Migration Regulations 1994 - Specification of Transit Passengers who are Eligible for a Special Purpose Visa - IMMI 14/029

Overview

The instrument, F2014L00450, is made under the Migration Regulations 1994 and specifies the countries whose citizens are eligible for Australia’s transit without visa (TWOV) arrangements. This legislation was enacted to address the need for a streamlined process for transit passengers from certain countries to access Australia’s TWOV arrangements. The instrument revokes Instrument IMMI 13/053, signed on 24 May 2013, and removes Bosnia and Herzegovina from the list of countries whose diplomatic passport holders are excluded from the TWOV arrangements. This adjustment aims to facilitate smoother transit for eligible diplomatic passport holders from Bosnia and Herzegovina, provided they meet the specified conditions such as holding a confirmed onward booking and remaining in the transit lounge. The instrument was developed following consultations with key government departments and agencies, and it exempts itself from disallowance under section 44 of the Legislative Instruments Act 2003, thus not requiring a Human Rights Statement of Compatibility.

Scope and Application

The instrument amends the Migration Regulations 1994 to specify the countries whose citizens are eligible to transit Australia without a visa, under the authority of the Migration Act 1958. It is pertinent to transit passengers belonging to the class of persons prescribed by Gazette Notice, specifically those who hold a confirmed onward booking to leave Australia within 8 hours, possess the necessary documentation for their destination, and stay in the transit lounge. Diplomatic passport holders from specified countries are also eligible, except for those from countries listed in the Schedule, such as Bosnia and Herzegovina, which has been removed from this list by the instrument. The instrument operates to facilitate smoother transit processes for eligible passengers by updating the list of countries whose citizens can access Australia's transit without visa arrangements. The instrument is exempt from disallowance and does not require a Human Rights Statement of Compatibility, as advised by the Office of Best Practice Regulation.

Key Provisions

The primary sections of this legislation, referenced as the Migration Regulations 1994, concern the eligibility of transit passengers for a Special Purpose Visa, specifically under paragraph 2.40(1)(n). This regulation specifies that transit passengers from certain countries can access Australia’s transit without visa (TWOV) arrangements. For these passengers to be eligible, they must belong to a class of persons specified by Gazette Notice, hold a confirmed onward booking, and have the necessary documentation to enter their destination country. They must also remain in the transit lounge during their stay in Australia. The legislation imposes specific obligations on eligible transit passengers. These passengers must be from a country listed in the regulations, hold a confirmed onward flight within eight hours, and possess the required entry documentation for their destination country. Diplomatic passport holders from most countries are eligible for the TWOV arrangements, but the regulations also specify those countries whose diplomatic passport holders are excluded. The regulations amend the list of countries, removing Bosnia and Herzegovina from the exclusion list, thus allowing their diplomatic passport holders to access the TWOV arrangements. Breaching the provisions of the TWOV arrangements can result in several consequences. Although the explanatory statement does not detail specific offences or penalties, non-compliance with the visa and entry requirements could lead to refusal of entry into Australia, potential deportation, or other immigration-related consequences. The regulations ensure that only eligible passengers from specified countries can benefit from the TWOV arrangements, thereby maintaining the integrity of Australia's immigration policies. Consultation with relevant government departments, including the Department of Foreign Affairs and Trade, the Australian Federal Police, the Australian Customs and Border Protection Service, and the Australian Security Intelligence Organisation, was undertaken before the regulations were finalised. This ensures that the TWOV arrangements align with national security and immigration objectives. The Office of Best Practice Regulation has determined that a Regulatory Impact Statement is not required, indicating that the regulations have been thoroughly assessed for their potential impacts. Furthermore, under section 44 of the Legislative Instruments Act 2003, the instrument is exempt from disallowance, and a Human Rights Statement of Compatibility is not required. The instrument, IMMI 14/029, became effective on 9 May 2014, and it revises the eligibility criteria for transit passengers under the TWOV arrangements.