EXPLANATORY STATEMENT
Migration Regulations 1994
TRANSIT PASSENGERS WHO ARE ELIGIBLE FOR A SPECIAL PURPOSE VISA (PARAGRAPH 2.40(1)(n))
- This instrument is made under paragraph 2.40(1)(n) of the Migration Regulations 1994 (‘the Regulations’).
2. Paragraph 2.40(1)(n) of the Regulations provides that transit passengers who belong to a class of persons specified by Gazette Notice are prescribed as having a Special Purpose Visa for the purposes of paragraph 33(2)(a) of the Act.
3. The purpose of the instrument is to revoke the instrument signed by Hon. Amanda Vanstone on 13 October 2005 and specify the list of countries whose citizens are transit passengers for the purposes of paragraph 2.40(1)(n), specifically to include citizens of the United Arab Emirates in the class of persons specified.
4. The instrument operates to specify the countries whose citizens are eligible to access Australia’s transit without visa (TWOV) arrangements. Transit passengers from these countries are able to access the TWOV arrangements provided they are from an eligible country, hold a confirmed onward booking to leave Australia to travel to a third country on the same or another aircraft within 8 hours of their arrival in Australia, hold documentation necessary to enter the country of their destination, and remain in the transit lounge. Diplomatic passport holders from most countries are also eligible to access Australia’s TWOV arrangements. However the TWOV list also sets out those countries whose diplomatic passport holders are not able to access the TWOV arrangements.
5. The instrument amends Attachment A to add the United Arab Emirates to the list of countries eligible to transit Australia without a visa.
6. Specific consultation was undertaken before the Instrument was made as follows:
- The Australian Security Intelligence Organisation
- The Australia Federal Police
7. The Instrument, IMMI 09/064, commences on the day after registration on the Federal Register of Legislative Instruments.