EXPLANATORY STATEMENT
Migration Regulations 1994
MIGRATION REGULATIONS (IMMI 17/129: SPECIFICATION OF REGIONAL AREAS FOR A SAFE HAVEN ENTERPRISE VISAS) INSTRUMENT 2017
(Subitem1404(4))
- Instrument IMMI 17/129 is made under subitem 1404(4) of Schedule 1 to the Migration Regulations 1994 (the Regulations).
- The instrument repeals IMMI 17/014 (F2017L00388) under subitem 1404(4) of Schedule 1 to the Regulations and in accordance with subsection 33(3) of the
Acts Interpretation Act 1901, which states where an Act confers a power to make, grant or issue any instrument of a legislative or administrative character, the power shall be construed as including a power exercisable in the like manner and subject to the like conditions (if any) to repeal, rescind, revoke, amend, or vary any such instrument. - The instrument operates to specify postcodes within Australia which are taken to be a regional area for the purpose of subparagraphs 2.06AAB(2)(a)(i) and (ii) of the Regulations and subitem 1404(4) of Schedule 1 to the Regulations. In particular, an application for a Safe Haven Enterprise (Class XE) visa (Class XE visa) must include an indication, in writing, that the applicant, or a member of the applicant’s family unit who is also an applicant for a Class XE visa, intends to study or work while accessing minimum social security benefits in a regional area specified in the instrument.
- The purpose of the instrument is to specify all postcodes in the Northern Territory as regional in Schedule 3 to the instrument and have effect from the day after registration.
- Consultation was undertaken before the instrument was made with the Northern Territory Government.
- The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference 22861).
- Under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015 and pursuant to item 20 of the table in section 10 of the Legislation (Exemption and Other Matters) Regulation 2015, the instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
- The instrument commences on the day after registration.
Overview
The Migration Regulations (Instrument IMMI 17/129) were enacted in 2017 to address the need for a precise specification of regional areas in Australia for applicants seeking a Safe Haven Enterprise (Class XE) visa. This instrument was made under subitem 1404(4) of Schedule 1 to the Migration Regulations 1994 and repeals an earlier instrument, IMMI 17/014. The instrument aims to identify specific postcodes within the Northern Territory as regional areas for the purposes of the Regulations, requiring applicants for the Class XE visa to indicate their intention to study or work while accessing minimum social security benefits in these specified areas. The enacting body responsible for this instrument is the Australian Parliament, and the policy objective is to ensure that applicants for the Safe Haven Enterprise visa are directed to regional areas, thereby supporting regional development and integration. The instrument came into effect on the day following its registration and was exempt from disallowance, thus no Statement of Compatibility with Human Rights was required.
Scope and Application
The Migration Regulations (IMMI 17/129: Specification of Regional Areas for a Safe Haven Enterprise Visas) Instrument 2017 applies to applicants for the Safe Haven Enterprise (Class XE) visa, specifically those who intend to study or work while accessing minimum social security benefits in designated regional areas. This instrument operates under subitem 1404(4) of Schedule 1 to the Migration Regulations 1994 and specifically identifies postcodes in the Northern Territory as regional areas for the purpose of these regulations. It is designed to ensure that any application for a Class XE visa includes a written statement indicating the applicant’s intention to reside in one of these specified areas. The instrument effectively repeals a previous instrument (IMMI 17/014) and has been subject to consultation with the Northern Territory Government. This legislation is exempt from disallowance and does not require a Statement of Compatibility with Human Rights. The instrument comes into effect from the day after its registration.
Key Provisions
The Migration Regulations (IMMI 17/129: Specification of Regional Areas for a Safe Haven Enterprise Visas) Instrument 2017, made under subitem 1404(4) of Schedule 1 to the Migration Regulations 1994, specifies postcodes in Australia that are designated as regional areas for the purpose of the Safe Haven Enterprise (Class XE) visa. This instrument repeals the previous instrument IMMI 17/014 (F2017L00388) and amends the Regulations to clarify the definition of regional areas. Specifically, the instrument identifies all postcodes within the Northern Territory as regional areas, as per Schedule 3 of the instrument. This means that applicants for a Class XE visa must indicate, in writing, their intention to study or work while accessing minimum social security benefits in one of these specified regional areas.
The instrument imposes several obligations on applicants for a Class XE visa. Primarily, applicants must provide a written statement affirming their intention to engage in either study or work while residing in one of the specified regional postcodes in the Northern Territory. This requirement is crucial for the assessment of their visa application and ensures that the applicant intends to contribute to the regional economy and community. The instrument also mandates that the application include relevant details about the proposed activities and the specific regional postcode where these activities will take place.
Breaching the requirements set out in the instrument can lead to serious consequences for applicants. If an applicant fails to provide the necessary written indication or provides false information regarding their intentions, their visa application may be rejected. Such rejections are grounded in the statutory provisions of the Migration Regulations 1994 and may result in the applicant being unable to obtain the visa. Additionally, any fraudulent intent or misrepresentation in the visa application can lead to further civil or criminal penalties, including potential fines or imprisonment, as outlined under the Migration Act 1958. It is imperative for applicants to comply with the stipulated requirements to avoid these adverse outcomes.