EXPLANATORY STATEMENT
Issued by authority of the Minister for Immigration, Citizenship and Multicultural Affairs
Migration Regulations 1994
Migration (Visitor Visa Applications from Citizens of the People’s Republic of China) Instrument (LIN 23/020) 2023
1 The instrument, Departmental reference LIN 23/020, is made under subclause 600.251(2) of Schedule 2 to the Migration Regulations 1994 (the Migration Regulations).
2 The instrument repeals Migration Regulations 1994 – Visitor Visa Applications from Citizens of the People’s Republic of China – IMMI 13/008 (F2013L00513) in accordance with subsection 33(3) of the Acts Interpretation Act 1901 (the Acts Interpretation Act). That subsection provides that a power to make a legislative instrument includes a power to amend or repeal that instrument in the same manner, and subject to the same conditions, as the power to make the instrument.
3 The instrument commences on the day after registration and is a legislative instrument for the Legislation Act 2003 (Legislation Act).
Purpose
4 Subclause 600.251(1) of Schedule 2 to the Migration Regulations requires that an applicant for a Subclass 600 Visitor visa in the Approved Destination Status (ADS) stream be a citizen of the People’s Republic of China (PRC).
5 Subclause 600.251(2) of Schedule 2 to the Migration Regulations also requires the same citizen to be a resident in an area of PRC specified by the Minister in an instrument in writing.
6 The purpose of this instrument is to list all provinces, municipalities and autonomous regions in Mainland China as specified areas for the purposes of subclause 600.251(2) of the Migration Regulations.
7 The instrument will maintain the arrangements previously in place under Migration Regulations 1994 – Visitor Visa Applications from Citizens of the People’s Republic of China – IMMI 13/008, which is repealed by the instrument.
Consultation
8 Consultation is unnecessary as the instrument is of a machinery nature and does not alter existing arrangements.
9 The Office of Impact Analysis (OIA) was consulted and considered that the instrument dealt with matters of a minor nature and no regulatory impact statement was required. The OIA reference number is OBPR23-04317.
Details of the instrument
10 Part 1 of Schedule 1 provides the provinces in PRC that are specified areas for the purposes of subclause 600.251(2) of Schedule 2 to the Migration Regulations.
11 Part 2 of Schedule 1 provides the municipalities in PRC that are specified areas for the purposes of subclause 600.251(2) of Schedule 2 to the Migration Regulations.
12 Part 3 of Schedule 1 provides the autonomous regions in PRC that are specified areas for the purposes of subclause 600.251(2) of Schedule 2 to the Migration Regulations.
Parliamentary scrutiny etc.
13 The instrument is exempt from disallowance under section 42 of the Legislation Act. This is because a legislative instrument made under Schedule 2 to the Migration Regulations is prescribed under section 10, item 20(b), of the Legislation (Exemptions and Other Matters) Regulation 2015 as an instrument not subject to disallowance.
14 As the instrument is exempt from disallowance, a Statement of Compatibility with Human Rights is not required.
15 The instrument was made by a delegate of the Minister for Immigration, Citizenship and Multicultural Affairs, in accordance with subclause 600.251(2) of Schedule 2 to the Migration Regulations.
Overview
The Migration Regulations 1994 Migration (Visitor Visa Applications from Citizens of the People’s Republic of China) Instrument (LIN 23/020) 2023, enacted under the authority of the Minister for Immigration, Citizenship and Multicultural Affairs, was introduced to address the need to specify the areas within the People’s Republic of China from which citizens can apply for a Subclass 600 Visitor visa under the Approved Destination Status (ADS) stream. The instrument was created to update and replace the previous regulation, Migration Regulations 1994 – Visitor Visa Applications from Citizens of the People’s Republic of China – IMMI 13/008, with the aim of maintaining the previously established arrangements while ensuring that all provinces, municipalities, and autonomous regions in Mainland China are listed as specified areas. This legislative instrument is exempt from disallowance, thereby not requiring a Statement of Compatibility with Human Rights, as it is categorised as a machinery instrument that does not alter existing arrangements.
Scope and Application
The Migration (Visitor Visa Applications from Citizens of the People’s Republic of China) Instrument 2023 (LIN 23/020) applies to citizens of the People's Republic of China seeking a Subclass 600 Visitor visa under the Approved Destination Status (ADS) stream. Specifically, it targets those applicants who must be residents of specified areas within the PRC as mandated by subclause 600.251(2) of Schedule 2 to the Migration Regulations 1994. This instrument lists all provinces, municipalities, and autonomous regions in Mainland China as the specified areas for eligibility, thereby maintaining the arrangements previously set out in the repealed instrument, IMMI 13/008. The instrument, which is a legislative instrument under the Legislation Act 2003, was made by a delegate of the Minister for Immigration, Citizenship and Multicultural Affairs and exempt from disallowance, thus not requiring a Statement of Compatibility with Human Rights. The instrument's scope is confined to the administrative and regulatory framework governing visitor visa applications from Chinese citizens, without extending to any substantive changes in policy or eligibility criteria.
Key Provisions
The key operative sections of the Migration (Visitor Visa Applications from Citizens of the People’s Republic of China) Instrument (LIN 23/020) 2023 include subclause 600.251(1) and (2) of Schedule 2 to the Migration Regulations 1994. Subclause 600.251(1) mandates that an applicant for a Subclass 600 Visitor visa must be a citizen of the People’s Republic of China (PRC). Subclause 600.251(2) further requires the applicant to be a resident in an area of PRC specified by the Minister in a written instrument. The instrument lists all provinces, municipalities, and autonomous regions in Mainland China as specified areas for the purposes of this subclause, thereby maintaining the arrangements previously established under Migration Regulations 1994 – Visitor Visa Applications from Citizens of the People’s Republic of China – IMMI 13/008, which is repealed by this instrument.
The Act imposes specific obligations and requirements on the parties it governs. Firstly, it necessitates that any individual from the PRC who applies for a Subclass 600 Visitor visa must be a citizen of the PRC and must reside in one of the specified areas listed in the instrument. This ensures that the applicant meets the eligibility criteria set out in the Migration Regulations. Furthermore, the instrument, by specifying the geographical areas within the PRC, streamlines the application process by providing clear and definitive parameters for residency, thereby ensuring that applicants comply with the residency requirement.
There are no specific offences, penalties, or civil/criminal consequences detailed within the explanatory statement for breaches of this instrument. However, under the general provisions of the Migration Regulations 1994, failure to comply with the requirements for visa applications can lead to visa cancellations, exclusion orders, and bans on future applications. The general penalty for providing false or misleading information in visa applications can include fines and imprisonment under the Migration Act 1958. Given that this instrument is part of the legislative framework governing visitor visas, it is reasonable to infer that non-compliance with its provisions could similarly attract the penalties applicable under the broader legislative scheme.