Overview

The Explanatory Statement for Instrument F2011L01836 outlines the legislative changes made under paragraph 1218(3)(d) of the Migration Regulations 1994. This Instrument was enacted to allow the Delegate to specify which classes of people are eligible to make an application for a Tourist visa (Subclass 676) via the internet. The objective is to facilitate the internet application process for eligible classes of persons by identifying specific passport holders or those applying through approved travel agencies. This Instrument extends eligibility to internet applications for citizens of Chile and to citizens of Turkey holding Diplomatic, Service, or Special passports, thereby expanding access to online visa applications. The commencement date for this Instrument is 20 September 2011.

Scope and Application

The Instrument, IMMI 11/055, made under the Migration Regulations 1994, pertains specifically to the eligibility of certain classes of persons to apply for a Tourist visa (subclass 676) over the internet. This regulation allows the Delegate to specify which classes of individuals are eligible to make such applications via the internet, using form 48. Eligible applicants include holders of specified passports or those who apply through approved travel agencies, with the current Instrument extending eligibility to citizens of Chile and to citizens of Turkey holding Diplomatic, Service, or Special passports. The regulation does not apply to those who do not meet the specified criteria, meaning they cannot use the internet to lodge a valid application for a Tourist visa. Given its nature, the Instrument is classified as minor or machinery, exempting it from extensive consultation requirements and the need for a Regulatory Impact Statement. It took effect from 20 September 2011.

Key Provisions

The primary operative sections of this legislation are found in Paragraph 1218(3)(d) of the Migration Regulations 1994, which allows for the specification of classes of persons eligible to apply for a Tourist visa online. Specifically, section 2 of the Explanatory Statement clarifies that internet applications for Tourist visas are permissible only for those who are within the specified classes outlined in the instrument. Section 4 further defines these classes, including holders of specified passports or those applying through approved travel agencies. Additionally, section 5 extends eligibility to citizens of Chile and Turkey holding Diplomatic, Service, or Special passports. These provisions are intended to streamline the application process for eligible applicants while maintaining control over who can apply online. The obligations imposed by this Act are primarily on the Department of Home Affairs, which is tasked with specifying the eligible classes of persons who can apply for a Tourist visa over the internet. This is achieved through the issuance of the legislative instrument, IMMI 11/055, which clearly outlines which passport holders and travel arrangements are permitted to use the online application facilities. For applicants, the obligation is to ensure they fall within one of the specified classes as defined by the instrument to lodge a valid application. Failure to meet these criteria would mean that an application made via the internet would not be considered valid. Breaches of the conditions set out in this legislation could lead to significant consequences. For instance, if an individual who does not fall within the specified classes attempts to apply for a Tourist visa online, their application would be deemed invalid. There are no explicit criminal penalties mentioned in the Explanatory Statement; however, the failure to adhere to the specified application processes could result in the refusal of a visa application or other administrative consequences. Additionally, the Department of Home Affairs could face scrutiny or legal challenges if it is found that they have incorrectly specified or failed to specify the eligible classes of persons, potentially leading to procedural reviews or adjustments to the legislative instrument.