EXPLANATORY STATEMENT
Migration Regulations 1994
SPECIFIED PLACE
(PARAGRAPH 2.04(3)(b) AND SUBPARAGRAPH 2.08AC(4)(a)(ii))
- This Instrument is made under paragraph 2.04(3)(b) and subparagraph 2.08AC(4)(a)(ii) of the Migration Regulations 1994 (‘the Regulations’).
2. Paragraph 2.04(3)(b) provides that a personal identifier is to be provided at a place specified by the Minister in an instrument in writing. This relates to the provision of personal identifiers for the purposes of paragraph 40(3)(a) and subsection 40(5) of the Migration Act 1958 (‘the Act’) in relation to circumstances for granting visas.
3. Subparagraph 2.08AC(4)(a)(ii) provides that a personal identifier is to be provided at a place specified by the Minister in an instrument in writing. Paragraph 2.08AC(4) relates to the provision of personal identifiers for the purposes of subsection 46(2C) of the Act in relation to valid visa applications.
4. The purpose of the instrument is to specify places where visa applicants (other than applicants for a bridging visa or a Witness Protection (Trafficking) (Permanent) (Class DH) visa) who are offshore are to provide personal identifiers, (other than by way of an identification test carried out by an authorised officer). Personal Identifier is defined in the Act at subsection 5A(1).
5. The effect of the Instrument is to specify places in Bangladesh, Zimbabwe, United Arab Emirates, Bahrain, Oman, Kuwait, Qatar, Saudi Arabia, Sri Lanka, Syria, Malaysia, Lebanon, Kenya, Jordan, France, Pakistan, Ghana and Ethiopia where personal identifiers are to be provided when required by an officer, for the purpose of assessing the validity of a visa application under subparagraph 2.08AC(4)(a)(ii) and for circumstances in which a visa may be granted under paragraph 2.04(3)(b). Specifically, this Instrument amends addresses for specified places in Lebanon and Dubai in the United Arab Emirates.
6. Consultation was not necessary as, under subsection 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. Under section 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.
8. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required (OBPR Reference 12114).
9. The Instrument, IMMI 12/043 commences on 15 May 2012.
Overview
The Migration Regulations 1994, enacted by the Australian Government, address the need for streamlined procedures in the provision of personal identifiers for visa applicants. This legislative instrument, specified in F2012L00919, aims to clarify the locations where offshore visa applicants must submit personal identifiers, excluding those applying for a bridging visa or a Witness Protection (Trafficking) (Permanent) (Class DH) visa. This amendment responds to the administrative requirements detailed in the Migration Act 1958, ensuring that visa applications are processed efficiently by designating particular locations in various countries for the submission of personal identifiers. The instrument, which comes into effect on 15 May 2012, is designed to enhance the operational aspects of visa processing without necessitating substantial changes to existing protocols or requiring consultation, as it is deemed minor in nature.
Scope and Application
The Migration Regulations 1994, as specified in the Explanatory Statement for Instrument F2012L00919, mandate the provision of personal identifiers for visa applicants who are offshore and not applying for a bridging visa or a Witness Protection (Trafficking) (Permanent) (Class DH) visa. This requirement applies to applicants in certain countries, including Bangladesh, Zimbabwe, the United Arab Emirates, Bahrain, Oman, Kuwait, Qatar, Saudi Arabia, Sri Lanka, Syria, Malaysia, Lebanon, Kenya, Jordan, France, Pakistan, Ghana, and Ethiopia. The specific purpose is to ensure that visa applicants provide personal identifiers at locations designated by the Minister for the purpose of assessing visa application validity and determining visa grant eligibility under the Migration Act 1958. The Instrument modifies the specified places in Lebanon and Dubai, United Arab Emirates, and comes into effect on 15 May 2012. Importantly, this regulation does not require consultation, a Human Rights Statement of Compatibility, or a Regulatory Impact Statement, as it is deemed of a minor or machinery nature under the Legislative Instruments Act 2003.
Key Provisions
The Migration Regulations 1994, specifically through the instrument F2012L00919, establish the requirement for personal identifiers to be provided at specific locations as detailed in the Regulations. According to paragraph 2.04(3)(b), a personal identifier must be provided at a place specified by the Minister. This is relevant for the granting of visas as per paragraph 40(3)(a) and subsection 40(5) of the Migration Act 1958. Similarly, subparagraph 2.08AC(4)(a)(ii) mandates that personal identifiers be provided at a specified location for the purposes of assessing the validity of a visa application under subsection 46(2C) of the Migration Act. These locations are determined by the Minister through written instruments and apply to visa applicants who are offshore and not applying for a bridging visa or a Witness Protection (Trafficking) (Permanent) (Class DH) visa.
The obligations imposed by this legislation require visa applicants to provide their personal identifiers at the designated places, ensuring that the process for assessing visa applications and granting visas is streamlined and accurate. These obligations extend to applicants in specified countries, including Bangladesh, Zimbabwe, the United Arab Emirates, Bahrain, Oman, Kuwait, Qatar, Saudi Arabia, Sri Lanka, Syria, Malaysia, Lebanon, Kenya, Jordan, France, Pakistan, Ghana, and Ethiopia. The locations for providing personal identifiers in Lebanon and Dubai have been amended as per this instrument. Visa applicants must comply with these requirements to facilitate their visa applications effectively.
Failure to comply with the provisions of the Migration Regulations 1994, as specified in the instrument F2012L00919, can result in various consequences. Although the legislation does not explicitly outline penalties, non-compliance with visa regulations can lead to the rejection of a visa application or the revocation of an issued visa. Such actions may have significant repercussions for the visa applicant, including delays or denials in their immigration process. The instrument, however, does not introduce new penalties but rather reinforces existing obligations to ensure the integrity of the visa application process.