Overview

The Migration Regulations 1994, as amended by the legislative instrument F2007L04640, aim to address the practical difficulties faced by offshore applicants when paying visa application charges and fees in foreign currencies. This instrument, enacted by the Australian Government and made under regulation 1.17 and paragraph 5.36(1A)(a) of the Migration Regulations 1994, seeks to specify the amounts in foreign currencies corresponding to those payable in Australian dollars. The primary objective is to provide clarity and transparency to applicants from overseas, ensuring they are informed about the exact amounts required in their local currency when applying for a visa to enter Australia from any country, including those that are not independent sovereign states. This legislative measure was implemented to streamline the visa application process for international applicants and was brought into effect on 1 January 2008, following consultation with all relevant overseas posts to address any potential issues or concerns.

Scope and Application

The Migration Regulations 1994, as amended by the Instrument F2007L04640, applies to individuals and entities seeking to pay visa application charges and fees in foreign currencies when applying for a visa to enter Australia from outside the country and its external territories. This regulation is made under the authority of the Migration Act 1958 and is specifically intended to clarify and specify the amount in local currency that applicants should pay for visa application charges. The scope of this regulation extends to all persons and entities, regardless of nationality, who are outside Australia and its external territories and are required to pay visa application charges in foreign currencies. The regulation ensures that applicants are informed about the equivalent value of the fees in their local currency, thereby facilitating the payment process. This regulation does not explicitly exclude any particular group or type of transaction, but rather encompasses all visa applicants who are outside Australia and need to pay in a foreign currency. The regulation's application is broad, with no stated thresholds or exemptions, ensuring consistent application across all visa applicants in the specified circumstances.

Key Provisions

The Migration Regulations 1994, as amended by IMMI 07/090, contain provisions that allow the Minister to specify amounts in foreign currencies that correspond to the fees payable in Australian dollars for visa applications made outside Australia. This is detailed in regulation 1.17, which enables the Minister to issue notices in the Gazette to specify matters required by individual provisions of the Regulations, and in paragraph 5.36(1A)(a), which allows for the specification of fees in foreign currencies. This particular regulation is designed to ensure clarity for applicants who are required to pay fees in their local currency when applying for a visa from a country outside Australia. The obligations imposed by these provisions on the parties concerned, particularly applicants for Australian visas, include the requirement to pay the specified amount in their local currency as detailed in the Gazette Notice. This requirement ensures that there is no confusion regarding the amount that needs to be paid, thereby facilitating a smooth application process. The Department of Immigration and Citizenship (DIAC) is obligated to publish these amounts in local currencies and to ensure that the information is accurately disseminated to all relevant overseas posts. Non-compliance with the specified amounts for visa application fees can lead to various consequences. If an applicant fails to pay the correct amount in the specified foreign currency, their application may be deemed incomplete or invalid. This could result in delays or outright refusal of the visa application. There are no specific criminal penalties mentioned in the explanatory statement for failing to pay the correct amount, but it is clear that civil consequences such as application rejection or processing delays will follow. The precise nature of these consequences would depend on the specific circumstances of the application and the discretion of the visa officer handling the case.