Migration Regulations 1994 - Specification of Class of Persons (Netball World Cup) 2015 - IMMI 15/027

Overview

The CLASS OF PERSONS (NETBALL WORLD CUP) 2015 Instrument is an amendment to the Migration Regulations 1994, designed to address the specific needs of participants in the 2015 Netball World Cup who apply for a Subclass 400 (Temporary Work (Short Stay Activity)) visa. This Instrument revokes the earlier Instrument IMMI 14/019 (F2014L00212) and is made under sub-subparagraph 1231(2)(a)(iv)(A) of Schedule 1 to the Migration Regulations 1994. The policy objective of this Instrument is to exempt certain applicants for a Subclass 400 visa from paying a Visa Application Charge, thereby facilitating easier participation of netball players in the event. The Instrument was developed following consultation with the Office for Sport within the Department of Health and was registered on the Federal Register of Legislative Instruments, commencing on the day after registration and expiring on 16 September 2015.

Scope and Application

The CLASS OF PERSONS (NETBALL WORLD CUP) 2015 Instrument is an amendment to the Migration Regulations 1994, specifically under sub-subparagraph 1231(2)(a)(iv)(A). This Instrument applies to participants in the 2015 Netball World Cup who are applying for a Subclass 400 visa, which is a Temporary Work (Short Stay Activity) visa. It identifies a particular group of applicants who are exempt from the Visa Application Charge, streamlining the application process for these individuals. The Instrument revokes the previous Instrument number IMMI 14/019, which was applicable to the 2014 Netball World Cup. This change is effective from the day after it is registered on the Federal Register of Legislative Instruments and will cease on 16 September 2015. The scope of the Instrument is limited to the specific event and timeframe of the 2015 Netball World Cup, with no stated geographic limitations beyond those implied by the nature of the event.

Key Provisions

The key operative sections of the Class of Persons (Netball World Cup) 2015 Instrument are primarily concerned with the eligibility of participants in the 2015 Netball World Cup for the Subclass 400 visa (sections 3 and 4). These sections clarify that applicants for the Subclass 400 visa who are participating in the 2015 Netball World Cup do not need to pay a Visa Application Charge (VAC). This is achieved by specifying that these applicants fall under the category of persons exempt from the VAC under sub-subparagraph 1231(2)(a)(iv)(A) of the Migration Regulations 1994. The Instrument imposes specific obligations and requirements on the entities and individuals it governs. Firstly, it requires that applicants for the Subclass 400 visa who are participating in the 2015 Netball World Cup must meet all other visa requirements and be part of the specified class of persons. This includes providing necessary documentation to support their application, such as proof of their involvement in the Netball World Cup. The Instrument also mandates that these applicants should not be charged a Visa Application Charge, which is a financial requirement typically associated with visa applications. The Instrument does not explicitly state any criminal or civil offences, but there are consequences for non-compliance with the requirements. If an applicant for the Subclass 400 visa who is a participant in the 2015 Netball World Cup is found to be ineligible for the VAC exemption, they may be required to pay the charge, which could result in financial repercussions. Furthermore, failure to meet any other visa requirements could lead to the application being refused. While the specific penalties for breaches are not detailed in the Instrument, the general penalties for making a false statement or providing false documentation in a visa application can include fines and imprisonment under the Migration Act 1958.