EXPLANATORY STATEMENT

Migration Regulations 1994

ARRANGEMENTS FOR VISITOR VISA APPLICATIONS 2015

(Item 1236)

1. Instrument IMMI 15/123 is made under subregulation 2.07(5) for item 1236 of Schedule 1 to the Migration Regulations 1994 (the Regulations).
2. The Instrument revokes IMMI 15/043 (F2015L00557), signed on 18 April 2015 under subsection 33(3) of the Acts Interpretation Act 1901.
3. The purpose of the Instrument is to add to the list in Schedule 3 of the Instrument, passport holders able to lodge Internet applications, holders of passports issued by the following countries, Democratic People’s Republic of Korea; Russian Federation; Syrian Arab Republic; Vietnam; and holders of United Nations Laissez-Passer travel documents.  Also, the addition of the country of Indonesia to the list of countries in Schedule 2 of the Instrument whose passport holders may lodge, through an agent who is party to an agreement with the department, an internet application,.
4. The Instrument operates to specify the approved forms that eligible classes of persons must use for making valid applications and the manner in which a class of person may make a valid application.
5. In addition, the Instrument operates to specify travel agents from People’s Republic of China, who are eligible to make a Visitor (Class FA) visa application under the Approved Destination Status Scheme.
6. External consultation was undertaken with the Department of Foreign Affairs and Trade when making the change to this instrument.
7. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 16837)
8. The Senior Executive Service, Band two, Visa and Citizenship Management Division was delegated the powers contained in subregulation 2.07(5) of the Regulations for item 1236 of Schedule 1 to the Regulations in Instrument of Delegation DEL 15/090, signed on 30 June 2015.
9. 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.
10. The Instrument, IMMI 15/123, commences 1 October 2015.