Overview

The Migration Regulations 1994, as amended by F2009L04485, were enacted to address the need for clarity and consistency in the payment of visa application fees for individuals applying from overseas. This legislative instrument was introduced to specify the places and currencies acceptable for fee payments, ensuring that applicants from different countries understand where and how they must pay their fees. The purpose is to inform the Department of Immigration and Citizenship's (DIAC) offshore clients on the appropriate currency to use when paying a visa application charge from a foreign country. By specifying these details through a Gazette Notice, the legislation aims to streamline the application process and reduce potential confusion or errors in fee payment. The policy objective is to maintain a clear and orderly system for processing visa applications by ensuring that all necessary fees are paid correctly and promptly.

Scope and Application

The Migration Regulations 1994, specifically through the instrument IMMI 09/101, delineate the parameters for the payment of fees associated with visa applications, excluding visa application charges specified under subregulation (3A). This instrument applies to individuals and entities, including offshore clients of the Department of Immigration and Citizenship (DIAC), who are required to pay a fee for a visa application from a location outside Australia. The scope of this regulation is geographically broad, extending to any foreign country specified by Gazette Notice, and it pertains to the currencies acceptable for such payments, also specified by Gazette Notice. The regulation serves to clarify the process for non-Australian applicants, ensuring they use the correct currency when paying fees. It is worth noting that this instrument does not necessitate extensive consultation as it is considered a machinery instrument under the Legislative Instruments Act 2003, designed to streamline administrative processes rather than introduce substantive changes.

Key Provisions

The Migration Regulations 1994 (the Regulations) under section 5.36(1) specify that fees, excluding visa application charges mentioned in subregulation (3A), must be paid in designated locations and currencies. The Explanatory Statement, F2009L04485, informs the Department of Immigration and Citizenship's (DIAC) offshore clients about the appropriate currency to use when paying visa application charges from foreign countries. It clarifies the places where fees must be paid and the acceptable currencies for these payments, as specified by Gazette Notice. The main sections of this legislation are 5.36(1)(a) and (b) of the Regulations, which outline the requirements for where and how fees must be paid. Section 5.36(1)(a) mandates that payments must be made in places specified by Gazette Notice, whether within Australia or a foreign country. Section 5.36(1)(b) stipulates that payments must be made in a currency also specified by Gazette Notice for the relevant place. This ensures clarity and uniformity in the payment process for visa applicants. The Act imposes obligations on applicants to ensure that their payments are made in the correct places and currencies as specified. This includes checking the Gazette Notice for the relevant details and adhering to these guidelines when submitting their applications. Failure to comply with these provisions could result in delays or the rejection of visa applications. There are no specific offences, penalties, or civil/criminal consequences mentioned in the Explanatory Statement for breaches of these provisions. However, non-compliance with the specified payment requirements could lead to administrative issues, such as application processing delays or denials. The focus of the legislation is on ensuring clarity and uniformity in the payment process rather than on imposing punitive measures for non-compliance.