Overview

The Migration Regulations 1994 were enacted to provide a comprehensive framework for the regulation of migration in Australia. The F2007L01929 Explanatory Statement addresses a specific gap by specifying classes of persons who are entitled to a nil visa application charge (VAC) for a Subclass 676 (Tourist) visa. This was introduced to address concerns regarding visa reciprocity for short-term visitors, particularly from the European Union, and to facilitate the entry of World Youth Day pilgrims in 2008. The instrument was made under the Migration Regulations 1994 by the Parliament of Australia and specifies that EU passport holders electronically lodging an application from offshore for a Subclass 676 (Tourist) visa for a duration of three months or less, as well as registered World Youth Day pilgrims, are entitled to a nil VAC. This policy objective aligns with the Government's initiatives to address EU concerns and to accommodate the anticipated influx of international visitors for World Youth Day.

Scope and Application

The Instrument, F2007L01929, pertains to the Migration Regulations 1994 and specifies classes of persons eligible for a nil visa application charge (VAC) for a Subclass 676 (Tourist) visa. This Instrument applies to holders of a passport from an EU member country who electronically lodge a visa application from offshore for a stay of three months or less, and to registered World Youth Day pilgrims. The Instrument is a direct response to the Australian Government's efforts to address visa reciprocity concerns with the European Union and to facilitate the entry of pilgrims for the 13th annual World Youth Day event in Sydney in 2008. The Instrument, IMMI 07/036, took effect immediately after the commencement of the Migration Amendment Regulations 2007 (No. 4) on 1 July 2007.

Key Provisions

The main operative sections of this Instrument (F2007L01929) are Regulation 1218(2)(a)(i)(B) of the Migration Regulations 1994, which specify that certain classes of persons are entitled to a visa application charge (VAC) of nil for a Subclass 676 (Tourist) visa. According to Regulation 1218(2)(a)(i)(B), this applies to applicants coming within classes of persons specified in an instrument in writing. Specifically, this Instrument specifies two classes of persons who are entitled to a nil VAC: holders of a passport issued by a European Union (EU) member country who electronically lodge an application from offshore for a Subclass 676 (Tourist) visa for a duration of three months or less, and registered World Youth Day pilgrims. The Instrument imposes obligations and requirements on the parties it governs. For EU passport holders, the requirement is that they must electronically lodge their application from offshore for a Subclass 676 (Tourist) visa for a duration of three months or less to be eligible for a nil VAC. For World Youth Day pilgrims, they must be registered pilgrims to be eligible for the nil VAC. Failure to comply with these requirements may result in the application not being eligible for the nil VAC, which could result in additional costs. There are no explicit offences, penalties, or civil/criminal consequences for breach of this Instrument. However, applicants who do not meet the eligibility criteria for the nil VAC may incur additional costs associated with the visa application process. It is important to note that failure to comply with the requirements for the nil VAC does not necessarily result in criminal or civil penalties, but it may result in additional costs for the applicant. In summary, this Instrument specifies two classes of persons who are entitled to a nil VAC for a Subclass 676 (Tourist) visa: EU passport holders who electronically lodge their application from offshore for a duration of three months or less, and registered World Youth Day pilgrims. The Instrument imposes obligations and requirements on the parties it governs, and failure to comply with these requirements may result in the application not being eligible for the nil VAC, which could result in additional costs. There are no explicit offences, penalties, or civil/criminal consequences for breach of this Instrument, but failure to comply with the requirements for the nil VAC may result in additional costs for the applicant.