Migration Regulations 1994 - Specification under paragraph 406.111(d) - Specifying Agreements or Arrangements which are not Relevant Agreements for the purposes of Government Agreement Visa - September 2009

Overview

The instrument IMMI 09/103, enacted in 2009, provides a specification under the Migration Regulations 1994 to clarify which agreements or arrangements do not qualify as relevant agreements for the purposes of granting a Subclass 406 (Government Agreement) visa. This legislation was introduced to address the need for clear guidelines on the types of agreements that are not relevant for visa purposes, thereby ensuring that the process for granting these visas is consistent and transparent. The instrument was made under the authority of the Minister for Immigration and Citizenship, reflecting the policy objective to maintain existing arrangements and avoid unnecessary consultations as the changes are intended to preserve the status quo. The explanatory statement highlights that the Migration Regulations 1994, which form the legislative framework for this instrument, were developed in consultation with the Department of Foreign Affairs and Trade. The purpose of IMMI 09/103 is to specify agreements or arrangements that do not meet the criteria for being considered relevant agreements, thus assisting in the proper administration of government agreement visas. This instrument commenced on 14 September 2009, reinforcing the need for precise legislative direction in the management of migration agreements.

Scope and Application

The Migration Regulations 1994, as specified by the instrument IMMI 09/103, apply to the scope of agreements or arrangements that are deemed irrelevant for the purposes of granting a Subclass 406 (Government Agreement) visa. This legislative instrument is designed to clarify which types of agreements or arrangements do not qualify as relevant agreements, thereby assisting in the administration of the visa category and ensuring compliance with the intended legislative framework. The instrument is crafted under the authority vested in paragraph 406.111(d) of Schedule 1 of the Regulations, and its purpose is to explicitly define the parameters of what constitutes a non-relevant agreement. The jurisdictional reach of this regulation is national, as it pertains to the overarching Migration Regulations 1994, which govern migration matters throughout Australia. The instrument does not extend its application beyond the scope specified, ensuring clarity and precision in the identification of irrelevant agreements for visa purposes.

Key Provisions

The Migration Regulations 1994 (the Regulations) empower the Minister to specify, in a written instrument, that certain agreements or arrangements do not qualify as relevant agreements for the purposes of granting a Subclass 406 (Government Agreement) visa (section 406.111(d)). The Explanatory Statement for IMMI 09/103 details the instrument made under this provision. This instrument aims to clarify which agreements or arrangements are excluded from being considered relevant agreements when assessing applications for a Subclass 406 visa. The instrument, IMMI 09/103, specifies that certain agreements or arrangements, or types thereof, will not be regarded as relevant agreements for the purposes of the visa. This instrument, made to preserve existing arrangements, came into effect on 14 September 2009. Entities and individuals subject to the Regulations, particularly those involved in processing visa applications under Subclass 406, must adhere to the specifications outlined in IMMI 09/103. They must ensure that the agreements or arrangements considered in visa applications are evaluated in line with the instrument’s stipulations. This includes verifying that the agreements or arrangements do not fall within the categories specified in IMMI 09/103 as not being relevant agreements. This obligation ensures that the visa process remains consistent with the intended legislative framework and policy objectives. Under the Migration Regulations 1994, failure to comply with the provisions of IMMI 09/103 could potentially lead to incorrect assessments of visa applications. Although specific offences, penalties, or consequences for non-compliance are not detailed in the Explanatory Statement, any breach of the Regulations could result in the visa application being assessed incorrectly, potentially leading to refusal or revocation of the visa. The consequences for such errors could include the administrative and reputational impacts on the visa applicant, as well as potential legal ramifications for the entity or individual responsible for the incorrect assessment.