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).
6. Consultation was undertaken before the Instrument was made with the following (but not limited to) organisations: the Department of Foreign Affairs and Trade, the Department of Prime Minister and Cabinet, and the Attorney-General’s Department
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 11/091 commences on 15 February 2012.