Overview

The Migration Regulations 1994, as amended by the instrument F2010L01415, were enacted to address the specific issue of clarifying the places and currencies for paying visa application charges for applicants outside Australia. This legislative instrument was introduced to provide clarity and specificity regarding where and in what currency fees must be paid for visa applications made from foreign countries. The enacting body behind this regulation is the Australian Parliament, operating under the authority delegated to the Minister for Immigration and Citizenship. The primary policy objective of this regulation is to streamline and standardise the process for fee payments, ensuring there is no ambiguity for applicants regarding the accepted forms of payment in different locations. The instrument specifies the authorised locations and currencies for fee payments, aiming to facilitate a more straightforward and efficient application process for those seeking to enter Australia.

Scope and Application

The instrument, F2010L01415, pertains to the Migration Regulations 1994, specifically addressing the places and currencies acceptable for paying visa application charges under paragraphs 5.36(1)(a) and 5.36(1)(b). This legislation applies to individuals who are making a visa application from a foreign country, requiring them to pay their fees in a designated location, which can be either Australia or a specified foreign country, and in a currency that has been officially recognised by a Gazette Notice for use in that location. The scope of this regulation ensures that all applicants adhere to the specified locations and currencies for fee payments, maintaining a standardised approach to processing visa applications from abroad. The regulation extends its applicability to all applicants, regardless of their nationality or the type of visa they are seeking, and it operates within the jurisdictional reach of the Commonwealth of Australia. The instrument does not require consultation as it is considered minor and does not substantially alter existing arrangements. The regulation came into effect on 1 July 2010, as stated in IMMI 10/021.

Key Provisions

The Migration Regulations 1994 (the Regulations) outline the requirements for the payment of fees for visa applications, as specified in subregulation 5.36(1). This subregulation states that the payment of a fee, excluding the visa application charge mentioned in subregulation (3A), must be made in a designated place, either within Australia or a foreign country, as notified by a Gazette Notice. Furthermore, the payment must be in a currency that is also specified by a Gazette Notice as being acceptable for that particular location (subsection 5.36(1)(a) and (b)). These provisions are designed to ensure that applicants pay their fees in the correct manner and location, and in an approved currency, to avoid any confusion or issues with their application. The Migration Regulations 1994 impose certain obligations on applicants, visa agents, and other relevant parties. Applicants must ensure that they pay their fees in the specified place and currency as outlined in the Gazette Notice. Visa agents and other authorised persons must also comply with these requirements when processing visa applications on behalf of their clients. Failure to adhere to these provisions may result in delays or complications in the visa application process. The Migration Regulations 1994 do not explicitly outline any offences, penalties, or civil/criminal consequences for non-compliance with the fee payment provisions. However, it is important to note that failure to adhere to the specified places and currencies for fee payment may result in the rejection or delay of a visa application. In some cases, applicants may be required to pay additional fees or provide additional documentation to rectify the issue. It is crucial for applicants and visa agents to carefully review the relevant Gazette Notices and ensure that they are following the correct procedures for fee payment to avoid any potential complications. The explanatory statement for the Migration Regulations 1994 highlights that consultation was not necessary for the creation of this Instrument, as it is considered to be of a minor or machinery nature and does not substantially alter existing arrangements. The Office of Best Practice Regulation’s Business Cost Calculator and Assessment Checklists were used to determine that there was no compliance cost on business or impact on competition in relation to this instrument. This Instrument, IMMI 10/021, commenced on 1 July 2010, and serves to specify the places in which payment of a fee must be made and the currency in which a fee may be paid in that place, in accordance with the Migration Regulations 1994.