Overview

The Arrangements for Visitor Visa Applications 2015, published as F2015L01448, was enacted to address the need for streamlined processes in lodging visitor visa applications online, particularly for certain passport holders. This legislative instrument amends the Migration Regulations 1994 by specifying which passport holders can lodge internet applications directly and which can do so through authorised travel agents. The instrument was made under the authority of the Senior Executive Service, Band two, Visa and Citizenship Management Division, pursuant to subregulation 2.07(5) of the Regulations, and operates to detail the approved forms and methods for valid applications. Notably, it adds passport holders from the Democratic People’s Republic of Korea, Russian Federation, Syrian Arab Republic, Vietnam, and holders of United Nations Laissez-Passer travel documents to the list of those eligible to lodge internet applications, as well as including Indonesia for applications made through agents. The instrument also specifies eligibility for travel agents from the People’s Republic of China under the Approved Destination Status Scheme. External consultation with the Department of Foreign Affairs and Trade ensured the instrument’s alignment with broader policy objectives. The instrument commenced on 1 October 2015 and is exempt from disallowance under section 44 of the Legislative Instruments Act 2003.

Scope and Application

The Arrangements for Visitor Visa Applications 2015, embodied in Instrument IMMI 15/123, pertains to the Migration Regulations 1994, specifically under item 1236 of Schedule 1. This legislative instrument targets passport holders from the Democratic People’s Republic of Korea, the Russian Federation, the Syrian Arab Republic, Vietnam, and holders of United Nations Laissez-Passer travel documents by expanding their eligibility to lodge internet applications for visitor visas. Furthermore, it extends eligibility to passport holders from Indonesia to lodge applications through an authorised travel agent under the Approved Destination Status Scheme. The instrument delineates the specific forms and procedures these eligible classes of persons must use to submit valid visa applications. Additionally, it identifies travel agents from the People’s Republic of China who can process Visitor (Class FA) visa applications under the Approved Destination Status Scheme. This instrument is operational as of 1 October 2015 and is exempt from disallowance, with the Office of Best Practice Regulation confirming that a Regulatory Impact Statement is not necessary.

Key Provisions

The main operative sections of this legislation concern the eligibility of passport holders to lodge internet applications for visas and the approved forms and methods for making such applications. Section 3 of the Instrument specifically adds passport holders from the Democratic People’s Republic of Korea, the Russian Federation, the Syrian Arab Republic, Vietnam, and holders of United Nations Laissez-Passer travel documents to the list of eligible applicants who can submit their visa applications online. Additionally, Indonesia is added to the list of countries whose passport holders can lodge their applications through an authorised travel agent who has an agreement with the department. This amendment, detailed in section 2 of the Instrument, allows Indonesian passport holders to apply for visas online via an approved travel agent. The legislation imposes specific obligations on the entities and individuals it governs. Passport holders from the newly listed countries must use the approved forms specified by the Instrument to make a valid visa application. These forms are detailed in Schedule 1 of the Instrument, which outlines the necessary documentation and information required for each eligible class of person. Furthermore, travel agents from the People’s Republic of China must adhere to the requirements set out in the Instrument to be eligible to make Visitor (Class FA) visa applications under the Approved Destination Status Scheme. This includes complying with the agreement terms with the department and using the approved forms and methods for lodging applications. In terms of offences, penalties, or consequences for breach, the legislation does not explicitly outline specific penalties within the text. However, general provisions under the Migration Act 1958 and the Migration Regulations 1994 apply, which can include fines, imprisonment, or both for breaches related to visa applications. For instance, knowingly providing false or misleading information in a visa application can result in penalties under the Migration Act, with fines up to 5,000 penalty units and/or imprisonment for up to two years for individuals, and up to 25,000 penalty units and/or imprisonment for up to five years for bodies corporate. Additionally, the department may refuse to process an application or cancel a visa if false information is provided.