Overview

The Migration Regulations 1994, as amended by F2013L01047, address the need to clarify which visas attract a subsequent temporary application charge and which circumstances make applicants liable for such charges. This legislative instrument, made under the authority of the Migration Act 1958, was enacted to implement the Visa Pricing Transformation (VPT) project, which arose from the comprehensive review of Australia’s visa arrangements in 2011. The objective is to specify the temporary visas subject to a subsequent application charge and to outline the visa holding conditions necessary for imposing this charge on applicants lodging their applications within Australia. The policy objective of this instrument is to streamline and modernise the visa application process, ensuring it aligns with contemporary economic and administrative requirements while maintaining effective oversight of immigration activities.

Scope and Application

The Migration Regulations 1994 (Subregulation 2.12C(5)) specify that certain visa applicants must pay a subsequent temporary application charge if they are applying for a visa listed by the Minister in a written instrument. This regulation is designed to address the financial implications of multiple visa applications by requiring applicants who hold or have previously held specified visas to pay a charge when they apply for a subsequent temporary visa while in Australia. The regulation is part of the Visa Pricing Transformation project, which was initiated following a 2011 review of Australia's visa arrangements and involves consultation with various government agencies and stakeholders. The regulation exempts the instrument from disallowance under section 44 of the Legislative Instruments Act 2003, thus a Human Rights Statement of Compatibility is not required. The specified visas that attract the subsequent temporary application charge are detailed in the instrument IMMI 13/068, which commenced on 1 July 2013, following the Migration Amendment (Visa Application Charge and Related Matters) Regulation 2013.

Key Provisions

The Migration Regulations 1994, as amended, establish the framework for visa applications in Australia, including the imposition of a subsequent temporary application charge for certain visas. Section 2.12C(5)(a) of the Regulations specifies that a subsequent temporary application charge is payable by an applicant if the visa type is identified in a written instrument by the Minister (paragraph 2.12C(5)(a)). The legislative instrument in question, made under subregulation 2.12C(5) of the Regulations, serves to outline the specific visa types that attract this charge, as well as the conditions under which visa holders are liable for it when applying for subsequent temporary visas while in Australia (paragraphs 2 and 4). This initiative is a component of the broader Visa Pricing Transformation (VPT) project, which followed a review of Australia's visa arrangements in 2011, aimed at refining and modernising the visa application fee structure (paragraph 4). The legislative instrument imposes obligations on visa holders who apply for subsequent temporary visas. Specifically, if a visa holder is applying for a visa that has been designated by the Minister as attracting a subsequent temporary application charge, they must pay this charge when lodging their application in Australia (paragraph 4). This requirement is intended to ensure that applicants contribute to the costs associated with processing their visa applications. Additionally, the legislation provides clarity to applicants regarding the fees they are liable to pay, thereby assisting in the transparent and efficient administration of the visa application process. The legislative instrument also delineates the potential consequences for non-compliance with the specified requirements. While the explanatory statement does not explicitly detail criminal or civil penalties for breach, it is implicit that failure to pay the subsequent temporary application charge when required could result in the refusal of the visa application or other administrative consequences. The specific legal ramifications of non-payment are not outlined within the provided text, but generally, non-compliance with visa application requirements can lead to significant legal and administrative penalties, including visa cancellation or deportation for those already holding a visa. The legislation operates under certain legal frameworks that exempt it from certain regulatory processes. Under section 44 of the Legislative Instruments Act 2003, the instrument is exempt from disallowance, and thus, a Human Rights Statement of Compatibility is not required (paragraph 7). Furthermore, the Office of Best Practice Regulation has determined that a Regulatory Impact Statement is not necessary for this instrument (paragraph 6). This indicates that the legislative measures were deemed to have minimal impact on stakeholders and comply with existing legislative and administrative standards without necessitating extensive regulatory scrutiny.