Overview

The Migration Regulations 1994, as amended by the Instrument IMMI 13/003, were enacted to address the problem of ensuring that only eligible individuals could apply for a subclass 600 (Visitor) visa through the internet. The objective of this legislative instrument is to allow the Minister to specify the classes of persons eligible to apply for a Visitor visa via the internet, thus streamlining the application process and potentially reducing fraud. This Instrument was made under the authority of the Migration Act 1958 and commenced on various dates from June to July 2013. The instrument does not require consultation, a Regulatory Impact Statement, or a Human Rights Statement of Compatibility as it is considered minor and does not substantially alter existing arrangements.

Scope and Application

The Migration Regulations 1994, specifically the instrument IMMI 13/003, sets out the classes of persons eligible to apply online for a subclass 600 (Visitor) visa in the Tourist, Sponsored Family, or Business Visitor streams. This regulatory instrument applies to individuals who are outside Australia applying for a Tourist or Business Visitor visa, as well as those within Australia applying for a Tourist visa, with different schedules commencing at various dates from 12 June 2013. The regulation is intended to facilitate online application submissions by specifying eligibility criteria and operates under the Migration Regulations 1994. It is important to note that only those who fall within the specified classes can lodge a valid application using form 1419 (Internet); those who do not meet these criteria are unable to submit an online application for these visa subclasses. The instrument does not require consultation or a Regulatory Impact Statement, and it is exempt from disallowance.

Key Provisions

The primary sections of the Migration Regulations 1994 that this instrument addresses are subparagraphs 1236(1)(a)(ii), 1236(1)(b)(ii), and 1236(1)(c)(ii) (subsections 1 and 2). These sections specify that internet applications for a subclass 600 (Visitor) visa in the Tourist, Sponsored Family, or Business Visitor stream can only be made by applicants who fall within classes specified in a written instrument. The instrument specifies different classes of persons who are eligible to apply online for these visas, with each class commencing on different dates as outlined in the Schedules. Schedule 1, for instance, relates to those applying outside Australia for a Tourist or Business Visitor visa and commences on 12 June 2013. Schedule 2 pertains to those applying in Australia for a Tourist visa and begins on 1 July 2013. Schedules 3 to 6 further specify classes of persons applying outside Australia for Tourist, Sponsored Family, or Business Visitor visas, with commencement dates ranging from 1 July to 29 July 2013. The obligations imposed on the parties by this Act primarily involve ensuring that applicants for a subclass 600 (Visitor) visa fall within the specified classes that are eligible to apply online. These obligations necessitate that applicants verify their eligibility according to the specified schedules before lodging their applications. Failure to comply with these class specifications means that the visa application cannot be validly submitted via the internet on form 1419 (Internet). The instrument is designed to streamline the application process by defining clear eligibility criteria and the corresponding timeframes for these criteria to take effect. In terms of consequences for non-compliance, the legislation does not explicitly outline specific offences, penalties, or civil/criminal consequences within the provided text. However, the primary consequence of not adhering to the specified classes and timelines would be the inability to submit a valid visa application via the internet on form 1419 (Internet). This effectively means that non-compliant applicants would need to resort to alternative application methods, potentially leading to delays and additional administrative burdens. The instrument, being of a minor or machinery nature, does not substantially alter existing arrangements and therefore does not introduce new punitive measures beyond the procedural requirement of eligibility.