Overview

The Migration Regulations 1994, as amended by Instrument F2014L01335, address a specific gap in the application of the subsequent temporary application charge for certain visa applicants. Enacted by the Australian government, this legislation seeks to alleviate financial burdens on students who encounter provider default, where an education provider can no longer offer a registered course. The policy objective is to support students affected by such circumstances by exempting them from the subsequent temporary application charge when they apply for specific temporary visas. This amendment ensures that students who were compelled to apply for a Student (Temporary) visa due to provider default are not subjected to additional charges when re-applying for particular temporary visa subclasses, thus fostering a more equitable environment for affected students.

Scope and Application

The instrument specifies certain visas that attract a subsequent temporary application charge under the Migration Regulations 1994. It applies to applicants for a temporary visa who have previously held a Student (Temporary) visa and were required to apply for it due to provider default, defined as the inability of an education provider to offer a registered course. The instrument exempts these applicants from paying the subsequent temporary application charge when they apply for specific temporary visa subclasses. The scope of the instrument is national, affecting individuals across Australia who meet the specified criteria. Subordinate instruments may further extend or restrict its application, though no such instruments are mentioned in the text. The instrument exempts the specified applicants from the charge for the listed temporary visa subclasses, but applicants for other visa subclasses or those not meeting the specified criteria may still be liable for the charge.

Key Provisions

The Migration Regulations 1994, as amended by Instrument IMMI 14/091, specify that certain applicants for a visa will be liable for a subsequent temporary application charge (paragraphs 2.12C(5)(a) and 2.12C(5)(c)). This charge is payable when an applicant lodges an application for a temporary visa in Australia. The specific visas that attract this charge are those identified in the instrument. Importantly, the instrument has been revised to exempt students who hold, or have held, a Student (Temporary) (Class TU) visa due to provider default from paying the subsequent temporary application charge when they apply for certain other temporary visas. These include, but are not limited to, Subclasses 401, 402, 416, 420, 457, 462, 570, 571, 572, 573, 574, 575, 576, 580, 600, and 676. This amendment ensures that students affected by provider default do not incur additional costs when they seek to apply for other temporary visas. Under the amended instrument, visa holders who apply for a subsequent temporary visa are required to pay the subsequent temporary application charge when they lodge the application in Australia. This requirement applies unless they fall under the exemption category mentioned above. The instrument outlines clearly which visas are subject to the charge and which are exempt, providing clarity and guidance to visa applicants. The instrument also details the process and the conditions under which the charge is applicable, ensuring that applicants are well-informed about their obligations. Failure to comply with the provisions of this instrument may result in penalties or other consequences, although specific offences and penalties are not detailed within the instrument itself. However, it is generally understood that non-compliance with visa application requirements can lead to various civil or criminal consequences, including visa cancellations, deportation, and potential fines. The exact penalties would depend on the nature and severity of the breach. Furthermore, the instrument is exempt from disallowance under section 44 of the Legislative Instruments Act 2003, and a Statement of Compatibility with Human Rights is not required. The instrument came into effect on 23 November 2014, and consultation with relevant departments and stakeholders was undertaken before its amendment.