Overview

The Arrangements for E-Visitor Applications 2016/111, enacted as a legislative instrument under the Migration Regulations 1994, addresses a specific need to refine the application process for Visitor (Class TV) visas. This Instrument revokes a previous legislative instrument, IMMI 15/038, and specifies the approved form and method for valid applications under subparagraph 1218(1)(b)(ii) of Schedule 1 to the Regulations. The enactment was carried out by the Senior Executive Service, Band two, Immigration and Citizenship Policy Division, following a delegation of powers under Instrument of Delegation DEL 16/048. The primary objective of this legislative instrument is to streamline the application process by removing certain arrangements for a specific class of applicants, thereby maintaining efficient administrative procedures without substantially altering existing practices. The instrument was introduced without the need for a Regulatory Impact Statement, as advised by the Office of Best Practice Regulation, and it commenced on 19 November 2016.

Scope and Application

The Arrangements for E-Visitor Applications 2016/111 Instrument is made under subregulation 2.07(5) of the Migration Regulations 1994 and specifies the approved form and manner for making a valid application for a Visitor (Class TV) visa. This Instrument revokes the previous Instrument IMMI 15/038 and applies to a minor cohort of applicants who previously had access to alternative visitor visas through online lodgement. The Instrument does not substantially alter existing arrangements and has been determined by the Office of Best Practice Regulation to not require a Regulatory Impact Statement. The Instrument is exempt from disallowance and therefore a Statement of Compatibility with Human Rights is not required. The Department of Immigration and Border Protection’s website will be updated to reflect these changes from the commencement date of 19 November 2016. The Senior Executive Service, Band two, Immigration and Citizenship Policy Division was delegated the powers contained in subparagraph 2.07(5) of the Regulations in Instrument of Delegation DEL 16/048.

Key Provisions

The main operative sections of this instrument are subsection 2.07(5) of the Migration Regulations 1994, which provides the power to make the instrument, and subsection 33(3) of the Acts Interpretation Act 1901, which allows for the revocation of previous instruments. The instrument, IMMI 16/111, specifies the approved form and manner in which a valid application must be made for a Visitor (Class TV) visa, replacing the previous instrument, IMMI 15/038, concerning the same subject matter. This change removes specific arrangements for a class of persons under subparagraph 1218(1)(b)(ii) of Schedule 1 to the Regulations, impacting a small group of applicants who can use alternative visitor visas through online lodgement. The obligations and requirements imposed by this instrument on applicants for a Visitor (Class TV) visa include adhering to the specified application form and process as outlined in the instrument. This involves ensuring that the application is completed accurately and in accordance with the prescribed format, which may include providing certain personal and travel details, supporting documents, and fees. The Department of Immigration and Border Protection’s website will be updated to reflect these changes from the commencement date, ensuring that applicants have access to the most current information. Breaches of the provisions outlined in this instrument could lead to civil or criminal consequences. While the explanatory statement does not detail specific offences or penalties, violations of the Migration Regulations 1994 generally can result in various penalties. These may include fines, imprisonment, or both, depending on the nature and severity of the breach. For instance, knowingly providing false information in a visa application can lead to penalties under the Migration Act 1958. However, this particular instrument focuses on procedural changes rather than introducing new offences or penalties, so applicants are primarily required to comply with the specified application process to avoid any adverse outcomes.