EXPLANATORY STATEMENT
Migration Regulations 1994
PLACES AND CURRENCIES FOR PAYING OF FEES
(PARAGRAPHS 5.36(1)(a) AND 5.36(1)(b))
- This Instrument is made under paragraphs 5.36(1)(a) and 5.36(1)(b) of the Migration Regulations 1994 (‘the Regulations’).
2. Subregulation 5.36(1) of the Regulations provides that payment of a fee, other than a visa application charge mentioned in subregulation (3A), must be made:
(a) in a place, being Australia or a foreign country, that is specified for the purposes of the paragraph by Gazette Notice; and
(b) in a currency that is specified for the purposes of the paragraph by Gazette Notice as a currency in which a fee may be paid in that place.
3. The purpose of the Instrument is to include Nigeria as a specified place and to specify the Nigerian Naira as a relevant currency for use when paying a visa application charge when applying in Nigeria for a visa to enter Australia.
4. The Instrument operates to specify a place, Nigeria, in which payment of a fee must be made and the currency, the Nigerian Naira, may be paid in that place. Fee means an instalment of visa application charge or an amount of visa evidence charge or a fee payable under the Regulations.
5. Consultation is unnecessary as, under section 18(1) of the Legislative Instruments Act 2003, the Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
6. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference: 2012/ 14363).
7. Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.
8. The Instrument, IMMI 13/025, commences on the day after the date of registration.
Overview
The Migration Regulations 1994 were enacted to regulate the payment of fees associated with visa applications to Australia, ensuring that applicants could pay in a specified location and currency. This legislation aims to streamline the visa application process by allowing applicants in foreign countries to pay fees in their local currency, reducing potential barriers to entry. The particular instrument, F2013L00173, was introduced by the Australian government to address a gap in the list of approved locations and currencies for fee payments by adding Nigeria and the Nigerian Naira. This was achieved under the authority granted by the Legislative Instruments Act 2003 and was implemented without the need for consultation or a Regulatory Impact Statement, given its minor nature. The inclusion of Nigeria as an approved location and the Nigerian Naira as an acceptable currency for fee payments aims to facilitate the visa application process for applicants from that country, aligning with the overarching policy objectives of the Migration Regulations 1994.
Scope and Application
The Migration Regulations 1994, as amended by the legislative instrument F2013L00173, provide specific provisions for the payment of fees associated with visa applications, particularly focusing on the locations and currencies acceptable for such payments. The Instrument specifies Nigeria as a location where fees can be paid for Australian visas, using the Nigerian Naira as the relevant currency. This regulation applies to individuals or entities seeking to pay a visa application charge in Nigeria when applying for a visa to enter Australia. The inclusion of Nigeria as a specified place for fee payment aims to facilitate easier access to visa application processes for applicants located in that country. The scope of this legislation is limited to the administrative convenience of processing visa applications and does not extend to altering the substantive criteria or conditions for visa approvals. Notably, this regulation does not require extensive consultation or a Regulatory Impact Statement as it is considered a minor administrative change under the Legislative Instruments Act 2003.
Key Provisions
The Migration Regulations 1994 (Regulations) outline specific requirements for the payment of fees associated with visa applications, including the places and currencies accepted. According to section 5.36(1), fees must be paid in a designated place and currency as specified by a Gazette Notice (paragraphs 5.36(1)(a) and 5.36(1)(b)). This Instrument amends those regulations to include Nigeria as an approved location and the Nigerian Naira as an acceptable currency for such payments, specifically for visa application charges when applying for an Australian visa from within Nigeria.
This legislative amendment imposes specific obligations on applicants making fee payments in Nigeria. Applicants must ensure that they pay the required visa application charges in Nigerian Naira, as stipulated by the Instrument. This specification ensures that the payment process is both accessible and compliant for applicants in Nigeria, aligning with the regulations governing the acceptance of fees in designated places and currencies.
The consequences of non-compliance with these provisions are not explicitly detailed in the text provided. However, generally, failure to adhere to the prescribed methods and currencies for fee payments as mandated by the Regulations may result in delays or refusals in processing visa applications. Such outcomes can be significant for applicants, potentially affecting their eligibility and timelines for visa approvals.
In summary, the Instrument specifies Nigeria as a place where visa application fees may be paid in Nigerian Naira, aligning with the broader requirements set out in the Migration Regulations 1994. Compliance with these specifications is crucial for applicants to ensure their fees are processed correctly and their visa applications are not adversely affected.