family, Business Visitor or Approved Destination Status stream. This legislative instrument was made under the authority of the Migration Act 1958 and aims to streamline the application process for visitor visas by clearly defining the acceptable forms and methods of application, including the use of Internet applications for certain passport holders and approved travel agents. This measure serves to enhance the efficiency of processing visitor visa applications while maintaining stringent controls over the application process. The Instrument also revokes previous instruments related to visitor visa applications, thereby consolidating and updating the regulatory framework for these applications.
Scope and Application
The Arrangements for Visitor Visa Applications 2015 Instrument, made under the Migration Regulations 1994, outlines the procedural requirements for making a Subclass 600 (Visitor) visa application. This legislation applies to eligible persons, specifically those from Bangladesh, Nepal, Sri Lanka, the Palestinian Authority, and India, who can now lodge their visa applications online either directly or through an authorised agent. It also applies to PRC travel agents approved to organise tours for PRC applicants from approved areas under the Approved Destination Status (ADS) scheme. The legislation specifies the approved form numbers for lodging applications, either via the internet using form 1419 or via paper forms submitted by post or courier. The application processes are streamlined to ensure that the visa applications are made in the correct format and submitted to the appropriate location. The geographic scope of this legislation is national, impacting visa applicants and authorised agents across Australia. The Instrument does not require consultation, a Regulatory Impact Statement, or a Statement of Compatibility with Human Rights as it is of a minor or machinery nature and does not substantially alter existing arrangements. The commencement date for this Instrument is 18 April 2015.
Key Provisions
The Migration Regulations 1994 Arrangements for Visitor Visa Applications 2015 (the Instrument) sets out the approved forms and methods for making applications for a Subclass 600 (Visitor) visa (section 2). This includes forms 1419 (Internet) and the paper-based form. The Instrument specifies which classes of persons can lodge applications electronically and those who must use the paper form, including designating certain passport holders (e.g., from Bangladesh, Nepal, Sri Lanka, and the Palestinian Authority) as eligible to apply online (section 5). It also allows passport holders from India to apply online through authorised agents (section 6). The Instrument specifies that paper applications can be lodged via mail or in person at designated addresses (section 7).
The Instrument imposes obligations on applicants to use the specified forms and methods for lodging their visa applications. For those eligible to apply online, the requirement is to complete and submit form 1419 (Internet). Applicants using the paper-based form must ensure their application is posted to the correct postal address or delivered to the specified street address for courier service, depending on their visa stream (section 6 and 7). Furthermore, approved People’s Republic of China (PRC) travel agents must conduct business with Australian travel agents approved to escort PRC tour groups under the Approved Destination Status (ADS) scheme (section 7).
Breaches of the requirements outlined in the Instrument may not be explicitly stated within the explanatory statement, but generally, failure to comply with the specified application procedures could result in the application being deemed invalid or incomplete. This could lead to delays, refusal of the visa application, or other administrative consequences. The explanatory statement notes that the Instrument is of a minor or machinery nature and does not require a Regulatory Impact Statement or consultation, indicating that the changes are not expected to have significant regulatory impacts (sections 8 and 9). Additionally, the Instrument is exempt from disallowance, and thus, a Statement of Compatibility with Human Rights is not required (section 10). The Instrument came into effect on 18 April 2015 (section 11).