Overview

The Explanatory Statement for the Migration Regulations 1994, instrument IMMI 09/115, was enacted in 2009 to address a specific gap in the visa application process for tourists. This instrument was made under the authority granted by paragraph 1218(3)(d) of the Migration Regulations 1994, enabling the Minister to specify classes of persons eligible to apply for Tourist visas via the internet. The key objective of this instrument was to broaden access to internet-based visa applications, particularly for citizens of the Kingdom of Saudi Arabia. The instrument functions by defining eligible classes based on specified passports or those who apply through approved travel agencies, thus ensuring that only individuals within these specified classes can lawfully use internet lodgement facilities. This legislative change was implemented following consultation with the Government of the Kingdom of Saudi Arabia to incorporate passport information necessary for the effective operation of the internet application process.

Scope and Application

The IMMI 09/115 Instrument made under the Migration Regulations 1994 is designed to specify the classes of persons eligible to apply for Tourist visas over the internet. The primary purpose of this Instrument is to empower the Minister to determine which classes of individuals may access internet applications for Tourist visas. Eligibility is defined by the Instrument as either being holders of specified passports or as holders of specified passports who apply through approved travel agencies. Any individuals not within these specified classes are not granted lawful access to internet lodgement facilities for Tourist visas. This Instrument notably extends internet application access to citizens of the Kingdom of Saudi Arabia, among other specified classes. The Instrument operates by explicitly listing the classes of eligible applicants and comes into effect on 9 November 2009. Prior to its creation, consultation was conducted with the Government of the Kingdom of Saudi Arabia to gather necessary passport information for implementing internet lodgement of tourist visas.

Key Provisions

The primary operative sections of this legislation are paragraph 1218(3)(d) of the Migration Regulations 1994 and IMMI 09/115. The former regulation (paragraph 1218(3)(d)) stipulates that internet applications for Tourist visas can only be made by individuals who are part of a class of persons specified in a Gazette Notice. The latter, IMMI 09/115, serves to detail which specific classes of people are eligible to apply for a Tourist visa over the internet, extending this ability to citizens of the Kingdom of Saudi Arabia, among others. This instrument operates by defining eligible classes of persons either as holders of specified passports or as passport holders who apply through approved travel agencies, ensuring that those outside these specified classes cannot access internet lodgement facilities for Tourist visas. The Act imposes clear obligations and requirements on parties seeking to apply for a Tourist visa over the internet. It mandates that applicants must fall within the specified classes outlined in the Gazette Notice and the instrument, which means they must either hold a specified passport or, if applicable, apply through an approved travel agency. This requirement ensures that only eligible individuals can use internet applications for Tourist visas, maintaining the integrity of the visa application process. Furthermore, it necessitates consultation with relevant governments, such as the Kingdom of Saudi Arabia, to gather necessary passport information and implement the internet lodgement of tourist visas effectively. Breaches of the requirements stipulated in this legislation can result in significant consequences. While the explanatory statement does not explicitly detail specific offences or penalties, it is clear that failure to comply with the specified classes for internet applications could lead to denial of access to internet lodgement facilities for Tourist visas. This means that applicants who do not meet the criteria set forth in the Gazette Notice and the instrument would be unable to apply for a Tourist visa online. Although the statement does not provide maximum penalties, it is implied that non-compliance with these regulations could impact the legality and processing of visa applications.