Overview

The Arrangements for Visitor Visa Applications 2016/102, which operates under the Migration Regulations 1994, was introduced to address the need for specific arrangements for applicants seeking a Visitor (Class FA) visa in the Frequent Traveller stream. This new stream, implemented by the Migration Legislation Amendment (2016 Measures No. 5) Regulation 2016, aims to streamline the application process for frequent visitors to Australia. The instrument, made by the Minister, specifies the approved form, place, and manner for making an application, and also outlines the travel agents that must be used by applicants from the People’s Republic of China who intend to travel to Australia as part of an organised tour. The changes involve adding one new travel agent and removing three existing ones from the list of approved travel agents. Consultation with relevant departments such as the Department of the Prime Minister and Cabinet, Department of Health, and the Attorney-General’s Department preceded the creation of this instrument. The Office of Best Practice Regulation has assessed the instrument to have only a minor regulatory impact.

Scope and Application

The instrument IMMI 16/102, made under the Migration Regulations 1994, specifies the arrangements for visitor visa applications, particularly for the Frequent Traveller stream of the Visitor (Class FA) visa. This regulation applies to applicants of a Subclass 600 (Visitor) visa intending to travel to Australia from the People's Republic of China as part of an organised tour. It sets out the approved form, place, and manner for making an application, and mandates the use of specific travel agents. The instrument revokes a previous instrument, IMMI 16/009, and amends the list of approved travel agents by adding one new agent and removing three existing ones. This regulation operates to streamline the application process for the Frequent Traveller stream, ensuring compliance with the primary criteria for the visa, and reflects consultation with relevant government departments. It commences on 12 December 2016 and is exempt from disallowance under the Legislation (Exemptions and Other Matters) Regulation 2015, thus not requiring a Statement of Compatibility with Human Rights.

Key Provisions

The primary operative sections of this legislation concern the arrangements for Visitor (Class FA) visa applications, specifically those from the People’s Republic of China intending to travel to Australia as part of an organised tour. Section 2 of the Instrument specifies the approved form, place, and manner for making an application for this visa. It also details the travel agents that must be used by applicants, as outlined in Schedule 5 of the Instrument (subsection 2.07(5)). The instrument is designed to streamline the visa application process for frequent travellers under the new Frequent Traveller stream. The obligations imposed by the Act include the requirement for applicants from the People’s Republic of China to use one of the specified travel agents when applying for a Subclass 600 (Visitor) visa in the Approved Destination Status Stream. These travel agents are listed in Schedule 5 and must be adhered to for the application process to be valid. Additionally, the Act mandates that applicants follow the prescribed form, place, and manner for making their applications, as outlined in the Instrument. Breaching the requirements set out in this Act can result in serious consequences. Although the Act does not explicitly state penalties, it is inferred that failure to comply with the specified application process and use of approved travel agents could lead to the rejection of a visa application or other administrative actions. Given the legislative context, any significant non-compliance might also result in additional scrutiny or penalties under broader migration laws, although these are not explicitly detailed within this particular instrument.