Overview

The Migration Regulations 1994, as amended by the Instrument IMMI 15/134, were enacted to address the need for updating the list of specified places where visa applicants can provide their personal identifiers. This Instrument, introduced in 2015 by the Australian Government, aims to specify additional addresses in Nepal, Vietnam, New Zealand, and Myanmar, while removing those in Nigeria. It was made under the authority of the Migration Act 1958 and the Migration Regulations 1994, and revokes the earlier Instrument IMMI 15/125. The policy objective is to streamline the process for visa applicants by clearly defining where they can submit their personal identifiers, thereby enhancing the efficiency and effectiveness of the visa application process. External consultation was undertaken with the Department of Foreign Affairs and Trade to ensure the changes align with international diplomatic considerations. The Instrument does not require a Regulatory Impact Statement and is exempt from disallowance under the Legislative Instruments Act 2003.

Scope and Application

The Instrument IMMI 15/134 is a legislative instrument made under the Migration Regulations 1994 and serves to update the locations in certain foreign countries where visa applicants can provide their personal identifiers to the Department of Immigration and Border Protection. This instrument revokes a previous instrument, IMMI 15/125, and modifies the list of specified places to include new addresses in Nepal, Vietnam, New Zealand, and Myanmar while removing addresses in Nigeria. It applies to visa applicants who are required to provide personal identifiers as part of their visa application process, affecting individuals from the specified countries. The instrument operates within the framework of the Migration Act 1958 and the Migration Regulations 1994, serving as a specified circumstance for granting a visa and a criterion for assessing the validity of a visa application. The instrument’s application is confined to the jurisdictions mentioned and does not require a Regulatory Impact Statement as advised by the Office of Best Practice Regulation. Additionally, it is exempt from disallowance under section 44 of the Legislative Instruments Act 2003, thereby not necessitating a Statement of Compatibility with Human Rights.

Key Provisions

The main operative sections of the Instrument IMMI 15/134 are those which specify the additional addresses in Nepal, Vietnam, New Zealand, and Myanmar where a visa applicant can provide their personal identifiers to the Department of Immigration and Border Protection. This is detailed in section (a) of the Instrument, which specifies the locations as designated places under subsection 40(3)(a) and subsection 40(5) of the Migration Act 1958 and the prescribed circumstances in subparagraph 2.04(3)(b)(ii) of the Migration Regulations 1994. Additionally, it outlines these locations as criteria for assessing the validity of an application under subsection 46(2C) of the Act and the prescribed circumstances in sub-subparagraph 2.08AC(4)(a)(ii)(B) of the Regulations. The obligations imposed by this Instrument on parties and entities it governs include the requirement for visa applicants to provide their personal identifiers at the specified places in Nepal, Vietnam, New Zealand, and Myanmar. This is crucial for the assessment and processing of visa applications, ensuring that the applicants' data is collected in a controlled and specified manner. The removal of addresses within Nigeria from the list of specified places also indicates a requirement for applicants from Nigeria to adhere to the new locations designated for providing personal identifiers. In terms of consequences for non-compliance or breach of the provisions in the Instrument, the text does not explicitly detail specific offences, penalties, or civil/criminal consequences. However, given the context of visa application processes and the importance of providing accurate personal identifiers, failure to comply with these specifications could potentially result in delays or rejections of visa applications. The legal framework of the Migration Act 1958 and the Migration Regulations 1994 would govern the repercussions of such non-compliance, which may include administrative penalties or further scrutiny of the application. The absence of a Regulatory Impact Statement and the exemption from disallowance under section 44 of the Legislative Instruments Act 2003 suggest a streamlined process aimed at ensuring efficient and accurate handling of visa applications.