Overview

The Migration Regulations 1994, as specified in the instrument F2011L02242, aim to address the issue of ensuring that certain health care and community services are not considered when assessing temporary visa applicants under specific subclauses. Enacted by the Minister, the policy objective is to exclude the consideration of these services for applicants seeking a temporary visa that is not explicitly listed in the instrument. This approach ensures that the assessment process appropriately reflects the services that applicants would realistically be able to access while in Australia. The instrument was made without the need for consultation as it is deemed minor and does not substantially alter existing arrangements. Furthermore, the Office of Best Practice Regulation has confirmed that a Regulatory Impact Statement is not required. This legislative instrument, identified as IMMI 11/073, came into effect on 5 November 2011, following the commencement of the Migration Amendment Regulations 2011 (No. 6).

Scope and Application

The Migration Regulations 1994, as specified in this Instrument, pertain to the assessment of applicants for temporary visas in relation to their access to health care and community services. The Instrument clarifies that certain health care and community services, as specified by the Minister in writing, are excluded from the criteria when assessing an applicant's eligibility under sub-subparagraphs 4005(1)(c)(ii)(A), 4006A(1B), and 4007(1B). These services are those that a temporary visa applicant would be unlikely to access during their stay in Australia. The regulation ensures that Medical Officers of the Commonwealth do not consider these specified services when evaluating an applicant's visa application. This regulatory approach is designed to streamline the visa assessment process by excluding services that are not realistically accessible to temporary visa holders. The Instrument, which is of a minor and machinery nature, commenced on 5 November 2011, following the Migration Amendment Regulations 2011 (No. 6).

Key Provisions

The Migration Regulations 1994 (the Regulations) specify certain health care and community services that are not to be considered when assessing an applicant for a temporary visa under sections 4005(3), 4006A(1B) and 4007(1B) (paragraph 3). This is achieved through an instrument made in writing by the Minister, which lists the services that are excluded from the assessment criteria (paragraph 4). The purpose of this legislative instrument is to ensure that a Medical Officer of the Commonwealth does not consider these specified services when evaluating an applicant under sections 4005(1)(c)(ii), 4006A, and 4007 (paragraph 3). These listed services are those that a temporary visa applicant would be unlikely to access while in Australia (paragraph 4). The obligations imposed by the Regulations on parties or entities include ensuring that the listed health care and community services are not taken into account during the assessment process for temporary visa applicants. This means that the services specified in the instrument are effectively disregarded when determining whether an applicant meets the health and community service requirements set out in the Regulations (paragraphs 3 and 4). The regulations aim to streamline the visa assessment process by excluding services that applicants would not realistically be able to access during their stay in Australia. There are no explicit offences or penalties stated in the Regulations or the explanatory statement for breaches of these provisions (paragraph 5). However, failure to comply with the specified criteria could result in the denial of a visa, as the listed health care and community services would not be considered in the assessment. The consequences of non-compliance are therefore primarily related to the potential denial of a visa rather than a specific fine or penalty. As the instrument is of a minor or machinery nature and does not substantially alter existing arrangements, there are no additional civil or criminal consequences outlined in the explanatory statement (paragraph 5).