Overview

The Migration Regulations 1994 were enacted to provide a framework for the administration of Australia's migration laws. The explanatory statement for the F2012L00682 instrument, made under the authority of paragraph 1402(3)(a) of the Regulations, highlights the need for certain humanitarian visa applications to be made at specified locations to streamline processing. This instrument mandates that applications for class XB humanitarian visas, when accompanied by a proposer form from a proposer in Australia, must be lodged in Australia, while also allowing those from outside Africa, the Middle East, Pakistan and Afghanistan to submit their applications at the NSW Offshore Humanitarian Processing Centre. The policy objective is to standardise the application process and enhance efficiency in handling these applications. The instrument does not require consultation or a Regulatory Impact Statement, as it is considered minor and machinery in nature with minimal compliance costs or impacts on business and individuals. The instrument, IMMI 12/012, commenced on 1 April 2012.

Scope and Application

The Migration Regulations 1994, as amended by this Instrument, mandate specific application procedures for humanitarian visas, particularly those under class XB, to ensure standardised and efficient global processing. This regulation applies to individuals lodging applications accompanied by a proposer form from a proposer in Australia, who may be Australian citizens, permanent residents, or organisations operating within Australia. The requirement for these applications to be made at designated locations, such as the NSW Offshore Humanitarian Processing Centre for certain non-African, Middle Eastern, Pakistani, and Afghani applicants, aims to streamline processing and facilitate better coordination of humanitarian visa applications. The regulation operates on a national level within Australia and extends its reach to include applicants residing in countries outside the specified regions, provided they meet the criteria for humanitarian visa applications. There are no exemptions or exclusions specified in this particular amendment, and the Instrument is of a minor or machinery nature, exempt from disallowance and not requiring a Human Rights Statement of Compatibility.

Key Provisions

The Migration Regulations 1994, as amended by instrument F2012L00682, contain several key provisions that dictate how humanitarian visa applications should be made by certain classes of persons. According to section 1402(3)(a), an application by a person included in a specified class of persons must be lodged by posting it to a designated post office box or delivering it via a specified courier service to an address set by the Minister (paragraph 2). The purpose of this requirement is to streamline and standardise global processing arrangements for these applications (paragraph 3). This legislation imposes specific obligations on applicants who need to submit their class XB humanitarian visa applications (form 842) in Australia. If the application is accompanied by a proposer form (form 681) from a proposer who is an Australian citizen, permanent resident, or an organisation operating within Australia, the application must be lodged in Australia (paragraph 4). Additionally, the amended regulations now allow individuals residing outside of Africa, the Middle East, Pakistan, and Afghanistan to submit their visa applications at the Department's NSW Offshore Humanitarian Processing Centre (paragraph 5). In terms of consequences for non-compliance, the regulations do not explicitly outline penalties or specific sanctions for breaches. However, the requirement to lodge applications at the specified locations is stringent, and failure to comply could result in the application being deemed invalid or not processed. The document states that consultation was deemed unnecessary as the changes are considered minor and do not substantially alter existing arrangements (paragraph 6). It also notes that because of the minor nature of the changes, a Regulatory Impact Statement and a Human Rights Statement of Compatibility were not required (paragraphs 7 and 8). The instrument, IMMI 12/012, came into effect on 1 April 2012 (paragraph 9).