EXPLANATORY STATEMENT
Migration Regulations 1994
CLASS OF PASSPORTS
(Schedule 4, Part 1, Public Interest Criterion 4021)
- This Instrument is made under Schedule 4, Part 1, Public Interest Criterion 4021 of the Migration Regulations 1994 (‘the Regulations’).
2. Schedule 4, Part 1, Public Interest Criterion 4021 of the Regulations provides that for public interest criterion 4021, either the applicant holds a valid passport that was issued to the applicant by an official source and is in the form issued by the official source and that is not in a class of passports specified by the Minister in an instrument in writing; or it would be unreasonable to require the applicant to hold a passport.
3. The purpose of the Instrument is to prevent non citizens, holding unacceptable travel documents, being granted a visa.
4. The instrument operates to identify certain characteristics of travel documents that are unacceptable and specified passports that Australia does not recognise for foreign policy and integrity reasons. The effect of this is to prevent non-citizens being granted a visa if they hold unacceptable travel documents.
5. The Instrument has been amended so that a Taiwanese ‘compatriot’ passport will be considered to be a valid travel document in instances where the holder possesses separate evidence of a right to re-entry to the issuing country or another country.
6. The Department of Foreign Affairs and Trade (DFAT) and relevant areas of the Department of Immigration and Citizenship were consulted in preparing this Instrument.
7. The Office of Best Practice Regulation has advised that a Regulation Impact Statement is/is not required (OBPR Reference 14576).
8. Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.
9. The instrument commences on 23 March 2013.