Migration Regulations 1994 - Specification of Transit Passengers Who Are Eligible For A Special Purpose Visa 2015 - IMMI 15/057

EXPLANATORY STATEMENT

Migration Regulations 1994

TRANSIT PASSENGERS WHO ARE ELIGIBLE FOR A
SPECIAL PURPOSE VISA 2015

(Paragraph 2.40(1)(n))

1. This Instrument is made under paragraph 2.40(1)(n) of the Migration Regulations 1994 (the Regulations).
2. The Instrument revokes IMMI 14/090 (F2014L01322) under section 33(3) of the Acts Interpretation Act 1901.
3. The purpose of the Instrument is to specify transit passengers who are eligible for a Special Purpose Visa to transit Australia. The Instrument has been amended to add Romania, Croatia and Uruguay to the list of countries whose citizens are able to transit Australia without a visa. 
4.  The Instrument operates to specify the countries whose citizens are eligible to access Australia’s Transit Without Visa (TWOV) arrangements. Transit passengers from these countries are able to access the TWOV arrangements provided they are:

a)      from an eligible country

b)     hold a confirmed onward booking to leave Australia to travel to a third country on the same or another aircraft within 8 hours of their scheduled arrival in Australia

c)      hold documentation necessary to enter the country of their destination

d)     remain in the transit lounge. 

Diplomatic passport holders from listed countries are also eligible to access Australia’s TWOV arrangements. The TWOV list also sets out those countries whose diplomatic passport holders are excluded from using the TWOV arrangements and are listed in clause (d) of the Instrument.

5.             Consultation was undertaken, prior to the making of the Instrument, with the Department of Foreign Affairs and Trade, the Australian Federal Police, the Australian Customs and Border Protection Service and the Australian Security Intelligence Organisation.

6.             The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 18525).

7.             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.

8.             The Instrument, IMMI 15/057, commences on 18 April 2015.