Migration Regulations 1994 - Specification of Payment of Visa Application Charges and Fees in Foreign Currencies (Conversion Instrument) - IMMI 13/126

Overview

The Migration Regulations 1994 were enacted to provide a comprehensive framework for the administration of Australia's migration laws. This legislative instrument, F2013L02085, was introduced to address the need for a consistent and transparent method of calculating visa application charges and fees when payments are made in foreign currencies. Made under the authority of the Migration Act 1958, this instrument aims to specify the exchange rates to be used for such calculations, ensuring clarity and fairness for applicants. The instrument was developed under the Legislative Instruments Act 2003, which exempts it from disallowance and thus does not require a Human Rights Statement of Compatibility. The policy objective is to provide a straightforward mechanism for the payment of fees in foreign currencies, facilitating the visa application process for non-residents.

Scope and Application

The F2013L02085 Instrument, made under the Migration Regulations 1994, specifically addresses the payment of visa application charges and fees in foreign currencies. This instrument specifies the exchange rates to be used for converting payments in particular currencies when settling visa application charges and associated fees. The Regulations, detailed in paragraph 5.36(1A)(a), allow the amount of payment to be set in writing using the exchange rate specified in the instrument. This provision applies to all individuals or entities required to pay visa application charges and fees who choose to make their payments in a currency other than Australian dollars. Geographically, the application of this instrument extends to the entire Commonwealth of Australia, impacting anyone subject to the Migration Regulations 1994. Notably, the instrument does not require consultation as it is considered a minor or machinery nature change, nor does it necessitate a Regulatory Impact Statement or a Human Rights Statement of Compatibility. The instrument came into effect on 1 January 2014.

Key Provisions

The primary sections of this legislation are contained in the Explanatory Statement and specifically reference Paragraph 5.36(1A)(a) of the Migration Regulations 1994. This paragraph provides the legal basis for specifying the exchange rate to be used when calculating payments in foreign currencies for visa application charges and other fees. The Instrument allows for the specification of these exchange rates, ensuring consistency and clarity in the conversion of foreign currencies to Australian dollars for these payments. The exchange rates are to be applied against each specified currency when calculating the required payments, thereby providing a clear framework for both applicants and the Department of Immigration. The obligations imposed by this Act on the parties it governs are primarily concerned with the accuracy and consistency of currency conversion for visa application charges and fees. Applicants for visas must now use the specified exchange rates as outlined in the Instrument to calculate their payments in foreign currencies. This ensures that all applicants are on an equal footing and that there is no discrepancy in the conversion rates used. The Department of Immigration, in turn, is obligated to enforce these exchange rates and ensure that all payments are correctly calculated according to the specified rates. Breaches of this Act, while not explicitly detailed in the explanatory statement, would likely incur penalties under the broader Migration Act 1958 and related regulations. While the explanatory statement does not specify civil or criminal consequences for non-compliance, it is reasonable to infer that failure to adhere to the specified exchange rates could result in payment errors, which may lead to delays or refusals of visa applications. The severity of penalties would depend on the specific circumstances of the breach, but could potentially include financial penalties, administrative sanctions, or even criminal charges in cases of fraudulent intent or significant financial discrepancies.