Overview

The Migration Regulations 1994, as amended by the instrument F2009L04288, were enacted to address the need for a more streamlined process for the application of Tourist visas, specifically by enabling internet applications. This legislative instrument was introduced to allow the Minister to specify the classes of people who are eligible to apply for a Tourist visa over the internet, thereby facilitating access to internet lodgement facilities for certain categories of applicants. The instrument was developed following consultations with the Government of the Kingdom of Saudi Arabia to ensure accurate passport information was used in defining these eligible classes. The primary objective of this instrument is to extend internet application access to citizens of the Kingdom of Saudi Arabia, providing a more efficient and accessible pathway for eligible applicants to secure their Tourist visas.

Scope and Application

The Instrument IMMI 09/128, made under the Migration Regulations 1994, serves to specify which classes of individuals are eligible to apply for a Tourist visa via the internet. This legislative instrument operates by designating specific classes of persons, who can either be holders of particular passports or passport holders applying through approved travel agencies, that are permitted to use internet applications for Tourist visas. This specification is crucial as it delineates the boundary of who can access the internet lodgement facilities for visa applications, effectively excluding those who do not fall into the specified classes. Notably, the instrument extends internet application access to citizens of the Kingdom of Saudi Arabia, thereby facilitating a more streamlined process for these applicants. The instrument was developed following consultations with the Government of the Kingdom of Saudi Arabia to ensure accurate implementation and began operation on 21 November 2009.

Key Provisions

The primary operative sections of this legislation are found in the Migration Regulations 1994, specifically paragraph 1218(3)(d) (paragraph 2). This paragraph mandates that internet applications for Tourist visas can only be made by applicants who are part of a class of persons specified in a Gazette Notice. The explanatory statement further clarifies that the purpose of this Instrument, IMMI 09/128, is to allow the Minister to specify which classes of people may apply for a Tourist visa over the internet (paragraph 3). The Instrument achieves this by detailing the classes of persons eligible to apply for Tourist visas via the internet, which are defined as holders of specified passports or holders of specified passports applying through approved travel agencies (paragraph 4). Those who do not fall into a class specified in the Instrument are not granted lawful access to internet lodgement facilities. The obligations imposed by this legislation primarily rest on the Minister, who is tasked with specifying the classes of persons eligible for internet applications for Tourist visas (paragraph 3). This involves defining the eligible classes, which can be based on passport holders or passport holders applying through approved travel agencies (paragraph 4). Additionally, the Instrument extends access to internet applications to citizens of the Kingdom of Saudi Arabia. Consultation with the Government of the Kingdom of Saudi Arabia was conducted to gather necessary passport information to facilitate the implementation of internet lodgement of tourist visas (paragraph 5). The consequences for breach of this legislation are not explicitly stated within the provided text. However, given that the Regulations are a key component, any failure to comply with the specified classes for internet applications may result in penalties as outlined in the Migration Regulations 1994. Typically, breaches of migration regulations can lead to civil or criminal penalties, including fines or imprisonment, depending on the severity of the breach. The specific penalties would be determined in accordance with the broader legislative framework governing the Regulations. The Instrument itself commences on 21 November 2009 (paragraph 6).