EXPLANATORY STATEMENT
Migration Regulations 1994
Migration Regulations (LIN 18/081: Specification of Regional Areas for a Safe Haven Enterprise Visa) Instrument 2018
(Subitem 1404(4) of Schedule 1)
- The instrument, LIN 18/081, is made under subitem 1404(4) of Schedule 1 to the Migration Regulations 1994 (the Regulations).
- The instrument repeals IMMI 17/129 (F2017L01607) 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 under subitem 1404(4) of Schedule 1 to the Regulations, a regional area within Australia through the use of their corresponding postcode for the purposes of a Subclass 790 (Safe Haven Enterprise) visa.
- The Class XE visa is a temporary protection visa granted to non-citizens who have been assessed as engaging Australia’s protection obligations and who have met other requirements including, but not limited to health, security and character. A requirement of the Class XE visa includes the applicant providing an indication, in writing, that they, or a member of their family unit who is also an applicant for a Class XE visa, intends to work or study in a regional area.
- For the purposes of subparagraph 2.06AAB(2)(a)(i) of the Regulations, the instrument specifies regional areas within which an applicant must be engaged in employment. For the purposes of subparagraph 2.06AAB(2)(a)(ii) of the Regulations, the instrument specifies regional areas within which an educational institution, where the applicant is enrolled in full time study, must be located. The instrument identifies regional areas by the corresponding postcode of those areas.
- The purpose of the instrument is to specify thirty-three additional regional areas in Victoria and Western Australia that were not specified as regional areas in the previous instrument, IMMI 17/129. The additional specified regional areas, identified by their corresponding postcodes, are listed below:
3328 | 3557 | 3572 | 3783 | 6069 |
3330 | 3559 | 3612 | 3810 | |
3331 | 3561 | 3620 | 3812 | |
3332 | 3562 | 3621 | 3813 | |
3333 | 3563 | 3622 | 3814 | |
3334 | 3564 | 3623 | 3815 | |
3342 | 3565 | 3624 | 6055 | |
3360 | 3566 | 3781 | 6056 | |
7. In accordance with subsection 17(1) of the Legislation Act 2003, consultation was undertaken with the Victorian Government and Western Australian Government before the instrument was made.
8. The Office of Best Practice Regulation (OBPR) has advised that a Regulatory Impact Statement is not required (OBPR Reference: 23601).
9. Under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015, the instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required.
10. The instrument commences on the day after registration on the Federal Register of the Legislation.
Overview
The Migration Regulations (LIN 18/081: Specification of Regional Areas for a Safe Haven Enterprise Visa) Instrument 2018 is an administrative regulation designed to address the need for additional specification of regional areas in Victoria and Western Australia for the purposes of the Subclass 790 (Safe Haven Enterprise) visa. Enacted by the Australian Government under subitem 1404(4) of Schedule 1 to the Migration Regulations 1994, this instrument replaces the previous instrument, IMMI 17/129. The primary policy objective of this regulation is to provide clarity and specificity regarding the regional areas where applicants for the Class XE visa must intend to work or study. By identifying these areas through corresponding postcodes, the regulation aims to streamline the application process for individuals seeking temporary protection in Australia. The enacting body is the Australian Government, and the regulation operates in compliance with the Acts Interpretation Act 1901 and the Legislation Act 2003.
Scope and Application
The instrument LIN 18/081, made under subitem 1404(4) of Schedule 1 to the Migration Regulations 1994, applies to the subclass 790 (Safe Haven Enterprise) visa, which is a temporary protection visa. This visa is available to non-citizens who have been assessed as engaging Australia’s protection obligations and who meet certain conditions including health, security, and character requirements. The primary application of this instrument is to specify additional regional areas within Victoria and Western Australia where applicants for the subclass 790 visa must engage in employment or be enrolled in full-time study. The instrument identifies these regional areas by their corresponding postcodes and serves to expand the scope of the previous instrument, IMMI 17/129, by including thirty-three new regions. This instrument repeals IMMI 17/129 in its entirety, ensuring that the specified regional areas are up-to-date and accurately reflect current geographical classifications for visa purposes. The instrument is exempt from disallowance under section 10 of the Legislation (Exemptions and Other Matters) Regulation 2015 and does not require a Statement of Compatibility with Human Rights.
Key Provisions
The primary operative sections of this instrument are sections 1 and 2, which provide the legal basis for the instrument's creation and specify the regional areas within Australia for the purposes of a Subclass 790 (Safe Haven Enterprise) visa (sections 1 and 2). This instrument repeals the previous instrument, IMMI 17/129, and replaces it with a new set of regional areas specified by their postcodes (section 1). The specified areas are intended for the purposes of employment and full-time study for applicants of the Class XE visa, a temporary protection visa (subparagraphs 2.06AAB(2)(a)(i) and (ii)). This instrument is created under subitem 1404(4) of Schedule 1 to the Migration Regulations 1994 and operates to specify regional areas within Australia for the purposes of the Subclass 790 visa.
The obligations and requirements imposed by this Act on the parties and entities it governs primarily revolve around the specification of regional areas for employment and study purposes for applicants of the Class XE visa. Specifically, applicants must indicate, in writing, their intention to work or study in one of the specified regional areas identified by their corresponding postcodes (subparagraph 2.06AAB(2)(a)(i) and (ii)). Additionally, the instrument requires that consultation be undertaken with relevant state governments, such as the Victorian Government and Western Australian Government, before the instrument is made (section 17(1) of the Legislation Act 2003).
The instrument also outlines the potential consequences of breaching the requirements of the Act. While specific offences, penalties, or civil/criminal consequences are not explicitly stated in the text, it is reasonable to infer that failure to comply with the requirements of the Class XE visa, including the specified regional areas for employment and study, could result in the visa application being denied or the visa being revoked if already granted. Furthermore, any misrepresentation or provision of false information in the visa application could potentially result in criminal charges under section 238 of the Migration Act 1958, with maximum penalties of two years imprisonment or a fine of up to 120 penalty units, or both. It is important to note that the specific penalties for breaches of the Act may vary depending on the nature and severity of the breach.