Overview

The Migration Regulations 1994, as amended by F2009L04484, address the issue of how visa application charges and fees can be paid in foreign currencies for individuals applying for a visa outside Australia. This legislative instrument was introduced to provide clarity and guidance to offshore clients on the equivalent amounts they need to pay in their local currency when applying for a visa. The instrument was enacted under the authority of the Legislative Instruments Act 2003 and specifies the foreign currency amounts corresponding to Australian dollar fees, thus facilitating the payment process for international applicants. The policy objective is to streamline the visa application process for non-residents by ensuring they have accurate information on fee payments in their local currency. The instrument, IMMI 09/100, came into effect on 1 January 2010, providing a clear framework for the payment of visa application charges in foreign currencies.

Scope and Application

The Migration Regulations 1994, as amended by the legislative instrument IMMI 09/100, apply to individuals or entities making visa application charges and fees in foreign currencies when applying for a visa to enter Australia from a country outside Australia and its external territories. The Regulations specify the amounts in foreign currencies that correspond to the amounts payable in Australian dollars, facilitating clarity and compliance for offshore clients. This regulation does not substantially alter existing arrangements and is considered a machinery instrument, hence consultations were deemed unnecessary or inappropriate under section 18 of the Legislative Instruments Act 2003. The specified amounts in foreign currencies commence from 1 January 2010, ensuring that applicants are aware of the exact equivalent in their local currency for the prescribed visa application charges and fees.

Key Provisions

The Migration Regulations 1994, as amended by this Instrument, introduce provisions that allow for the specification of visa application charges in foreign currencies for individuals applying for a visa outside Australia and its external territories. This specification is made under paragraph 5.36(1A)(a) of the Regulations and is detailed in the explanatory statement, which clarifies that the corresponding amounts in local currency should be paid when applying for a visa. This means that applicants can now be informed of the exact amount they need to pay in their local currency, making the application process more transparent and accessible. The primary obligation imposed on applicants by this regulation is to ensure they pay the specified amount in their local currency as indicated by the Gazette Notice. This requirement ensures that applicants have clear and precise information regarding the fees they need to pay, thus facilitating the visa application process. Additionally, the Department of Immigration and Citizenship (DIAC) is obligated to update and communicate these currency specifications accurately to all offshore clients. This ensures that applicants are not left guessing about the exact fees they need to pay and can plan their applications accordingly. Failing to pay the specified amount in the correct currency could potentially result in the application being deemed incomplete or invalid. However, the explanatory statement does not explicitly outline specific offences, penalties, or civil/criminal consequences for such breaches. The exact repercussions would depend on the interpretation of the Regulations by the authorities and the circumstances of the individual case. Given that the Instrument is considered of a machinery nature and does not substantially alter existing arrangements, it is likely that any consequences would be administrative in nature, such as requiring resubmission of the application with the correct payment. The regulation came into effect on 1 January 2010, with the aim of providing clarity and ease of application for offshore clients.