EXPLANATORY STATEMENT
Migration Regulations 1994
TRANSIT PASSENGERS WHO ARE ELIGIBLE FOR A SPECIAL PURPOSE VISA
(Paragraph 2.40(1)(n))
- This Instrument is made under paragraph 2.40(1)(n) of the Migration Regulations 1994 (the Regulations).
2. The Instrument revokes IMMI 14/029 (F2014L00450).
3. The purpose of the Instrument is to specify transit passengers who are eligible for a Special Purpose Visa to transit Australia.
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 from an eligible country, 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, hold documentation necessary to enter the country of their destination, and remain in the transit lounge. Diplomatic passport holders from most 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. The Instrument has been amended to add the Republic of Bulgaria and the Republic of Chile to the list of countries whose citizens are able to transit Australia without a visa.
6. Consultation was undertaken, before the Instrument was made, 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.
7. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR References 17210 and 17211).
8. 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.
9. The Instrument, IMMI 14/090, commences on 6 October 2014.
Overview
The Migration Regulations 1994 were enacted to provide a comprehensive framework for the administration of Australia's migration laws, ensuring effective control over who enters and remains in the country. One of the gaps this legislation aimed to address was the need for clear guidelines on transit passengers who might be eligible for special purpose visas. The F2014L01322 legislative instrument, introduced under the Migration Regulations 1994, specifies the criteria for transit passengers eligible for Australia's transit without visa (TWOV) arrangements. This instrument, which revokes a previous instrument (IMMI 14/029), identifies the countries whose citizens can transit Australia without a visa, provided they meet certain conditions such as holding a confirmed onward booking and staying within the transit lounge. The policy objective is to streamline the transit process for eligible passengers while maintaining border security. The instrument was developed following consultations with relevant government agencies and has been deemed exempt from disallowance, effective from 6 October 2014.
Scope and Application
This instrument pertains to the eligibility of transit passengers for a Special Purpose Visa to transit Australia, as specified under the Migration Regulations 1994. It revokes the previous instrument IMMI 14/029, and its primary purpose is to outline the specific countries whose citizens qualify for Australia's transit without visa (TWOV) arrangements. Eligible transit passengers must be citizens of an eligible country, hold a confirmed onward travel booking within eight hours, possess the necessary documentation to enter their destination country, and remain in the transit lounge throughout their stay. Diplomatic passport holders from most countries are also eligible, with some exceptions specified in the instrument. The instrument has been updated to include the Republic of Bulgaria and the Republic of Chile among the countries whose citizens can transit Australia without a visa. This instrument operates nationally and is subject to consultation with relevant federal agencies, including the Department of Foreign Affairs and Trade and the Australian Customs and Border Protection Service. As per the Legislative Instruments Act 2003, the instrument is exempt from disallowance, and a Regulatory Impact Statement is not required.
Key Provisions
The Migration Regulations 1994, as amended by IMMI 14/090 (F2014L01322), focus on the eligibility of transit passengers for a Special Purpose Visa, particularly under the transit without visa (TWOV) arrangements. Section 2.40(1)(n) of the Regulations outlines the criteria for these TWOV arrangements. Under this section, eligible transit passengers can transit Australia without a visa if they are citizens of a specified country, hold a confirmed onward booking to leave Australia within eight hours, possess necessary documentation for their destination, and remain in the transit lounge. Diplomatic passport holders from most countries are also included in this arrangement, with specific exclusions listed in the Instrument.
The Instrument imposes specific obligations on eligible transit passengers. They must ensure they are citizens of a country included in the TWOV list, hold a confirmed onward booking, and have documentation necessary for entering their destination country. Additionally, these passengers must remain in the transit lounge of the airport and adhere to the specified timeframe for their onward travel. The Instrument also mandates that diplomatic passport holders from most countries are eligible, with exceptions noted for certain countries.
Failure to comply with the requirements set out in the Instrument can lead to serious consequences. Transit passengers who do not meet the eligibility criteria or fail to adhere to the conditions of the TWOV arrangements may face civil or criminal penalties. While the exact penalties are not specified in the explanatory statement, breaches of migration regulations generally attract fines and, in severe cases, imprisonment. The Instrument, being exempt from disallowance under section 44 of the Legislative Instruments Act 2003, underscores the importance of strict compliance with its provisions.