Overview

The Migration Regulations 1994, specified by Instrument IMMI 11/018, was enacted to address the difficulties faced by some visa applicants in accessing traditional application methods, particularly the internet or departmental offices. This legislative instrument, introduced by the Minister under subregulation 2.09(3) of the Migration Regulations 1994, aims to support those clients who are unable or unwilling to use the internet or face challenges in physically attending an office. The policy objective is to expand the capability for oral applications for a Return (Residence) (Class BB) visa by allowing these applications to be made via a designated telephone number during specified times. This measure ensures that applicants who experience difficulties in other forms of application can still submit their applications by providing a viable alternative method, thereby enhancing accessibility and inclusivity within the visa application process.

Scope and Application

The specified instrument pertains to the Migration Regulations 1994 and aims to facilitate the process for certain applicants to make an oral application for a Return (Residence) (Class BB) visa. This provision is particularly targeted at individuals who may be unable or unwilling to access the internet or face challenges in visiting a departmental office. It expands the current capability for oral lodgement by introducing a designated telephone number that applicants can use during specific hours. These hours, between 8.30am and 4.30pm, Monday to Friday, are adjusted according to the caller's state or territory, taking into account the relevant time zone and any daylight saving time adjustments as per the Acts Interpretation Act 1901. The instrument, which is of a minor or machinery nature, does not require consultation or a Regulatory Impact Statement and came into effect on 2 April 2011. It serves to ensure that eligible applicants have an accessible means of applying for their visa without the necessity of internet access or in-person visits.

Key Provisions

The main provisions of this Instrument, under the Migration Regulations 1994 (subregulation 2.09(3)), enable the making of oral applications for a Return (Residence) (Class BB) visa via a specified telephone number during certain times (paragraph 2). This facility is intended to assist clients who cannot or prefer not to use the internet or visit a departmental office (paragraph 3). The regulation specifies that these oral applications must be made using a designated telephone number during set hours, which vary according to the time zone and any applicable daylight saving time adjustments (paragraph 4). This Instrument imposes certain obligations on applicants for a Return (Residence) (Class BB) visa. They must ensure their oral applications are made during the specified times and via the designated telephone number if they are not attending a departmental office (paragraph 4). The hours of operation are defined as 8.30am to 4.30pm, Monday to Friday, and are adjusted for the specific time zone and any daylight saving changes, as outlined in Section 37 of the Acts Interpretation Act 1901 (paragraph 4). These obligations ensure that the process is accessible and coordinated with standard business hours, facilitating a smooth application experience. Failure to comply with the requirements of the Instrument may result in various consequences, though specific details of penalties or sanctions are not outlined in the Explanatory Statement. Typically, under the Migration Act 1958, breaches of visa application procedures can lead to refusal of the visa application, deportation, or other administrative penalties. However, the precise nature of penalties for this particular Instrument is not detailed here, though it is worth noting that the Office of Best Practice Regulation has determined that a Regulatory Impact Statement is not necessary (paragraphs 5 and 6). The Legislative Instrument IMMI 11/018 took effect on 2 April 2011 (paragraph 7).