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

Overview

The Transit Passengers Who Are Eligible for a Special Purpose Visa 2015, made under the Migration Regulations 1994, aims to specify the transit passengers who are eligible for a Special Purpose Visa to transit Australia. This legislative instrument revokes IMMI 14/090 (F2014L01322) and amends the list of eligible countries to include Romania, Croatia, and Uruguay, allowing citizens from these nations to transit Australia without a visa under specific conditions. Transit passengers from eligible countries must meet certain criteria, including holding a confirmed onward booking, necessary documentation for their destination, and remaining in the transit lounge. Diplomatic passport holders from listed countries are also eligible for Australia's Transit Without Visa (TWOV) arrangements. The instrument was developed following consultations with relevant government departments and agencies, including the Department of Foreign Affairs and Trade and the Australian Customs and Border Protection Service, and was deemed exempt from disallowance under the Legislative Instruments Act 2003.

Scope and Application

This Instrument, made under the Migration Regulations 1994, specifically addresses the eligibility of transit passengers for a Special Purpose Visa, namely the Transit Without Visa (TWOV) arrangements. It revises the eligibility criteria by adding Romania, Croatia, and Uruguay to the list of countries whose citizens can transit Australia without a visa, subject to certain conditions. To be eligible, transit passengers must be from one of these countries, hold a confirmed onward booking to leave Australia within eight hours of their arrival, possess the necessary documentation to enter their destination country, and remain in the transit lounge throughout their stay. Diplomatic passport holders from these countries are also eligible, except for those from specified countries that are excluded from the TWOV arrangements. The Instrument revokes the previous instrument, IMMI 14/090, and has undergone consultation with relevant government agencies. It is exempt from disallowance and does not require a Regulatory Impact Statement or a Statement of Compatibility with Human Rights, commencing on 18 April 2015.

Key Provisions

The main provisions of this legislation, under the Migration Regulations 1994, specify the transit passengers who are eligible for a Special Purpose Visa, specifically a Transit Without Visa (TWOV) arrangement (section 2.40(1)(n)). This legislation revokes the previous Instrument, IMMI 14/090, and amends it to include Romania, Croatia, and Uruguay as countries whose citizens can transit Australia without a visa. For transit passengers to be eligible, they must be from an eligible country, hold a confirmed onward booking to leave Australia within 8 hours of their arrival, possess the necessary documentation to enter their destination country, and remain in the transit lounge (section 2.40(1)(n)(a)-(d)). Diplomatic passport holders from the listed countries are also eligible to use the TWOV arrangements, except those from countries listed in clause (d) of the Instrument, who are excluded. The obligations imposed by this Act include ensuring that transit passengers meet the specified criteria to use the TWOV arrangements. This involves verifying that passengers are from an eligible country, confirming their onward travel plans, ensuring they have the necessary entry documentation for their destination, and ensuring they remain in the transit lounge. The Act also mandates consultation with relevant agencies such as the Department of Foreign Affairs and Trade, the Australian Federal Police, the Australian Customs and Border Protection Service, and the Australian Security Intelligence Organisation prior to making changes to the Instrument (section 5). Additionally, the legislation requires adherence to the terms set out in the Instrument, IMMI 15/057, which came into effect on 18 April 2015. In terms of consequences for breach, the Act does not explicitly state specific offences, penalties, or consequences for non-compliance with its provisions. However, general provisions of the Migration Act 1958 may apply, which can include civil and criminal penalties for breaches related to visa regulations and immigration matters. These penalties can vary depending on the nature and severity of the breach but may include fines, imprisonment, or other sanctions as determined by relevant authorities. The absence of a Regulatory Impact Statement and a Statement of Compatibility with Human Rights, as advised by the Office of Best Practice Regulation and under section 44 of the Legislative Instruments Act 2003, indicates that the legislation is designed to operate within existing legal frameworks without necessitating additional compliance measures beyond those generally applicable under the Migration Act.