Overview

The Migration Regulations 1994, amended by Instrument F2011L00206, was enacted to address specific gaps in visa application charges for particular classes of persons. This Instrument, made under the authority of the Migration Act 1958, aims to specify which classes of persons are eligible for a nil visa application charge (VAC) for a Tourist (Subclass 676) visa. It revokes a previous Instrument, IMMI 07/052, and introduces new requirements for registered Arafura Games participants to be eligible for a nil VAC. This change was introduced by the Australian Government to respond to EU concerns about visa reciprocity for short-term visitors, as well as to support the 2011 Arafura Games held in Darwin. The policy objective includes facilitating smoother visa processes for eligible visitors while also recognising and supporting international sporting events.

Scope and Application

This Instrument, made under the Migration Regulations 1994, specifies the classes of persons who are eligible for a nil visa application charge (VAC) for a Tourist (Subclass 676) visa. It applies to holders of a passport issued by an EU member country who are outside Australia and lodge an application on the internet for a Tourist (Class TR) visa for a duration of three months or less, as well as registered participants of the Arafura Games, which were scheduled to be held in Darwin from 7-14 May 2011. The Instrument revokes a previous Instrument (IMMI 07/052) and provides the requirements for Arafura Games participants to be eligible for the nil VAC. It implements the Government’s decision from August 2006 to address EU concerns about visa reciprocity for short term visitors, and the decision of the Minister for Immigration and Citizenship to make a nil VAC available to Arafura Games participants in 2011. This Instrument commenced on 15 February 2011 and does not require a Regulatory Impact Statement as it has little to no compliance cost on businesses and individuals, and no other impacts on the economy or competition.

Key Provisions

The primary operative sections of the instrument are those that specify the classes of persons eligible for a nil visa application charge (VAC) for a Tourist (Subclass 676) visa. Specifically, subparagraph 1218(2)(a)(i)(B) provides that applicants in classes of persons specified in writing will be charged no VAC (paragraph 2). This instrument specifies two such classes: holders of a passport issued by an EU member country who are outside Australia and lodge an application on the internet for a Tourist (Class TR) visa for a duration of three months or less, and registered Arafura Games participants (paragraph 4). The instrument revokes a previous instrument (IMMI 07/052) and sets out the requirements for Arafura Games participants to be eligible for a nil VAC. This Act imposes certain obligations on the parties it governs. For instance, applicants from EU member countries must be outside Australia and must lodge their visa applications on the internet to be eligible for a nil VAC. Similarly, registered Arafura Games participants must meet certain criteria to qualify for this benefit. The Act also specifies the duration for which the visa is valid, namely, three months or less for the former class of applicants. There are no specific offences, penalties, or consequences mentioned for breach of this instrument. However, it is implied that failure to meet the eligibility criteria or requirements set out in the Act could result in the applicant not qualifying for a nil VAC. The instrument operates to specify the classes of persons eligible for this benefit, and it is up to the Department of Immigration and Citizenship to ensure that applicants meet the necessary criteria. It is worth noting that the Office of Best Practice Regulation has advised that a Regulatory Impact Statement is not required for this instrument because there is little or no compliance cost on business and no other impacts on business and individuals or on the economy or on competition (paragraph 7).