Migration Regulations 1994 - Specification of Payment of Visa Application Charges and Fees in Foreign Currencies 2015 (Conversion Instrument) - IMMI 15/001

Overview

The Payment of Visa Application Charges and Fees in Foreign Currencies 2015, made under the Migration Regulations 1994, was introduced to address the need for a standardised method of calculating visa application charges and other fees when paid in foreign currencies. This legislative instrument revokes the earlier Instrument IMMI 14/101, which was signed on 17 October 2014. The primary objective of this Instrument is to specify the exchange rates to be used in converting various foreign currencies to Australian dollars for the purpose of determining the requisite payments. It operates by setting the exchange rates against the Australian dollar for each specified foreign currency, thus providing clarity and consistency in fee payments. The Instrument, IMMI 15/001, was enacted by the relevant authority and commenced on 1 January 2015. The legislative process for this Instrument did not require consultation or the preparation of a Regulatory Impact Statement, as it is considered of a minor or machinery nature and does not substantially alter existing arrangements.

Scope and Application

The Migration Regulations 1994 Payment of Visa Application Charges and Fees in Foreign Currencies 2015 applies to all applicants for a visa who are required to pay visa application charges and other fees in foreign currencies. This Instrument operates to specify the exchange rates in relation to the Australian dollar for each specified foreign currency when calculating the payment of these charges and fees. The scope of the Instrument is limited to the regulation of the exchange rates used in the conversion of foreign currencies to Australian dollars for payment purposes, ensuring consistency and transparency in the fee payment process. The Instrument revokes the previous Instrument, IMMI 14/101, and commences on 1 January 2015. It is a minor regulation that does not substantially alter existing arrangements and does not require a Regulatory Impact Statement or a Statement of Compatibility with Human Rights. The Instrument is exempt from disallowance under section 44 of the Legislative Instruments Act 2003.

Key Provisions

The Payment of Visa Application Charges and Fees in Foreign Currencies Instrument 2015, made under paragraph 5.36(1A)(a) of the Migration Regulations 1994, revokes the earlier instrument IMMI 14/101, signed on 17 October 2014. The purpose of this new Instrument is to clearly specify the exchange rates that must be used when calculating payments in foreign currencies for visa application charges and other fees. These exchange rates, specified in relation to the Australian dollar, will be applied against each specified foreign currency to ensure accurate and consistent payment calculations. This regulatory update comes into effect on 1 January 2015. Under this Instrument, visa applicants or their representatives who are paying application charges and fees in foreign currencies must use the specified exchange rates to convert their currency into Australian dollars. This ensures that all payments are calculated uniformly and transparently, regardless of the currency used. The Instrument lists the specific exchange rates for each relevant foreign currency, which must be adhered to for all calculations. This clarity is essential for both applicants and the Department of Immigration and Border Protection to process applications accurately and efficiently. The Instrument imposes specific obligations on visa applicants or their representatives who are making payments in foreign currencies. They must use the specified exchange rates to convert their currency into Australian dollars, as outlined in the Instrument. Failure to use the correct rates will result in incorrect calculations, potentially leading to payment issues or delays in processing visa applications. This requirement ensures that all payments are made according to the same standards, maintaining consistency and fairness in the application process. Non-compliance with the specified exchange rates for converting foreign currency payments into Australian dollars may result in incorrect payment calculations. While the Instrument does not detail specific penalties for breaches, it is implied that incorrect payments could lead to application delays, additional fees for corrections, or even application rejections. Applicants are encouraged to use the correct exchange rates to avoid these complications. Although the Instrument does not specify penalties, adherence to the correct rates is crucial to avoid potential issues with the processing of visa applications.