Overview

The instrument, F2012L01170, made under the Migration Regulations 1994, aims to address the eligibility criteria for transit passengers seeking to enter Australia without a visa. This regulation was introduced to specify the countries whose citizens can access Australia’s transit without visa (TWOV) arrangements, thereby ensuring that transit passengers from these countries, holding a confirmed onward booking and necessary documentation, can remain in the transit lounge. The instrument specifically amends the list to include citizens of Oman, thus expanding the eligibility for the TWOV scheme. This legislative update reflects consultation with various government departments and agencies, ensuring that the changes align with Australia’s immigration and security protocols. The instrument, IMMI 12/072, commenced on 8 June 2012, providing a clear framework for transit passengers from specified countries to benefit from streamlined transit procedures.

Scope and Application

The instrument, titled "Explanatory Statement: Migration Regulations 1994 Transit Passengers Who Are Eligible for a Special Purpose Visa," pertains to transit passengers who are eligible for a Special Purpose Visa under the Migration Regulations 1994. Specifically, it revokes Instrument IMMI 09/064 and updates the list of countries whose citizens are eligible for Australia's transit without visa (TWOV) arrangements. This includes the addition of Oman to the list of eligible countries, thereby enabling their citizens to transit through Australia without a visa provided they meet certain conditions such as holding a confirmed onward booking and remaining in the transit lounge. The instrument specifies the requirements for eligibility and clarifies that diplomatic passport holders from most countries are eligible for the TWOV arrangements, with exceptions noted for certain countries. The instrument is made under the authority of the Migration Regulations 1994 and commenced on 8 June 2012, with consultation undertaken with relevant government departments and agencies prior to its enactment.

Key Provisions

The Migration Regulations 1994 (the Regulations) have been amended by Instrument IMMI 12/072 to include citizens of Oman in the class of persons eligible for a Special Purpose Visa as transit passengers. This amendment is made under paragraph 2.40(1)(n) of the Regulations, which specifies that transit passengers who belong to a class of persons specified by Gazette Notice are prescribed as having a Special Purpose Visa (section 2). Specifically, this instrument revokes the previous Instrument IMMI 09/064 dated 4 February 2010 and updates the list of eligible countries under the transit without visa (TWOV) arrangements (section 3). The TWOV arrangements allow eligible transit passengers to enter Australia without a visa, provided they meet certain conditions, such as holding a confirmed onward booking, having necessary documentation for their destination country, and remaining in the transit lounge (section 4). The obligations imposed on parties by this instrument include ensuring that citizens of Oman, as well as citizens of other listed countries, meet the specified conditions to access the TWOV arrangements. Eligible transit passengers must hold a confirmed onward booking to leave Australia to travel to a third country within 8 hours of their arrival and must remain in the transit lounge of the airport (section 4). Diplomatic passport holders from most countries are also eligible to access these arrangements, although there are exceptions outlined in the TWOV list (section 4). Failure to comply with the conditions set out in the TWOV arrangements could lead to civil or criminal consequences. However, the explanatory statement does not specify the exact nature of these consequences. It is important to note that the instrument is exempt from disallowance under section 44 of the Legislative Instruments Act 2003, and as such, a Human Rights Statement of Compatibility is not required (section 8). The instrument, IMMI 12/072, came into effect on 8 June 2012 (section 9).