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))
- Instrument IMMI 15/125 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 IMMI 15/105 (F2015L01155), signed on 17 July 2015 under subsection 33(3) of the Acts Interpretation Act 1901, which states where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument.
- The purpose of the Instrument is to specify the addresses within the foreign countries of Myanmar and New Zealand 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).
- The Instrument operates to specify places where a visa applicant may provide their personal identifiers to the Department, as:
- a specified circumstance for granting a visa in subsection 40(3)(a) and subsection 40(5) of the Migration Act 1958 (the Act) and the prescribed circumstances in subparagraph 2.04(3)(b)(ii) of the Regulations: and
- a criterion of assessing validity of an application subsection 46(2C) of the Act and the prescribed circumstances in sub-subparagraph 2.08AC(4)(a)(ii)(B) of the Regulations.
- External consultation was undertaken with the Department of Foreign Affairs and Trade when making the change to this Instrument.
- The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 18609).
- The Senior Executive Service, Band two, Visa and Citizenship Management Division was delegated the powers contained in subparagraph 2.04(3)(b)(ii) and sub-subparagraph 2.08AC(4)(a)(ii)(B) of the Regulations in Instrument of Delegation DEL 15/090, signed on 30 June 2015.
- Under section 44 of the Legislative Instruments Act 2003, the Instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
- The Instrument IMMI 15/125, commences on 29 September 2015.
Overview
The Specified Place to Provide a Personal Identifier Instrument 2015, or IMMI 15/125, was enacted to address the need for clarity and precision in the locations where visa applicants can submit their personal identifiers, specifically for applicants from Myanmar and New Zealand. This instrument, made under the Migration Regulations 1994, revokes the earlier IMMI 15/105 to ensure that the specified places for providing personal identifiers are accurately and effectively delineated. The enactment of this instrument by the Australian Government, through the Department of Immigration and Border Protection, aims to streamline the visa application process by clearly outlining where personal identifiers can be submitted. This helps to ensure that visa applications are processed efficiently and that applicants can easily comply with the necessary documentation requirements.
Scope and Application
The specified Instrument IMMI 15/125, made under the Migration Regulations 1994, applies to visa applicants from Myanmar and New Zealand who are required to provide their personal identifiers to the Department of Immigration and Border Protection. The instrument specifies the addresses within these countries where such identifiers may be provided, serving as a specified circumstance for granting a visa under the Migration Act 1958 and a criterion for assessing the validity of a visa application. This regulatory change revokes the previous Instrument IMMI 15/105, which had outlined the specified places in these countries for providing personal identifiers. The instrument’s operation is confined to the geographic locations of Myanmar and New Zealand, and its application is contingent on the visa applicant's nationality and the specific requirements of the Migration Act and Regulations. The instrument does not extend to other countries or territories and is subject to the jurisdictional scope of the Migration Act and Regulations.
Key Provisions
The main operative sections of the Instrument IMMI 15/125, which is made under Subparagraph 2.04(3)(b)(ii) and sub-subparagraph 2.08AC(4)(a)(ii)(B) of the Migration Regulations 1994, serve to specify the addresses within Myanmar and New Zealand as places where visa applicants can provide their personal identifiers to the Department of Immigration and Border Protection. These specified places are designated for visa applicants under subsection 40(3)(a) and subsection 40(5) of the Migration Act 1958, as well as being used as a criterion for assessing the validity of an application under subsection 46(2C) of the Act. This is a significant change from the previous Instrument IMMI 15/105, which was revoked by this new instrument. The new instrument is designed to streamline the process of providing personal identifiers, ensuring that visa applicants can do so at the specified locations, which were determined through consultation with the Department of Foreign Affairs and Trade.
The Instrument IMMI 15/125 imposes obligations on visa applicants to ensure that their personal identifiers are provided at the specified locations in Myanmar and New Zealand. This is a necessary step in the visa application process, and applicants must adhere to these locations to maintain the validity of their applications. Additionally, the Department of Immigration and Border Protection is required to ensure that the specified places are adequately prepared to receive and process personal identifiers from visa applicants. This includes having the necessary resources and personnel available to handle the inflow of personal identifiers at these locations. The Department must also ensure that the process of providing personal identifiers is conducted in a secure and efficient manner, protecting the privacy and personal information of the visa applicants.
Breaches of the requirements outlined in Instrument IMMI 15/125 may result in penalties or other consequences. While specific penalties are not detailed in the Instrument, breaches of the Migration Act 1958 or the Migration Regulations 1994 can lead to significant legal and administrative consequences for visa applicants. These may include the refusal of a visa application, the imposition of fines, or even criminal charges in cases of serious non-compliance. It is essential for visa applicants to adhere to the requirements of the Instrument to avoid any potential negative outcomes. Additionally, the Department of Immigration and Border Protection may take enforcement action against any parties found to be in breach of the Instrument, ensuring that the visa application process remains fair, efficient, and secure.