EXPLANATORY STATEMENT
Migration Regulations 1994
ARRANGEMENTS FOR VISITOR VISA APPLICATIONS 2016/009
(Item 1236)
- Instrument IMMI 16/009 is made under 2.07(5) for item 1236 of Schedule 1 to the Migration Regulations 1994 (the Regulations).
- The Instrument revokes IMMI 15/123 (F2015L01448) under subsection 33(3) of the Acts Interpretation Act 1901, which states where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, 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 Form 48G (Internet) as an additional lodgement method for applicants seeking to satisfy the primary criteria for a Subclass 600 (Visitor) visa in the Approved Destination Status Stream.
Two new travel agents have been added, and five existing agents have been removed from Schedule 4 of the Instrument which specifies the travel agents that an applicant from the People’s Republic of China of a Subclass 600 (Visitor) visa in the Approved Destination Status stream, must use as a member of an organised tour if they are intending to travel to Australia,
4. The Instrument operates for the Minister to specify for applicants of the Subclass 600 (Visitor) visa in the Item 1236 Visitor (Class FA) visa, the requirement of an approved form for making an application, the way in which an application must be made and the place at which an application must be made. The instrument specifies under paragraph 2.07(6)(b) of the Regulations different requirements for different classes of applicants. The Minister also specifies the travel agents that an applicant from the Peoples Republic of China of a Subclass 600 (Visitor) visa, must use as a member of an organised tour if they are intending to travel to Australia.
5. Consultation was undertaken with the Department of Foreign Affairs and Trade, Australian Trade Commission and the Ministry of Public Security in the People’s Republic of China when making the change to this instrument.
6. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 16837).
7. 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 16/007, signed on 15 January 2016.
8. Under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, the Instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
9. The Instrument, IMMI 16/009, commences on 1 July 2016.
Overview
The Arrangements for Visitor Visa Applications 2016/009 Instrument, issued under the Migration Regulations 1994, aims to refine the processes for applicants seeking a Subclass 600 (Visitor) visa, specifically for those from the People’s Republic of China in the Approved Destination Status stream. The instrument updates the list of travel agents that must be used by applicants from China intending to travel to Australia as part of an organised tour. This change involves the addition of two new travel agents and the removal of five existing ones from Schedule 4 of the Instrument. Furthermore, the instrument specifies Form 48G (Internet) as an additional method for lodging visa applications. The enacting body, the Minister, was delegated these powers by subregulation 2.07(5) of the Regulations, and the instrument is exempt from disallowance under the Legislation (Exemptions and Other Matters) Regulation 2015, thus not requiring a Statement of Compatibility with Human Rights. This regulatory update streamlines the application process for visitor visas, enhancing efficiency and ensuring compliance with current travel arrangements.
Scope and Application
The IMMI 16/009 Instrument, made under the Migration Regulations 1994, specifies Form 48G (Internet) as an additional lodgement method for applicants seeking a Subclass 600 (Visitor) visa in the Approved Destination Status stream. This legislative instrument caters to applicants intending to travel to Australia as part of an organised tour from the People’s Republic of China. The Minister's authority to specify the form, method, and place of application applies differently depending on the class of the applicant. Additionally, the Instrument details specific travel agents that must be used by applicants from the People’s Republic of China as part of an organised tour. The changes made to this instrument were informed by consultations with relevant authorities, including the Department of Foreign Affairs and Trade, Australian Trade Commission, and the Ministry of Public Security in China. The instrument exempts itself from disallowance under the Legislation (Exemptions and Other Matters) Regulation 2015, and it came into effect on 1 July 2016.
Key Provisions
The Migration Regulations 1994, specifically the Arrangements for Visitor Visa Applications 2016/009 (F2016L00675), outline the procedures and requirements for applicants seeking a Subclass 600 (Visitor) visa, particularly those from the People’s Republic of China travelling as part of an organised tour. The instrument revokes the previous regulations (IMMI 15/123) and introduces Form 48G (Internet) as an additional method for lodgement, facilitating easier access for applicants. Furthermore, it updates the list of approved travel agents from China, adding two new agents and removing five existing ones. These provisions are detailed under sections 2.07(5) and 2.07(6)(b) of the Regulations, which allow the Minister to specify application forms, methods, and locations for visa applications, as well as designate travel agents for organised tours.
The obligations imposed by the Act on the parties involved are primarily administrative and procedural. For applicants from China, it is mandatory to use a travel agent listed in Schedule 4 of the Instrument for their organised tour. This requirement is intended to ensure compliance with visa conditions and facilitate the visa application process. Additionally, applicants must use Form 48G (Internet) for their visa applications, ensuring that the application meets the specified requirements for the Subclass 600 (Visitor) visa. The travel agents, in turn, are obligated to comply with the regulations set forth by the Instrument and assist applicants in meeting these requirements.
In terms of penalties and consequences for non-compliance, the Instrument does not explicitly detail specific penalties within its text. However, the overarching Migration Act 1958 and the associated Regulations provide a framework for penalties and enforcement. Breaches of visa conditions, including failure to use an approved travel agent or improper application procedures, could result in administrative penalties, visa cancellations, or even exclusion from Australia. Applicants found to be in breach of the regulations may face civil or criminal consequences, including fines and potential bans on future visa applications. The exact penalties would be determined in accordance with the relevant sections of the Migration Act and associated Regulations.