Overview

The Migration Regulations 1994 were amended in 2006 through the instrument F2006L03602 to address the need for a broader sponsorship base for organisations eligible to sponsor short stay business visitors to Australia. This amendment was made under regulation 1.17 and paragraph 459.214(c) of Schedule 2 to the Migration Regulations 1994. The policy objective was to expand the range of organisations capable of sponsoring applicants for a Sponsored Business Visitor (Short Stay) visa, thereby facilitating genuine business-related activities by international visitors. This legislative change was enacted by the Minister for Immigration and Citizenship, as permitted by the general power to specify matters via Gazette Notice. The amendment added several organisations to the list of those eligible to sponsor short stay business visitors, including Kingston International College Pty Ltd, BJ Services Company (Australia) Pty Ltd, BJ Process and Pipeline Services (Australia) Pty Ltd, Gulfx Ltd, Lion Energy Limited, Romanian Apostolic Pentecostal Church Perth, WorleyParsons Services Pty Limited, Halliburton Australia Pty Ltd, Zensar Technologies Limited, Production Services Network Pty Limited, and Arabic Expo Pty Ltd. These additions were made after external consultations with the listed organisations to ensure the changes would have a direct or substantial indirect effect on business.

Scope and Application

The Instrument made under regulation 1.17 and paragraph 459.214(c) of Schedule 2 to the Migration Regulations 1994 specifies organisations that are eligible to sponsor applicants for a Sponsored Business Visitor (Short Stay) visa. The objective of this regulation is to expand the range of organisations that can sponsor short stay business visitors to Australia for genuine business-related activities. This regulation adds the following organisations to the list of eligible sponsors: Kingston International College Pty Ltd, BJ Services Company (Australia) Pty Ltd, BJ Process and Pipeline Services (Australia) Pty Ltd, Gulfx Ltd, Lion Energy Limited, Romanian Apostolic Pentecostal Church Perth, WorleyParsons Services Pty Limited, Halliburton Australia Pty Ltd, Zensar Technologies Limited, Production Services Network Pty Limited, and Arabic Expo Pty Ltd. These organisations must now meet the criteria set by the Regulations to sponsor such visa applicants. Given the potential direct or substantial indirect effects on business, consultations were conducted with each of these organisations prior to the implementation of the Instrument. The regulation becomes effective from the day it is registered on the Federal Register of Legislative Instruments.

Key Provisions

The primary operative sections of this legislation, the Migration Regulations 1994, are section 1.17 and paragraph 459.214(c) of Schedule 2 (Regulations). Section 1.17 allows the Minister to specify, by notice in the Gazette, the matters required by individual provisions of the Regulations. Meanwhile, paragraph 459.214(c) provides that an applicant for a Sponsored Business Visitor (Short Stay) (Subclass 459) visa can be sponsored by an organisation specified in a Gazette Notice. This particular Instrument specifies the organisations that are eligible to sponsor short stay business visitors to Australia for genuine business-related activities. The obligations and requirements imposed by the Act on the specified organisations include the responsibility to ensure that they only sponsor applicants who genuinely intend to undertake business-related activities in Australia for the duration of their stay. The organisations must also ensure that the applicants meet the eligibility criteria for the Sponsored Business Visitor (Short Stay) visa and provide all necessary documentation to support the sponsorship. These organisations must comply with the terms and conditions of the sponsorship, including ensuring that the applicants do not engage in any prohibited activities during their stay in Australia. Failure to comply with the requirements and obligations outlined in the legislation may result in various offences, penalties, or civil/criminal consequences. The exact consequences will depend on the specific nature and severity of the breach. However, in general, breaches of the Migration Regulations 1994 can result in civil penalties, criminal charges, or both. The maximum penalties for breaches of the Regulations can include fines, imprisonment, or both. For example, under section 238 of the Migration Act 1958, a person who contravenes a provision of the Regulations may be liable to a penalty of up to 30 penalty units, which is currently equivalent to AUD 6,300 as of January 2021. Additionally, under section 239, a person who commits an offence against the Migration Act or the Regulations may be liable to imprisonment for up to five years or both imprisonment and a fine.