EXPLANATORY STATEMENT
Migration Regulations 1994
SPECIFIED PLACE
(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).
2. This Instrument revokes IMMI 14/030.
3. The purpose of the Instrument is to add addresses for Colombia and amend addresses for France, Ghana, Malaysia and Kingdom of Saudi Arabia, at which personal identifiers may be provided. Obsolete addresses, where Australian Visa Application Centres no longer operate because they have relocated, are also being removed.
4. The operation of the Instrument is to specify places in the Kingdom of Bahrain, Bangladesh, Cambodia, Colombia, Ethiopia, France, Ghana, Jordan, Kenya, Kuwait, Lebanon, Malaysia, Nigeria, Pakistan, Qatar, the Kingdom of Saudi Arabia, Sri Lanka, Turkey, United Arab Emirates and Zimbabwe where an applicant is to provide personal identifiers. 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).
5. Consultation was not necessary as, under subsection 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. 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.
7. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 16089).
8. The Instrument, IMMI 14/056, commences on 1 July 2014.
Overview
The "Migration Regulations 1994" were enacted to manage and regulate the movement of people to, from, and within Australia, addressing the need for a comprehensive framework governing visa applications and immigration processes. The "Specified Place" legislative instrument, F2014L00754, made under the authority of the Migration Regulations 1994, serves to update and refine the locations where personal identifiers must be provided for visa application purposes. This update addresses the obsolescence of certain application centre addresses by removing those that no longer operate and adding new addresses for countries such as Colombia while amending others for France, Ghana, Malaysia, and the Kingdom of Saudi Arabia. The policy objective of this instrument is to ensure the efficient and accurate processing of visa applications by providing current and accessible locations for the submission of personal identifiers, thereby supporting the overall integrity of the visa assessment process.
Scope and Application
The Migration Regulations 1994, as amended by the Instrument F2014L00754, apply to individuals who are applying for a visa under the specified regulations. This particular Instrument is concerned with the addresses of designated locations in various countries where applicants must provide personal identifiers to assess the validity of their visa applications. The countries involved include Bahrain, Bangladesh, Cambodia, Colombia, Ethiopia, France, Ghana, Jordan, Kenya, Kuwait, Lebanon, Malaysia, Nigeria, Pakistan, Qatar, Saudi Arabia, Sri Lanka, Turkey, the United Arab Emirates, and Zimbabwe. The Instrument serves to update and correct the addresses of Visa Application Centres, ensuring that only current and operational locations are listed. This regulation is made under the authority provided by the Migration Regulations 1994 and is intended to streamline the visa application process by providing accurate information regarding where personal identifiers should be submitted. The Instrument revokes an earlier version, IMMI 14/030, and comes into effect on 1 July 2014.
Key Provisions
The key provisions of this Instrument concern the specific places where applicants for Australian visas can provide personal identifiers. The main sections in focus are subparagraph 2.04(3)(b)(ii) and sub-subparagraph 2.08AC(4)(a)(ii)(B) of the Migration Regulations 1994 (the Regulations). This Instrument, IMMI 14/056, revokes the previous Instrument IMMI 14/030 and updates the addresses for various countries to reflect current locations of Australian Visa Application Centres. The specified countries include Bahrain, Bangladesh, Cambodia, Colombia, Ethiopia, France, Ghana, Jordan, Kenya, Kuwait, Lebanon, Malaysia, Nigeria, Pakistan, Qatar, the Kingdom of Saudi Arabia, Sri Lanka, Turkey, United Arab Emirates, and Zimbabwe.
Under this Instrument, visa applicants must provide their personal identifiers at the designated locations when requested by an immigration officer. These personal identifiers are essential for assessing the validity of visa applications and determining eligibility for visas. The Instrument aims to streamline the visa application process by updating and removing obsolete addresses where Australian Visa Application Centres no longer operate due to relocations. The primary obligation for applicants is to ensure they provide the required personal identifiers at the correct and current locations specified by the Instrument.
Breaches of these requirements can result in various consequences, although specific offences and penalties are not detailed in the Instrument. Generally, failure to comply with the Regulations can lead to delays in processing visa applications or even the rejection of an application if the necessary personal identifiers are not provided. The exact consequences will depend on the individual circumstances and the discretion of the immigration officer handling the application. While the Instrument itself does not detail specific penalties, it is important to comply fully with the requirements to avoid any potential negative impacts on the visa application process.