Overview

The Migration Regulations 1994, amended by the legislative instrument F2010L03323, address the need to specify the conversion rates for visa application charges and fees paid in foreign currencies when applying for a visa to enter Australia. This Instrument revokes previous instruments, IMMI 10/020, and its amendment, IMMI 10/020, both dated 1 June 2010 and 16 June 2010 respectively. Enacted by the Australian Government, this legislative instrument aims to streamline the process of converting Australian dollar amounts into foreign currency equivalents for visa application charges, thereby ensuring clarity and consistency for applicants. Given its minor nature, consultation was deemed unnecessary, and a Regulatory Impact Statement was not required as the change imposes little to no compliance cost or other significant impacts on businesses or individuals. This amendment commences on 1 January 2011, providing a clear and effective means of processing visa applications in foreign currencies.

Scope and Application

The explanatory statement details a legislative instrument under the Migration Regulations 1994, specifically addressing the payment of visa application charges and fees in foreign currencies. This instrument specifies the amounts in foreign currencies that correspond to the prescribed fees in Australian dollars, which applies to individuals and entities seeking to apply for a visa to enter Australia. The application of this instrument is national, operating within the Commonwealth's jurisdiction. It replaces previous instruments that had specified these fees, ensuring that the payment process is streamlined and clear. Notably, the instrument does not extend to any exemptions or exclusions as it universally applies to all visa applicants who choose to pay in foreign currency. Furthermore, the instrument does not significantly alter existing arrangements and is classified as minor, thereby not necessitating extensive consultation or a Regulatory Impact Statement. The instrument, numbered IMMI 10/065, officially took effect on 1 January 2011.

Key Provisions

The key provisions of the Instrument, IMMI 10/065, pertain to the payment of visa application charges and fees in foreign currencies, as specified under paragraph 5.36(1A)(a) of the Migration Regulations 1994 (paragraph 2). This Instrument revokes previous instruments, IMMI 10/020, signed on 1 June 2010, and its amendment signed on 16 June 2010, to ensure that the most current foreign currency amounts are applied for visa application charges. This update is necessary to specify the amounts in foreign currencies that correspond to the Australian dollar amounts payable for visa fees (paragraph 4). The obligations imposed by this Instrument on the parties or entities it governs include ensuring that applicants for a visa to enter Australia pay the correct amount in foreign currency as specified. This is to maintain consistency and accuracy in the application process, ensuring that the fees and charges are aligned with the Australian dollar equivalents (paragraph 5). The Instrument requires visa applicants to pay the specified amounts in foreign currencies, which should correspond to the Australian dollar fees as listed in the Gazette Notice. This ensures a standardised and transparent fee structure for applicants, regardless of their location or the currency they are using. The consequences for breach of these provisions include the potential for non-compliance with the specified currency amounts, which could lead to delays or refusals in the visa application process. While specific penalties are not detailed in the explanatory statement, it is implied that adherence to the specified amounts is mandatory. Non-compliance could result in administrative consequences, such as the need to resubmit applications with the correct fees, or, in severe cases, denial of the visa application. The legislative framework and associated regulations provide for appropriate measures to be taken in cases of non-compliance to ensure the integrity of the visa application process.