EXPLANATORY STATEMENT

Migration Regulations 1994

SPECIFIED PLACE TO PROVIDE A PERSONAL IDENTIFIER 2015

(Subparagraph 2.04(3)(b)(ii) and sub-subparagraph 2.08AC(4)(a)(ii)(B))

1. The Instrument IMMI 15/105 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. The Instrument revokes IMMI 15/080 (F2015L00647), signed on 30 April 2015, under subsection 33(3) of the Acts Interpretation Act 1901.
3. The purpose of the Instrument is to specify the addresses within the foreign countries of Vietnam and Nepal that are to be specified places where a visa applicant may provide their personal identifiers to the Department of Immigration and Border Protection (the Department).
4. The Instrument operates to specify places where a visa applicant may provide their personal identifiers, as identified in regulation 2.08AC, to the Department. Personal identifiers are to be provided for the purpose of assessing the validity of a visa application under sub-subparagraph 2.08AC(4)(a)(ii)(B) for the purposes of subsection 46(2C) of the Migration Act 1958 (the Act), and for circumstances in which a visa may be granted under subparagraph 2.04(3)(b)(ii) for the purposes of paragraph 40(3)(a) and subsection 40(5) of the Act.
5. 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.
6. 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.
7. The Office of Best Practice Regulation (OBPR) has advised a Regulatory Impact Statement is not required (OBPR reference 18609).

6. The Instrument, IMMI 15/105, commences on 17 July 2015.