EXPLANATORY STATEMENT
Migration Regulations 1994
MAKING AN APPLICATION FOR A HUMANITARIAN VISA
CLASSES OF PERSONS AND ADDRESSES
(PARAGRAPH 1402(3)(a))
- This Instrument is made under paragraph 1402(3)(a) of the Migration Regulations 1994 (‘the Regulations’).
2. Paragraph 1402(3)(a) of the Regulations provides that an application by a person included in a class of persons specified in a Gazette Notice must be made by posting the application to the post office box address specified by the Minister or having the application delivered by a courier service to the address specified by the Minister.
3. The purpose of the Instrument is to require certain applications to be made in a designated place in order to standardise and streamline global processing arrangements.
4. The Instrument operates to require all persons to lodge their class XB humanitarian visa applications (form 842) in Australia where those applications are accompanied by a proposer form (form 681) from a proposer in Australia. Proposers are Australian citizens, permanent residents or organisations operating in Australia.
5. The Instrument has been amended to expand the current arrangements to include provision for persons residing in countries outside of Africa, the Middle East, Pakistan and Afghanistan to lodge their visa application at the department’s NSW Offshore Humanitarian Processing Centre.
6. Consultation is unnecessary as, under section 18(1) of the Legislative Instruments Act 2003, the Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
7. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required because there is little or no compliance cost on business and no other impacts on business and individuals or on the economy or on competition (OBPR reference number 13403).
8. Under subsection 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.
9. The instrument, IMMI 12/012, commences on 1 April 2012.