EXPLANATORY STATEMENT
Migration Regulations 1994
SPECIFIED COUNTRIES
(Paragraph 2.25A(1)(b))
- This Instrument is made under paragraph 2.25A(1)(b) of the Migration Regulations 1994 (‘the Regulations’).
2. Paragraph 2.25A(1)(b) of the Regulations provides that in determining whether an applicant satisfies the criteria for the grant of a visa, the Minister must seek the opinion of a Medical Officer of the Commonwealth as to whether the person meets certain requirements of Schedule 4, unless the application is for a permanent visa that is made from a country that is a country specified by Gazette Notice and there is no information known to Immigration (either through application or otherwise) to the effect that the person may not meet any of those requirements
3. The purpose of the Instrument is to extend Local Clearance to all countries specified in the schedule to the Instrument.
4. The Instrument operates to specify that for all countries the necessary medical examinations undertaken for the purpose of meeting Australia’s health requirements may be eligible for local clearance if performed by an approved panel physician. Visa applicants may benefit from streamlined visa processing where the necessary medical examinations indicate that the applicant does not have a disease or condition that is likely to pose a health risk, or significant cost to Australians, or affect the access of Australians to health services or procedures that are in short supply.
5. Extensive consultation has been undertaken with relevant internal stakeholders. Pursuant to subsection 18(1) of the Legislative Instruments Act 2003 external consultation was not necessary. The Instrument is of a minor or machinery nature and does not substantially alter existing arrangements. In accordance with policy and operational guidelines, local clearance will remain restricted to specified offshore locations based on varying levels of integrity and panel physician performance in different countries.
6. The Office of Best Practice Regulation was consulted in relation to the new points test and has advised that a Regulatory Impact Statement is not required (OBPR Reference 16516).
7. 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 13/161, commences on 22 March 2014.