Migration Regulations (Amendment)

Overview

The Migration Regulations (Amendment) 1997 No. 17, issued under the authority of the Minister for Immigration and Multicultural Affairs, amends the Migration Regulations to align with the Government's policy to increase cost recovery within the framework of the Migration Act 1958. This amendment was enacted to address the need for increased revenue from visa application fees, particularly for the Change in Circumstance (Residence) (Class AG) visa and the Family (Residence) (Class AO) visa, which are set to increase from their previous amounts to $1500 each. However, exceptions are noted for orphan relatives and special need relatives, as well as for applicants holding a Prospective Marriage (Subclass 300) visa, who retain a reduced fee of $600. These changes aim to ensure a balanced approach, maintaining support for vulnerable groups while adjusting fees for other applicants to meet cost recovery goals. The Regulations commence upon their gazettal, ensuring that the amendments are implemented in a timely and effective manner.

Scope and Application

The Migration Regulations (Amendment) 1997 No. 17 pertains to the Migration Act 1958 and serves to adjust the fees associated with specific visa applications under the Act. Specifically, these amendments impact the fees for applications concerning the Change in Circumstance (Residence) (Class AG) visa and the Family (Residence) (Class AO) visa, raising them to $1500. Notably, exceptions are outlined for certain applicants: those who are orphan relatives, special need relatives, or holders of a Prospective Marriage (Subclass 300) visa will continue to pay a concessional fee of $600. This amendment is enacted under the authority provided by section 504 of the Migration Act 1958, allowing the Governor-General to make regulations necessary to implement the Act, including the setting of fees. The Regulations are designed to reflect the government's policy of enhancing cost recovery, while still providing fee concessions for specific vulnerable groups. These changes apply across the Commonwealth of Australia and are effective from the date of their gazettal.

Key Provisions

The primary sections of these Migration Regulations (Amendment) are Regulation 1 and the changes outlined in Schedule 1. Regulation 1 (Amendment) states that the Migration Regulations will be amended as per the details provided in this amendment. The specific changes are detailed in Schedule 1, particularly in subregulations 2.1 to 2.4. These subregulations detail the fee adjustments for various visa types, providing specific fee amounts for different categories of applicants. Under the new regulations, applicants for a Change in Circumstance (Residence) (Class AG) visa and a Family (Residence) (Class AO) visa will be required to pay a fee of $1500. However, there are exceptions. For orphan relatives and special need relatives, the fee remains at $600. Similarly, applicants for a Family (Residence) (Class AO) visa who hold a Prospective Marriage (Subclass 300) visa are also eligible for the $600 fee concession. These obligations are clearly outlined in subregulations 2.1 to 2.4, which specify the conditions under which the fee concessions apply. Any breach of the new fee requirements could result in legal consequences. While the explanatory statement does not explicitly detail the penalties for non-compliance, it is reasonable to infer that failure to pay the correct fee could lead to a refusal of the visa application or other administrative penalties. The precise nature and extent of these penalties would likely be governed by other provisions within the Migration Act 1958 or related administrative guidelines. The amendments come into effect upon gazettal, meaning they are legally effective from the date they are published in the Commonwealth Gazette. This ensures that all parties, including applicants and immigration officials, are aware of the changes and can adjust their practices accordingly. The timing of the commencement is crucial to ensure that the new fee structure is implemented smoothly and that applicants are informed well in advance.