Migration Regulations 1994 - Specification of Classes of Persons - IMMI 14/035

Overview

The Migration Regulations 1994, as amended by Instrument F2014L00444, was enacted to address the need for a more streamlined process in the application for a subclass 600 (Visitor) visa. The Instrument, which operates under subparagraphs 1236(1)(a)(ii), 1236(1)(b)(ii), and 1236(1)(c)(ii) of the Regulations, was introduced by the Australian Government to enable eligible applicants to apply for a Visitor visa online. This change was intended to facilitate the visa application process for certain passport holders by allowing them to submit their applications via the internet, thereby reducing the administrative burden on both applicants and the Department of Immigration and Border Protection. The Instrument specifies that only passport holders from designated countries are eligible to apply online, while those not listed are unable to lodge a valid application for a subclass 600 visa using the specified form.

Scope and Application

The Migration Regulations 1994, as amended by Instrument IMMI 14/035, specifies classes of individuals eligible to apply for a subclass 600 (Visitor) visa via the internet, effectively determining who can submit their application electronically on form 1419 (Internet). This regulation applies to passport holders from specific countries, including Afghanistan, Albania, and many others, who are seeking a Tourist, Sponsored Family, or Business Visitor visa. The regulation was designed to streamline the application process for these eligible passport holders and excludes those not specified within the instrument from using the online form 1419 (Internet) for their visa applications. The regulation’s application is national, as it is implemented under the Commonwealth’s Migration Act 1958, and it operates without requiring disallowance or a Human Rights Statement of Compatibility. It commenced on 9 May 2014, replacing the previous Instrument IMMI 13/135.

Key Provisions

The main operative sections of this legislation, specifically the Migration Regulations 1994, pertain to the eligibility criteria for certain classes of persons to apply for a subclass 600 (Visitor) visa online. Section 1236(1)(a)(ii), 1236(1)(b)(ii), and 1236(1)(c)(ii) outline the classes of people who can submit their applications for a Visitor visa via the internet using form 1419. This provision is particularly relevant for passport holders from specific countries who are applying from outside Australia. The Instrument also introduces a schedule, Schedule 9, which includes a list of countries whose passport holders can apply online for a subclass 600 visa in the Tourist, Sponsored Family, or Business Visitor stream. The obligations and requirements imposed by this legislation are centred around the eligibility of applicants. Specifically, passport holders from the listed countries are eligible to apply for a subclass 600 visa online. Conversely, individuals who do not fall under the specified classes are not permitted to lodge their applications for a subclass 600 visa using the internet form 1419. The requirements necessitate that applicants verify their eligibility against the list of countries provided in Schedule 9 before proceeding with their online application. There are no specific offences, penalties, or civil/criminal consequences outlined in the text for breaching the provisions of this legislation. The focus of the Instrument is to clearly define eligibility criteria and streamline the application process for eligible applicants, rather than to impose punitive measures for non-compliance. The absence of penalties suggests that the primary intent is to provide a clear and accessible application process for those who meet the eligibility requirements.