Overview

The Migration Regulations 1994, amended by Instrument F2012L00091, was enacted to address the need for specifying the classes of individuals eligible to apply for a Tourist visa (Subclass 676) through the internet. This regulation was introduced under paragraph 1218(3)(d) of the Migration Regulations 1994 by the Australian government, with the primary objective of clearly defining the eligibility criteria for internet-based visa applications. By specifying these classes, the regulation aims to streamline the application process and ensure that only eligible applicants, such as holders of specified passports or those applying through approved travel agencies, can submit their applications online. The Instrument, which includes the addition of citizens of Argentina and Brazil as eligible classes, was deemed of minor or machinery nature, thus exempt from disallowance and not requiring a Human Rights Statement of Compatibility or a Regulatory Impact Statement. This amendment came into effect on 15 February 2012.

Scope and Application

The Migration Regulations 1994, as amended by the instrument F2012L00091, apply to the class of individuals eligible to submit an internet application for a Tourist visa (subclass 676). Specifically, this regulation defines which passport holders can make an online application for a Tourist visa through form 48 (Internet), thereby determining the scope of the class of persons eligible to apply. This instrument operates to specify particular classes of people who are eligible to apply for a Tourist visa online, such as holders of specified passports or those who apply via approved travel agencies. It is notable that the instrument has been amended to include citizens of Argentina and Brazil as eligible applicants under this regulation. The instrument operates on a Commonwealth level and applies to any person or entity involved in the application process for a Tourist visa within the specified classes. The instrument does not require consultation, a Human Rights Statement of Compatibility, or a Regulatory Impact Statement, as it is of a minor or machinery nature and does not substantially alter existing arrangements. The changes to the regulation came into effect on 15 February 2012.

Key Provisions

The Migration Regulations 1994, as amended by this Instrument, specifically address internet applications for Tourist visas under paragraph 1218(3)(d). This paragraph mandates that internet applications can only be made by individuals who belong to specific classes of persons, as specified in the written instrument. The main operative section of this Instrument, paragraph 1218(3)(d), identifies the eligibility criteria for making a Tourist visa application via the internet. Essentially, applicants must be in a class of persons specified in this written instrument, which includes holders of certain passports or passport holders applying through approved travel agencies. The inclusion of citizens from Argentina and Brazil as eligible applicants marks a specific amendment to this paragraph. The obligations imposed by the Act on the parties or entities it governs are primarily related to the application process for Tourist visas. Eligible applicants, such as holders of specified passports or those applying through approved travel agencies, must ensure they fall within the defined classes before lodging their applications online. Conversely, any applicants not meeting the criteria specified in this Instrument are not permitted to submit their Tourist visa applications via the internet. This means that all applicants must verify their eligibility by checking if they belong to one of the specified classes before proceeding with their application on form 48 (Internet). Failure to comply with the requirements set out in this Instrument can lead to various consequences. Any person who submits an internet application for a Tourist visa without meeting the specified class criteria could face penalties. Although the precise nature of these penalties is not detailed in the Instrument, it is generally understood that such non-compliance could result in the application being deemed invalid. In more severe cases, persistent or deliberate non-compliance might attract criminal or civil consequences, although the exact penalties are not stipulated in the text provided. The overarching principle is that adherence to the specified class criteria is mandatory for a valid Tourist visa application via the internet.