EXPLANATORY STATEMENT
Migration Regulations 1994
SPECIFIED PLACE 2015
(Subparagraph 2.04(3)(b)(ii) and sub-subparagraph 2.08AC(4)(a)(ii)(B))
- This Instrument is made under subparagraph 2.04(3)(b)(ii) and sub-subparagraph 2.08AC(4)(a)(ii)(B) of the Migration Regulations 1994 (the Regulations).
- The Instrument revokes Instrument number IMMI 14/089 (F2014L01186), signed on 27 August 2014, under section 33(3) of the Acts Interpretation Act 1901.
- The purpose of the Instrument is to specify places in Nepal, Mexico and Singapore, where a visa applicant can supply their personal identifiers to the Department of Immigration and Border Protection (the department).
- The Instrument operates to specify places offshore and onshore visa applicants can provide their personal identifiers to the department. The personal identifiers are to be provided when required by an officer, for the purpose of assessing the validity of a visa application under sub-subparagraph 2.08AC(4)(a)(ii)(B) and for circumstances in which a visa may be granted under subparagraph 2.04(3)(b)(ii).
- Consultation was not necessary as, under subsection 18(1) of the Legislative Instruments Act 2003, the Instrument is of minor or machinery nature and does not substantially alter existing arrangements.
- Under section 44 of Legislative Instruments Act 2003 the instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
- The Office of Best Practice has advised a Regulatory Impact Statement is not required (OBPR reference 18609).
- The Instrument, IMMI 15/054, commences the day after registration on the Federal Register of Legislative Instruments.
Overview
The Migration Regulations 1994, enacted by the Parliament of Australia, form a critical component of Australia’s immigration law, addressing the need for a streamlined and efficient process for assessing visa applications. The specified places legislative instrument, F2015L00387, made under the authority of the Migration Regulations, was introduced to enhance the administration of visa applications by specifying where applicants in Nepal, Mexico, and Singapore can provide their personal identifiers to the Department of Immigration and Border Protection. This legislation aims to facilitate the collection of necessary information for visa assessment, ensuring the integrity of the visa application process and enabling the department to effectively manage the flow of information from international applicants. The instrument operates to define the locations where personal identifiers can be collected, both offshore and onshore, thereby supporting the department's efforts to verify the validity of visa applications.
Scope and Application
The specified places instrument under the Migration Regulations 1994 applies to visa applicants in Nepal, Mexico, and Singapore, allowing them to provide their personal identifiers at designated locations when required by an immigration officer. This requirement is for the assessment of visa application validity and the circumstances under which a visa may be granted. The legislation specifies both offshore and onshore locations where such personal identifiers can be submitted, thereby streamlining the process for applicants in these countries. The geographic reach of this instrument is limited to the mentioned countries and does not extend to other areas or individuals not specified. As a minor or machinery instrument, it does not necessitate consultation or a Regulatory Impact Statement, nor does it require a Statement of Compatibility with Human Rights due to its exempt status under the Legislative Instruments Act 2003. The instrument comes into effect the day following its registration on the Federal Register of Legislative Instruments.
Key Provisions
The main operative sections of the Migration Regulations 1994 (Specified Place) Instrument 2015 (F2015L00387) are sections that specify places in Nepal, Mexico, and Singapore where visa applicants can provide their personal identifiers to the Department of Immigration and Border Protection. This is detailed in sub-subparagraph 2.08AC(4)(a)(ii)(B) and subparagraph 2.04(3)(b)(ii). These provisions allow for the collection of personal identifiers from visa applicants at these specified locations, both onshore and offshore, to assist in the assessment of visa applications. The instrument revokes the previous instrument IMMI 14/089 (F2014L01186), which had similar functions but related to different locations or procedures.
The Act imposes specific obligations on visa applicants, requiring them to provide personal identifiers as requested by the Department of Immigration and Border Protection at the designated locations. These identifiers are necessary for the assessment of visa applications, ensuring that the department can verify the validity of the applications. The Instrument also requires that these personal identifiers be provided in accordance with the stipulated procedures, and that the collection process aligns with the requirements set out in the Migration Regulations 1994. The obligations extend to ensuring that the specified places are appropriately equipped and staffed to handle the collection of these identifiers efficiently and securely.
In terms of potential consequences for non-compliance, the legislation does not explicitly outline specific offences, penalties, or civil or criminal consequences for breaches of the specified provisions. However, it is understood that failure to provide the required personal identifiers when requested could result in delays or the refusal of a visa application. This is because the personal identifiers are crucial for the assessment process, and their absence could hinder the department's ability to verify the applicant's identity and eligibility for a visa. While the exact penalties are not detailed in the instrument, the implications of non-compliance can be significant for the visa applicant, potentially impacting their ability to obtain the visa they are seeking.