EXPLANATORY STATEMENT
Migration Regulations 1994
SPECIFIED PLACE 2015
(Subparagraph 2.04(3)(b)(ii) and sub-subparagraph 2.08AC(4)(a)(ii)(B))
- This Instrument is made under subparagraph 2.04(3)(b)(ii) and sub-subparagraph 2.08AC(4)(a)(ii)(B) of the Migration Regulations 1994 (the Regulations).
2. This Instrument revokes Instrument number IMMI 15/054 (F2015L00387), signed on 30 March 2015, under section 33(3) of the Acts Interpretation Act 1901.
3. The purpose of the Instrument is to add an address in Hong Kong as a specified place, where a visa applicant can supply their personal identifiers to the Department of Immigration and Border Protection (the department).
4. The Instrument operates to specify places where visa applicants can provide their personal identifiers, as identified in regulation 2.08AC, to the department. Personal identifiers are to be provided for the purpose of assessing the validity of a visa application under sub-subparagraph 2.08AC(4)(a)(ii)(B) and for circumstances in which a visa may be granted under subparagraph 2.04(3)(b)(ii).
5. Consultation was not necessary as, under subsection 18(1) of the Legislative Instruments Act 2003, the Instrument is of minor or machinery nature and does not substantially alter existing arrangements.
6. Under section 44 of Legislative Instruments Act 2003 the instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
7. The Office of Best Practice has advised a Regulatory Impact Statement is not required (OBPR reference 18609).
8. The Instrument, IMMI 15/080, commences on 21 May 2015.
Overview
The Migration Regulations 1994, amended by Instrument F2015L00647, was enacted to address the need for additional locations where visa applicants can provide personal identifiers for the assessment of their applications. This amendment was introduced to facilitate the process by including an address in Hong Kong as a specified place for the submission of such identifiers. The objective of this legislative instrument is to streamline the visa application process by expanding the geographical scope in which applicants can submit their personal information to the Department of Immigration and Border Protection. This revision was made under the authority of the Legislative Instruments Act 2003 and commenced on 21 May 2015. The instrument operates to specify the places where personal identifiers can be provided, thereby enhancing the efficiency of visa application assessments.
Scope and Application
The Specified Place 2015 Instrument, made under the Migration Regulations 1994, adds a specified place in Hong Kong where visa applicants can supply their personal identifiers to the Department of Immigration and Border Protection. This instrument serves to update the locations where visa applicants can provide necessary identification for the purpose of assessing the validity of a visa application and for granting visas. It replaces the previously specified address in Instrument IMMI 15/054, and it operates to specify the places identified in regulation 2.08AC where personal identifiers are to be submitted. This change does not require consultation as it is considered of minor or machinery nature under the Legislative Instruments Act 2003 and does not substantially alter existing arrangements. Furthermore, the instrument is exempt from disallowance and does not necessitate a Statement of Compatibility with Human Rights. The commencement date of this instrument is 21 May 2015.
Key Provisions
The primary operative sections of this legislation pertain to the addition of a specified place, namely an address in Hong Kong, where visa applicants can provide their personal identifiers to the Department of Immigration and Border Protection (DIBP) (subparagraph 2.04(3)(b)(ii), sub-subparagraph 2.08AC(4)(a)(ii)(B)). This specified place is introduced to facilitate the assessment of the validity of visa applications and the circumstances under which a visa may be granted (section 4). This addition effectively expands the locations from which personal identifiers can be collected, as previously stipulated in regulation 2.08AC, to include the new location in Hong Kong.
The Act imposes several obligations on parties involved. Visa applicants are required to provide their personal identifiers at the specified place in Hong Kong, which is now an authorised location for such submissions (subparagraph 2.04(3)(b)(ii), sub-subparagraph 2.08AC(4)(a)(ii)(B)). The DIBP must also ensure that the process for collecting these identifiers at the new location adheres to the regulations set out in the Migration Regulations 1994. Furthermore, the DIBP must ensure that all collected personal identifiers are used solely for the purpose of assessing visa applications and determining eligibility for visa grants, as outlined in the Act.
Failure to comply with the provisions of this Act may result in various consequences. For instance, if a visa applicant fails to provide the necessary personal identifiers, their application may be deemed incomplete, and the application process could be delayed or rejected. There are no specific criminal or civil penalties mentioned in the Act; however, the DIBP has the authority to take administrative actions against non-compliance, which could include further investigation or denial of visa applications. Additionally, any misuse of personal identifiers collected under the Act could result in further legal consequences under the broader Migration Act 1958 and associated regulations.