IMMI 11/078
EXPLANATORY STATEMENT
Migration Regulations 1994
CLASS OF PERSONS
(PARAGRAPHS 050.613A(1)(b) and 051.611A(1)(c))
- This Instrument is made under paragraphs 050.613A(1)(b) and 051.611A(1)(c) in Schedule 2 to the Migration Regulations 1994 (“the Regulations”).
2. Clauses 050.613A and 051.611A of the Regulations provide for the imposition of condition 8101 (a ‘no work’ condition) on Bridging E (Class WE) visas for people who have applied for Protection Visas. Condition 8101 would not be applied to the classes of persons specified by the Minister by instrument in writing under paragraphs 050.613A(1)(b) or 051.611A(1)(c). No Classes of persons were prescribed under those paragraphs.
3. The purpose of the Instrument is to allow the Minister to specify classes of people, the consequence of which would be that they will not be subject to condition 8101.
4. The instrument operates to make the imposition of work rights discretionary for persons granted a Subclass 050 or Subclass 051 (Bridging Visa) BVE in association with a Protection Visa under s195A of the Act. Currently condition 8101 is mandatory when conditions are imposed under clause 050.613A and 051.611A. Therefore it is necessary to specify the cohort as a class of persons in an instrument for the purposes of paragraph 050.613A(1)(b). This will mean that paragraphs 050.613A(1)(b) and 051.611A(1)(c) no longer apply and clauses 050.617 and 051.612 would operate instead.
5. Under subsection 44 of the Legislative Instruments Act 2003 the Instrument is exempt from disallowance and therefore a Human Rights Statement of Compatibility is not required.
6. Consultation is unnecessary as, under section 18(1) of the Legislative Instruments Act 2003, the Instrument is of a minor or machinery nature and does not substantially alter existing arrangements.
7. The Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required. (OBPR Ref: 13256)
8. The Instrument, IMMI 11/078, commences on 24 March 2012.