Migration Regulations 1994 - Specification of Classes of Persons - IMMI 13/135

Overview

The Migration Regulations 1994, as amended by Instrument F2013L01880, aim to streamline the application process for subclass 600 (Visitor) visas by specifying which classes of individuals are eligible to apply online. Enacted under subparagraphs 1236(1)(a)(ii), 1236(1)(b)(ii), and 1236(1)(c)(ii) of the Regulations, the Instrument allows the Minister to outline the categories of applicants who can submit an internet application for a Tourist, Sponsored Family, or Business Visitor visa. This was introduced to enhance efficiency and accessibility in processing visa applications by enabling eligible applicants to complete the application online using form 1419 (Internet). The Instrument explicitly details the eligibility criteria, including passport holders from Israel, and ensures that only those within the specified classes can lodge a valid online application. The changes are of a minor nature and do not significantly alter existing arrangements, hence consultation and a Regulatory Impact Statement were deemed unnecessary.

Scope and Application

The instrument, F2013L01880, under the Migration Regulations 1994, governs the eligibility of certain classes of persons to apply for a subclass 600 (Visitor) visa through internet applications for the Tourist, Sponsored Family, and Business Visitor streams. Specifically, the instrument delineates which individuals can make applications for these visas via the internet, requiring that they belong to classes specified in a written instrument. Notably, Schedule 8 of this instrument extends internet application access to passport holders of the State of Israel who are applying from outside Australia. This instrument ensures that only those persons specified within its provisions can submit valid visa applications using form 1419 (Internet). The regulations are made under subparagraphs 1236(1)(a)(ii), 1236(1)(b)(ii), and 1236(1)(c)(ii) of the Migration Regulations 1994, which pertain to internet applications for the respective visa streams. This instrument operates on a national level, governing the eligibility criteria across Australia, and it does not require disallowance or a Human Rights Statement of Compatibility as per the Legislative Instruments Act 2003.

Key Provisions

The main sections of the Instrument are sections 1236(1)(a)(ii), 1236(1)(b)(ii) and 1236(1)(c)(ii) of the Migration Regulations 1994, which provide the framework for specifying classes of persons eligible to apply for a subclass 600 (Visitor) visa via the internet. These sections allow the Minister to determine which classes of individuals can lodge their visa applications online for the Tourist, Sponsored Family, or Business Visitor streams. The Instrument itself serves to enumerate the specific classes of persons who can use the internet application form 1419 (Internet) to apply for a visitor visa. Notably, the Instrument includes Schedule 8, which grants online application access to passport holders of the State of Israel who are applying from outside Australia for a subclass 600 (Visitor) visa. Individuals not specified in the Instrument are not permitted to submit their visa applications online using form 1419 (Internet). The obligations imposed by the Instrument on the parties it governs are primarily centred on the eligibility criteria for online visa applications. The Instrument requires the Minister to specify which classes of people can apply for a subclass 600 (Visitor) visa via the internet, and the form 1419 (Internet) must be used by those who fall within these specified classes. Additionally, the Instrument mandates that any amendments, such as the inclusion of Schedule 8, must be clearly communicated to ensure that eligible individuals are aware of their ability to apply online. Failure to comply with the criteria outlined in the Instrument can result in an application being deemed invalid. In terms of potential breaches, the Instrument does not explicitly outline specific offences or penalties for non-compliance with its provisions. However, submitting an application outside the specified parameters could lead to the application being rejected or deemed invalid. This could result in delays or additional administrative burdens for the applicant, such as needing to submit a paper application or reapply with the correct form. The primary consequence of non-compliance is the inability to process the visa application through the online form 1419 (Internet), thereby affecting the efficiency and accessibility of the application process for those not meeting the specified criteria.