EXPLANATORY STATEMENT
Migration Regulations 1994
CLASSES OF PERSONS
(Subparagraphs 1236(1)(a)(ii), 1236(1)(b)(ii) and 1236(1)(c)(ii))
- This Instrument is made under subparagraphs 1236(1)(a)(ii), 1236(1)(b)(ii) and 1236(1)(c)(ii) of the Migration Regulations 1994 (‘the Regulations’). It revokes Instrument IMMI 14/035, (F2014L00444), signed on 23 April 2014.
- The purpose of the Instrument is to allow the Minister to specify which classes of people are eligible to make an application via the internet for a Subclass 600 (Visitor) visa in the Tourist, Sponsored Family or Business visitor stream.
- The Instrument operates by specifying classes of persons who are eligible to make an application for a Subclass 600 (Visitor) visa via the internet on form 1419 (Internet). The Instrument has been amended to include additional countries and territories in Schedule 3, which provides online access to passport holders who apply outside Australia for a Subclass 600 (Visitor) visa in the Tourist, Sponsored Family or Business Visitor stream. The countries and Territories added to Schedule 3 of the Instrument are: Angola, Anguilla, Armenia, Benin, Bermuda, Bosnia and Herzegovina, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, the Cayman Islands, the Central African Republic, Chad, Comoros, the Democratic Republic of the Congo, the Republic of the Congo, Côte d’Ivoire, Djibouti, Equatorial Guinea, Eritrea, Ethiopia, the Falkland Islands, Gabon, Gambia, Ghana, Gibraltar, Guinea, Guinea-Bissau, Kenya, Kosovo, Kyrgyzstan, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mauritius, Montserrat, Mozambique, Namibia, New Zealand, Niger, Nigeria, the Philippines, the Pitcairn Islands, Rwanda, Saint Helena, Ascension and Tristan da Cunha, Sao Tome and Principe, Senegal, the Seychelles, Sierra Leone, South Africa, the Republic of South Sudan, Swaziland, Tajikistan, Tanzania, Togo, Turkmenistan, the Turks and Caicos Islands, Uganda, Uzbekistan, the Virgin Islands, Zambia, and Zimbabwe.
- Persons who do not fall into a class specified in the Instrument are not able to lodge a valid application for a Subclass 600 (Visitor) visa on form 1419 (Internet).
- Pursuant to subsection 18(1) of the Legislative Instruments Act 2003 consultation was not necessary. The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
- The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 17152).
- Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.
8. This Instrument, IMMI 14/060, commences on 1 August 2014.
Overview
The Migration Regulations 1994 were enacted to provide a comprehensive framework for the administration of Australia's migration laws. The instrument F2014L01035, introduced in 2014, was developed to address the need for a streamlined application process for certain classes of people seeking a Subclass 600 (Visitor) visa. This legislative instrument was introduced by the Minister for Immigration and Border Protection under the authority of the Migration Act 1958. The primary objective of this instrument was to specify which classes of individuals are eligible to apply for a visitor visa online, thereby enhancing efficiency and accessibility for eligible applicants. This measure aimed to ensure that the visa application process is both inclusive and user-friendly for those from specified countries and territories.
Scope and Application
The Instrument is made under the Migration Regulations 1994, specifically subparagraphs 1236(1)(a)(ii), 1236(1)(b)(ii), and 1236(1)(c)(ii), and serves to determine the eligibility of certain classes of people to apply for a Subclass 600 (Visitor) visa through the internet. This regulation applies to passport holders from specific countries and territories who intend to apply for a visa in the Tourist, Sponsored Family, or Business Visitor stream outside Australia. The Instrument specifically identifies these eligible classes by amending the list in Schedule 3 to include additional countries and territories, such as Angola, Anguilla, and New Zealand, among others. Conversely, individuals who are not part of these specified classes are not permitted to submit a valid application for a Subclass 600 (Visitor) visa using form 1419 (Internet). The regulation is of a minor nature, exempt from disallowance, and does not require a Regulatory Impact Statement or a Human Rights Statement of Compatibility as per the legislative framework.
Key Provisions
The main sections of the Migration Regulations 1994 (Subparagraphs 1236(1)(a)(ii), 1236(1)(b)(ii) and 1236(1)(c)(ii)) pertain to the eligibility of certain classes of individuals to apply for a Subclass 600 (Visitor) visa online. This Instrument specifies which passport holders are eligible to use form 1419 (Internet) to apply for a visa in the Tourist, Sponsored Family or Business Visitor stream. The Instrument identifies eligible classes by country and territory, listing them in Schedule 3. According to the Instrument, individuals from these countries and territories can apply online for the specified visa subclass. Conversely, those not listed in Schedule 3 cannot use form 1419 (Internet) to apply for a Subclass 600 (Visitor) visa.
The Instrument imposes specific obligations on the parties it governs, primarily ensuring that only eligible individuals can apply for a Subclass 600 (Visitor) visa online. Eligible applicants must be passport holders from the countries and territories specified in Schedule 3. These applicants must use form 1419 (Internet) to submit their visa applications. Failure to comply with the eligibility criteria or using the wrong application form may result in the application being deemed invalid.
In terms of consequences for breaches, the Regulations do not explicitly outline civil or criminal penalties for failing to adhere to the eligibility requirements or using the wrong application form. However, submitting an invalid application may lead to delays, additional administrative burdens, or the necessity to reapply with the correct form and supporting documents. This could potentially affect the applicant's travel plans and result in additional costs and inconvenience.
The Instrument does not provide specific maximum penalties for breaches, but the broader Migration Act 1958 may include provisions for penalties related to the submission of incorrect or fraudulent information. Practitioners should refer to the Act and related regulations to understand the potential consequences for non-compliance or misrepresentation.